Spotted on Twitter |
Spotted on Twitter |
Tue, 8 Jan 2019 - 20:29
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#1
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Member Group: Members Posts: 477 Joined: 1 Nov 2013 From: NG1 Member No.: 66,409 |
If this is real then they have found a new way to reach further than the bottom.
Cashed a cheque after the latest payment date but now want full payment after the discount has expired. (not sure if imgur previews in this post) [Edit] I'm not computer fantastic, found a new way to link it on ingur It would appear I don't know how to resize.... This post has been edited by KH_: Tue, 8 Jan 2019 - 20:29 |
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Tue, 8 Jan 2019 - 20:29
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Tue, 8 Jan 2019 - 21:54
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#2
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Would like to see Gladstones take this to court
Cheque payments are deemed to be made, the day they're received |
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Tue, 8 Jan 2019 - 22:41
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#3
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Member Group: Members Posts: 33,634 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Cheque payments are deemed to be made, the day they're received According to...? -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Tue, 8 Jan 2019 - 23:40
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#4
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Cheque payments are deemed to be made, the day they're received According to...? Not sure But I am thinking that the Bill of Exchange Act 1882 S74 may have some bearing. QUOTE Where a cheque is not presented for payment within a reasonable time of its issue, and the drawer or the person on whose account it is drawn had the right at the time of such presentment as between him and the banker to have the cheque paid and suffers actual damage through the delay, he is discharged to the extent of such damage, that is to say, to the extent to which such drawer or person is a creditor of such banker to a larger amount than he would have been had such cheque been paid. Which if I am reading right (open to question) means that you cannot hold anyone liable for an unreasonable delay in presenting the cheque. Whether a couple of days is unreasonable is open to question but it is also questionably unreasonable when the delayed presentation crosses a deadline and this has not been mentioned within the payment terms. |
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Wed, 9 Jan 2019 - 06:52
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#5
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Member Group: Members Posts: 56,265 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Also it depend on the terms of the contract offered in terms of payment.....
For example the stock PE text is 'discounted <snip> if paid within 14 days of the date of issue' This raises a number of issues 1/ We know PE notices can take 7+ days to arrive from the date on them, add in another weekend and time for a cheque to clear and do you have an unfair term or condition? 2/ It doesn't define what paid means, so arguably interpreting in the customers favour that would mean cheque received date(assuming it cleared correctly). With Redivi though, I can't see them being in a rush to take that to court as long as payment had been made in a reasonably timely manner. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Wed, 9 Jan 2019 - 09:18
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#6
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Member Group: Members Posts: 41,587 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
With Redivi though, I can't see them being in a rush to take that to court as long as payment had been made in a reasonably timely manner. I disagree, one word - roboclaim... -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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