A question of payment

  • Thread starter Thread starter subman101
  • Start date Start date
S

subman101

If you pay someone by writing them a cheque, and they then lose the cheque...then have you paid them?
 
Yes.
If you paid them in cash and they lost the money you have still paid them.
 
You only pay them when the cheque is honoured. So no.

If I write you a cheque and there are insufficient funds then have I paid you?
 
You only pay them when the cheque is honoured. So no.
So you would happily return to a shop and re-write a cheque for the goods you now have in your house?

If I write you a cheque and there are insufficient funds then have I paid you?
A different issue
the shop would ask for a cheque guarantee card, therefore guaranteeing them payment...

A lot of tradespeople do as well.
Thats why in my view I have paid them.
 
An honest man would cancel the first cheque and write another, assuming the first hadn't been cashed.
 
If you pay someone by writing them a cheque, and they then lose the cheque...then have you paid them?

No. All you have done is write a cheque. You haven't actually given them any money until the cheque has been presented and cleared your account.

However, you will need to put a stop on the lost cheque, to stop it being paid in future. The payee who lost the cheque should pay your bank's charges for stopping the cheque.
 
So, if I handed £500 cash for a TV which I then took home, and the shopkeeper lost that cash on the way to the bank then that means that I would legally own the TV. However, if he lost a cheque for £500 then I would, in effect, be harbouriing goods I am not entitled to?
 
He wouldn't give it to you without it being cleared - unless he was mad.
 
Back
Top