help please - private seller and stopped cheque

50
Found 23rd Sep 2009
Hi Guys, I need some help
I am a private seller who sold a epos till to local petshop which i thought i knew the owners well.
I sold them a epos till which i had, i was with them for 1 1/2 hours doing demo and setup and they gave me 2 cheques for £200 each posted dated for different days, these had the payee name blank ( which was agreed becuase was going to give one to a friend who helped me) well the first date came and paid in, then letter came saying cheque had been stopped.
I went to shop only to be told that they decided that they did not want the till any longer so stopped the cheque. I said they could not do that as its now a agreed "promise to pay" and contract has been formed by doing this. I then got told just to take the till or iam going to get it. I then asked what was wrong with it and they said nothing just changed mind. I then reminded them that i dont do refunds and that they are still in contract with me which they have broke by stopping cheque. I then got told do you "want to step out side" line. which then i walked out to seek advice.

Help!! where do i stand?

any advice anyone please.

Chris

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you got your till back no problems is it in the same condition you sold it in you could try a small claims court

Get your till back, and chalk it upto experience.

go see the citizens advice beareu (or however is spelt)... they will help you

They can use their part of the DSR's which means they can change their mind within 7 days and get a full refund

Have you got anything in writing from them at all (i.e what you were providing them with, and for how much). If not I'd imagine it's just your word against theirs, so as has already been said, take the till and leave it there.

faevilangel;6372716

go see the citizens advice beareu (or however is spelt)... they will help … go see the citizens advice beareu (or however is spelt)... they will help youThey can use their part of the DSR's which means they can change their mind within 7 days and get a full refund



Private seller, not distance selling either (it was sold at the pet-shop, not remotely, from what I gather) so DSR doesn't apply AFAIAA.

Original Poster

dsr, but it was demo in front of them, one to one
i dont have the till at the moment, but just checking if give up and let them win and take me for a ride - by not telling me they stopped cheque and saying they was going to do me in

faevilangel;6372716

go see the citizens advice beareu (or however is spelt)... they will help … go see the citizens advice beareu (or however is spelt)... they will help youThey can use their part of the DSR's which means they can change their mind within 7 days and get a full refund



They are not covered by the DSR if he delivered the item in person and set it up for them.

Chrisg82;6372747

dsr, but it was demo in front of them, one to one i dont have the till at … dsr, but it was demo in front of them, one to one i dont have the till at the moment, but just checking if give up and let them win and take me for a ride - by not telling me they stopped cheque and saying they was going to do me in



Just call the cops if they even tried to touch you!

faevilangel;6372716

go see the citizens advice beareu (or however is spelt)... they will help … go see the citizens advice beareu (or however is spelt)... they will help youThey can use their part of the DSR's which means they can change their mind within 7 days and get a full refund



In what way does DSR even enter into this??? FFS ! :x

Original Poster

basicly iam just selling few bits got in my house, tills was from woolworths because was going to start up my own shop but never got around to it.
not business, just me and few bits clearing out

no money is cleared, only proff i got is 2 cheques for £200 each which have been stopped and they have my till

I would small claims it.

The majority of people brick it and pay up instantly.

Original Poster

was thinking of calling the police but it was my word agaist the two of them. as they are both togeather doubt it would help

Your answer is in post #4.

Original Poster

is that only opition? post 4?
i have wasted time, parking, travel only to be taken pee of
looking on web cheque can only be stoped if no goods or stolen etc... but if got goods you cant as its "promise to pay" unless agreed

Chris

Original Poster

tinkerbell28;6372815

So why not just take the till back like they said and refund, especially … So why not just take the till back like they said and refund, especially if you don't want local grief, soak it up and move on:thumbsup:



Why would i refund?
Iam the one with out any funds and no goods?

Do you have a signed contract?

1) First go in with the video on your phone switched on and discreetly capturing what is said and done, ie admit its your till and unpaid for, if no joy is forthcoming step 2.

2) Walk in with a few mates, retrieve the till and leave (again with video on).

Hate people who think they can walk over you.

Original Poster

ps thanks for everyone help so far, just been bad day

Original Poster

no contract, just 2 cheques which have been stopped

Chrisg82;6372841

is that only opition? post 4?i have wasted time, parking, travel only to … is that only opition? post 4?i have wasted time, parking, travel only to be taken pee oflooking on web cheque can only be stoped if no goods or stolen etc... but if got goods you cant as its "promise to pay" unless agreedChris



It sounds like you've done the right thing by demo'ing and setting up. They've changed their minds (fair enough) but wrongly stopped cheques and not informed you. You go to sort it out face to face and get grief. How much joy are you thinking you'll get by trying to enforce the sale to them?
Did they sign anything? Is there anything in writing? If they claim the till is theirs, can you prove otherwise? You left them with a till worth £400 and got post-dated cheques?
You need to wise up to the fact that they're not gonna pay up, so get your stock back and move on. All other costs are incidental.

Banned

put it down to experience and learn from it, thats what we are supposed to take from experiences, good and bad

Original Poster

tinkerbell28;6372869

God now wonder he lost his rag seriously, you are a private seller, he is … God now wonder he lost his rag seriously, you are a private seller, he is a private buyer, easiest thing to do would be refund and take the till, you can *try* and take him to court and get him to pay the final £200, no guarantees you will win as no contract, no proof you never said he could trial it for example, so no guarantees you will win.If you want to walk around in fear of having your head kicked in at any given time in your local area, then keep pushing him, the police will do jack to help, money is a civil matter and as for the threats, you hagve no proof. Just walk away this time it will be easier.



think you misunderstood, sorry, i havent had any money, none of cheques cleared, so just asked what i should refund as you stated

tinkerbell28;6372869

God now wonder he lost his rag seriously, you are a private seller, he is … God now wonder he lost his rag seriously, you are a private seller, he is a private buyer, easiest thing to do would be refund and take the till, you can *try* and take him to court and get him to pay the final £200, no guarantees you will win as no contract, no proof you never said he could trial it for example, so no guarantees you will win.If you want to walk around in fear of having your head kicked in at any given time in your local area, then keep pushing him, the police will do jack to help, money is a civil matter and as for the threats, you have no proof. Just walk away this time it will be easier.



Tinks, you're missing the point. He has not even been paid. The first post-dated cheque was stopped.

tinkerbell28;6372900

I missed both cheques being stopped but not the point entirely, he was … I missed both cheques being stopped but not the point entirely, he was offered the till back he should take it and walk away, or he can make life difficult for himself!




This is what I said back in post #4 :thumbsup:

Original Poster

thanks for the help guys, guess i have just got to bite bullet,

Original Poster

insolvencyhelpline.co.uk/ltd…php

only reason asked because i googled what to do and found this
but guess its not worth the hassle

As been said,put it down to experience and NEVER give/send goods until cheques have cleared,why do you think so many HIgh St stores don't accept cheques anymore.

Get it back and forget it.

Chrisg82;6372987

http://www.insolvencyhelpline.co.uk/ltd-companies/bad_cheques.phponly … http://www.insolvencyhelpline.co.uk/ltd-companies/bad_cheques.phponly reason asked because i googled what to do and found thisbut guess its not worth the hassle



That's advice for Limited Companies, and you are not one, so none of it applies to you.

Original Poster

will go over later and get it back

cheers for advice guys

chris

Good luck:thumbsup:

wait till the shop is full go in and embarrass him in front of his customers get your till back and just make it heard around town that he is a shoddy shopkeeper..

I once sold somet on Ebay,the guy paid by cheque for about 3 quid and it bounced !

After that i waited for EVERY chq to clear even for low value items.

I would taken them to the small claims court., its cheap and you can claim back the cost of starting proceedings if you win.

The fact that they supplied and then stopped the cheques is some proof that you had an agreement.

Original Poster

must admit, if was just told that they stoped the cheques and that is no longer wanted it i would be fine, but they was not going to say anything(only once bank informed me that i knew) and still had it on the side in use!!,
they to be threatend was the final staw hence why wanted to fight it. only reason did take up offer to go out side lol

but hay, guess lesson learned.

why didnt u take cash?

Their comments you mentioned of:-

"just to take the till or iam going to get it"
and
"want to step out side"

Well done for not rising to this...... nasty pieces of work resorting to bully-boy tactics. Makes me want to go down there, get back the till and get them to reimburse you for your inconvenience..... that proberly makes me as bad as them. There is some good advice on here though so I'm sure your make the right decision.

kyalion;6373030

That's advice for Limited Companies, and you are not one, so none of it … That's advice for Limited Companies, and you are not one, so none of it applies to you.



insolvencyhelpline.co.uk/par…php

rule seems to apply to everyone

Original Poster

must admit was tempted but stayed carm because knew i would not have leg to stand on if excepted offer of a fight. the fact iam going to walk in alone and get the till will show them i dont get bullyed by no muppets.

did not take cash because i knew these guys for 3 years while i worked in the town, they came to me looking for a till and not the other way round. so trusted them as mates lol guess bad call

to me cheques are soooo last century and would never take it as payment ever
shoulda battered them like fishes!
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