ADVERTISEMENT



Google       

Home -> Law Blog Directory -> International Law Blogs -> Solicitors – Telford - Shropshire - UK - Legal News

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

International Law

: Solicitors – Telford - Shropshire - UK - Legal News

Don't rush to cash that cheque

By S Stocks

ADVERTISEMENTS
Shropshire businesses who fear their customers may not be able to pay their bills in full must proceed with caution. Chris Detheridge, who leads our Commercial Litigation Team, said the credit crunch was causing real problems for many companies in terms of cash flow.

?In such difficult circumstances, it may be tempting to take a part payment from a customer, to cover some of their debt ? but this can be a dangerous move. Obviously it will mean that you do have at least some of the money they owe, but it could mean you kiss goodbye to the rest of the outstanding amount.?

Chris said the circumstances may occur if, for example, a customer owed your business £100 but sent a cheque for £80, saying it was ?in full and final settlement?.

?You?re quite entitled to bank the cheque as a part-payment, ask for the balance, and point out that if you don?t receive it, you?ll take legal action. But recently the courts have been taking a different view ? where a customer has offered part-payment on an earlier date, or from another financial source, this can sometimes be seen as sufficient consideration.

?This means that if you then bank the cheque, you can?t claim the balance ? the courts say this is because you have derived a benefit too, such as receiving the money earlier, or the settlement of a dispute.?

Chris said the situation was even more difficult if you and the customer were in dispute over the bill. ?If this is the case, don?t cash a cheque paid in full and final settlement if you want the full amount ? return the cheque with a covering letter demanding payment in full.

?If you do decide to cash the cheque, respond as soon as possible with a counter-offer of what terms you will accept. Cashing the cheque is seen as strong evidence of acceptance, so you need to reject the offer immediately.?

Chris said for many companies, receiving at least some of the money would be very difficult to resist, particularly in such challenging economic times. ?But tempting as it may be, you need to check the wording of any offer very carefully, and ensure you?re not agreeing to something you may regret later.?

Full post as published by Solicitors – Telford - Shropshire - UK - Legal News on February 25, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0021 secs (from cache 11/03/26 10:58:12)