Help...please !

[minivox]

Hi,

I'm new to posting in a forum so please bear with me if I've posted this in the wrong place.


My brother was given a cheque for the hire of materials he'd provided to a Limited (by Guarantee) company. The cheque 'bounced' 3 times and then he got a copy from his bank with 'Refer to Drawer' on it. Clearly, they had no money in their account to meet payment.

The company gave him another cheque but that too was dishonoured. The Bank notified my brother that the cheque had been 'stopped' in fact, when he got the copy of the cheque from the bank, it was marked as 'Theft Reported' :tinysmile_cry_t:


Now, I have had some advice over the phone from a friendly Solicitor that has told me my brother can sue on the Dishonoured Cheque and that the Company have next to no defence for it....but this is where I need advice on how to sue.

For example....

Which Form ?
Which Court ?
POC ? What to write... ?
What do I need to supply anything in the way of 'evidence' ?

Any help is greatly appreciated ...

[labman]

Re: Help...please !

If less than £5000, you may find this helpful:

http://www.adviceguide.org.uk/englan...all_claims.htm

and this:

https://www.gov.uk/make-court-claim-for-money/overview

[TUTTSI]

Re: Help...please !

If it is over £750 you can issue a statutory demand and then bankrupt them if they don't make the payment good. I would also report this to the police as the cheque states 'theft reported' http://www.hmrc.gov.uk/manuals/insmanual/ins11250.htm

[minivox]

Re: Help...please !

Hi, thank you for your replies

The cheque was for £2500 so is within the limit for the Money Claim Online thingy.. but I just don't have a clue what to put on the form :tinysmile_cry_t:

Never having had the misfortune to do it before, means that I am totally ignorant of exactly how to word the claim.

For example on the the first page of Form N1 is the section for Amount Claimed/Court Fee/Solicitors Costs/Total Amount. Although that appears self explanatory would I need to add in the Amount Claimed the cheque value (£2500) or the amount after calculating interest on the amount ?

Then...on Page 2 the Particulars of Claim what 'wording' should I use ?

I know there is some kind of prescribed term to use for claiming interest ...I've seen it somewhere (just can't remember where...)

-and-

Do I scan and send in the copies of the cheques I've received back from the Bank ?

Sorry to ask so many stupid questions but I feel that I'm sinking in legalese....

[labman]

Re: Help...please !

I'm glad the links were useful, butI'm afraid I can't help you with wording. I'm sure someone will be along who can help though.

[jameswade]

Re: Help...please !

maybe contact a solicitor who can help you out?

[roythegrass]

Re: Help...please !

Issuing a small claim can be daunting for a 'first timer'. I would encourage you to go to your local CAB and they will go through the process step by step. I would agree with tuttsi that a statatory demand would be more effective and the CAB can help you with this. How confident are you that the company have the assets to cover the value of the bounced cheque ?

[valeriej43]

Re: Help...please !

If you go to a CAB make sure you can see someone who knows what they are talking about, i went for advice and they were more useless than me
The advice notes you get with court forms should explain everything,and if you ring your local court they will advise you as to what to put that you are claiming for
My court claim was for a much smaller amount so your claim might have to be explained differently, [by you] but i would think in your case you would need to add interest on
Sorry i cant be more help,its the first time i have had to do it too, but i rang my local court and they were very helpful in explaining how to fill the forms in, but of course they cant give any other advice,hope this helps a bit

[ploddertom]

Re: Help...please !

Has he tried Money Claim Online?