Hi, new here

[Hollys84]

Hi

I'm new to the forum and looking for some advice and not sure what section it would come under. I'll try to make it as short as possible.

On Saturday we went to see a dog from Pets4Homes, we was assured the dog was crate trained, well trained, good on the lead, good with children etc. We saw the dog in the family home with the children and all seemed well. We offered to rehome the dog and paid £300 in cash and were given a handwritten receipt, with a verbal agreement to contact the seller should anything go wrong and we would have our money refunded should we return the dog.

On Sunday the dog tried to snap at my daughter as she tried to get past him, this resulted in a small bite to my thumb but thankfully my daughter is OK, we contacted the seller and arranged to take the dog back and asked them to refund the money, On taking the dog back we were written a cheque. I had a feeling this was going to bounce once out into an account and today it has.

I'm wondering if anyone can tell us where we stand with this? Or is this just a very expensive lesson? We have screenshots of messages and a picture of the cheque as well as the original receipt.

Thank you in advance.

[Sam101]

It is my understanding that a cheque given that is know to not be good is in fact a criminal offence. As such the police could be informed. Perhaps you should mention this to the seller in the first instance and see if you can obtain your cash refund before you inform the police.

Others may offer other suggestions to help

I have just looked up this and found the following -

What legal action can be taken against cheque bounce?

If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, the complaint should be registered in a magistrate's court within a month of the expiry of the notice period.

[Hollys84]

It is my understanding that a cheque given that is know to not be good is in fact a criminal offence. As such the police could be informed. Perhaps you should mention this to the seller in the first instance and see if you can obtain your cash refund before you inform the police.

Others may offer other suggestions to help

I have just looked up this and found the following -

What legal action can be taken against cheque bounce?

If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, the complaint should be registered in a magistrate's court within a month of the expiry of the notice period.

Thank you for your response, I had a quick google but couldn't really come up with something solid to go with. A friend mentioned contacting the police but was unsure on what grounds I would contact them, or even if it was a criminal offence.

[islandgirl]

Do you have evidence that a refund was promised in the event of a problem? If so, small claims court perhaps (moneyclaim online). Doubt the police will want to know.

[Hollys84]

Do you have evidence that a refund was promised in the event of a problem? If so, small claims court perhaps (moneyclaim online). Doubt the police will want to know.

Unfortunately, I don't have anything concrete, the original agreement of returning the dog and money refunded was verbal. I have the messages where I told them I would like to return the dog and claim my money back, which they then asked what time I would like to take him back etc.I have a photo of the cheque for £300.

[efpom]

The fact that the cheque exists is strong evidence that a term of the purchase agreement was that if the dog was returned to the seller the price paid for the dog would to be returned to the purchaser.

As things stand, the seller has the dog and the price the buyer paid for the dog and the buyer has nothing.

https://helix-law.co.uk/dishonoured-...is-dishonoured

[Sam101]

You obviously did not Google enough, or look up the criminal Act. If you Google Section 138 of the Negotiable Instruments Act. you will see the answer.

The point being that if you tell these details to the dog owner, they may wish to give you the cash rather than risk the police being involved. It may also be worth mentioning that the income tax office may also wish to investigate the operation they have to see if they are paying tax on their income, which may be doubtful.

[Hollys84]

You obviously did not Google enough, or look up the criminal Act. If you Google Section 138 of the Negotiable Instruments Act. you will see the answer.

The point being that if you tell these details to the dog owner, they may wish to give you the cash rather than risk the police being involved. It may also be worth mentioning that the income tax office may also wish to investigate the operation they have to see if they are paying tax on their income, which may be doubtful.

I highly doubt they are paying taxes on the dogs they are selling. Nor do I think they will take to kindly to being threatened with police action but the point remains it was agreed and they haven't upheld their end.

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[islandgirl]

I agree that the bounced cheque is good evidence of a verbal contract. Get it (or a copy) back from the bank to use as evidence if necessary. I disagree that the Police will get involved. Letter before action to the debtor would be my next move followed by moneyclaim online.

[Hollys84]

I agree that the bounced cheque is good evidence of a verbal contract. Get it (or a copy) back from the bank to use as evidence if necessary. I disagree that the Police will get involved. Letter before action to the debtor would be my next move followed by moneyclaim online.

We have a photo of the cheque before it was put in the bank as well as a receipt of it being put into our account.

[Hollys84]

I did reach out to them again, asking for the return of the money as the cheque had bounced. The response was "I'm sure you are aware that when you took the dog, he bounced also. There was a no returns policy in place. Was not aware the cheque had bounced. My wife will look into this matter later today. We do have banking issues currently". I replied that it was agreed to return the dog should there be issues at the time of sale.

I feel like I'm wasting my time contacting them, so is better to contact the police or go to small claims court?

[Sam101]

As he said he would look into it, give it a few days. If he has not confirmed that funds are then available, then Inform him that issuing a cheque that is not honored is an offence under Section 138 of the Negotiable Instruments Act and and unless the refund is made, legal action would be taken and the police informed.

[islandgirl]

You can certainly try this but I think the Police will not be interested and it will be small claims (moneyclaimonline)