help- payment by cheque-legal view

[thephoenix]

Re: help- payment by cheque-legal view

Bill of Exchange Act (1882) - United Kingdom
"A Bill of Exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer".

[Guest]

Re: help- payment by cheque-legal view

Cheques remain in law a subset of Bills of Exchange, as do banknotes and other promissory notes.

Page 188 of Civil Procedure, by Paula Loughlin and Stephen M. Gerlis details the "Cheque Rule." The reason for this rule is to maintain the confidence of the business community in the system of payment by cheque. The court therefore treats payment by cheque as if payment had been made by cash. The starting point is the Bills of Exchange Act 1882 and the subsequent common law principles and this lead to the statement in the case of Nova (Jersey) Knit -v- Kammgarn Spinnerei [1977] by Lord Wilberforce.

[trashcansinatra]

Re: help- payment by cheque-legal view

Bill of Exchange Act (1882) - United Kingdom
"A Bill of Exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer".

thks i think this will do,i never thought i'd use such an old act but a good one

thks

[trashcansinatra]

Re: help- payment by cheque-legal view

Cheques remain in law a subset of Bills of Exchange, as do banknotes and other promissory notes.

Page 188 of Civil Procedure, by Paula Loughlin and Stephen M. Gerlis details the "Cheque Rule." The reason for this rule is to maintain the confidence of the business community in the system of payment by cheque. The court therefore treats payment by cheque as if payment had been made by cash. The starting point is the Bills of Exchange Act 1882 and the subsequent common law principles and this lead to the statement in the case of Nova (Jersey) Knit -v- Kammgarn Spinnerei [1977] by Lord Wilberforce.

thk you i think that seals it for me
i'll hopefully be able to report back next week

ps what a great site thank you all ! goodnight

[thephoenix]

Re: help- payment by cheque-legal view

Bills of Exchange Act 1882 (c. 61)
http://www.statutelaw.gov.uk/legResu...=1&SortAlpha=0

old it maybe but it is current legislation.

plus amendments

Cheques Act 1992 (c. 32)
http://www.legislation.gov.uk/acts/a..._19920032_en_1

[strangewayofsavin]

Re: help- payment by cheque-legal view

Hi Trash, could you not get a photocopy of the cheque from your bank, this would have the date you signed it, therefore this would give you the proof you require.

[argentarius]

Re: help- payment by cheque-legal view

The date written on the cheque is no proof of anything at all. If you were legally required to settle a debt on 31 March, and you handed over a cheque dated 31 March on 1 May, you still wouldn't have paid it on 31 March.

The only proof of when the cheque was handed over would be a signed receipt from the recipient, which obviously you haven't got.

If you sent the cheque with a covering letter, and they failed to respond to you with "but the cheque wasn't enclosed", this may help to support your case that you handed the cheque over on time. But it's going to come down to balance of probabilities rather than proof.

[Nattie]

Re: help- payment by cheque-legal view

A copy of the front and back of the cheque can equally provide evidence of payment, i would suggest.

[argentarius]

Re: help- payment by cheque-legal view

I'm sorry - I disagree. If the problem is that the recipient has failed to bank it, there will be nothing on the cheque itself which proves the date it was handed over.

All the front and back of the cheque will prove is the date is was actually banked - which isn't in dispute here.