Part Payment

[MobileMegan]

Hi All

This is my first post!

I would like some advice if possible. I am a Mobile Therapist/Makeup Artist. I had a call from someone a few weeks ago asking to book me for their wedding which was around Christmas. Normally, I carry out bridal trials two months in advance but I do understand that some people do not plan ahead.

Anyway, I did the trial and I found the bride to be very awkward and had the 'she knew best' attitude.

She wrote me a cheque for the trial and the deposit totalling £100. Two days later I received an email from her to say that she had cancelled the cheque and would not be going ahead with the makeup on the day for her and her bridesmaids as the makeup she felt was too traditional bridal.

She has taken it upon herself (after almost a week of chasing her for payment) to deposit £35 into my account. The agreement was that the trial is £50. I am also quite put out as this is less than two weeks before the wedding and I have turned down numerous appointments for that day.

I charge £35 for an occasion makeup (this is where she is getting the £35.00 figure from), this would take 40 minutes in total. For her bridal trial I was there for one hour and ten minutes.

Any advice would be appreciated
Thanks all
Megan

 

[daisyl]

Once a cheque is written, regardless of whether the client then cancels, it is a legal contract promising payment. Therefore the bank has to honour it, legally - so you are well within your rights actually to demand the bank to deposit the amount.

A lot of people think that they can cancel a cheque regardless - actually that is not true! You are within your rights to demand the cheque is honoured.

 

[jes]

I bet she got charged for cancelling the cheque and she's taken the fee out of your, agreed, £50 .

I would send her an invoice, demanding the outstanding payment

 

[lisa82]

What a bi*ch!! That's awful! Hope you still have the cheque coz if Daisyl is right then there'll be no problem. I hope so and wish I was a fly on the wall when she opens her bank statement and see's she has paid you £85 teehee! Best wishes! x

 

[MobileMegan]

Thank you for your replies

I have spoken with my bank and they have advised that once a cheque is cancelled by the client there is nothing that I can do except to take it through the small claims court.

I will not be accepting any cheques going forward. However, it is a shame for all those lovey clients who write cheques because its a convenient way for them to pay.

I suppose that this can be a warning to us all!!

Megan x

 

[daisyl]

whoever it was you spoke to has given you the wrong info - was the cheque guaranteed with a card - if so it has to be honoured by law. Honestly X

 

[zcook]

Posted via Mobile Device

 

[MobileMegan]

Hi DaisyL

Yes it has the card number written on the back. I think I will actually go and visit the local branch and speak to them face to face.

Thank you for your advice x

 

[Martin Duffy]

DaisyL is correct; a cheque that has been guaranteed by a cheque guarantee card cannot be cancelled (although only the amount guaranteed on the back of the card is actually guaranteed, often about £100). This may be of use:

UK Payments Administration - Cheque Guarantee Cards

And this from the same site:

Can I stop a cheque?
You can request your bank to stop payment of a cheque before it makes its decision whether or not to pay it. If payment of the cheque was guaranteed by a cheque guarantee card, you cannot subsequently ask your bank to stop payment.

Sometimes banks try it on even though cheques are guaranteed, but if you go to them clued up as regards your rights they will have no choice but to guarantee it. If you look on most bank websites regarding cheques they will clearly state a guaranteed cheque cannot be stopped (unless lost or stolen).

 

[zcook]

Posted via Mobile Device

 

[zcook]

unfortunately for whatever reason and cheque guarenteed or not the bank will not pay out on a cancelled cheque dont waste your time. I thought they would too but they dont. The only way to get the full amount is to take her to petty debts which wont be worth your while.
As annoying and wrong it is, put this one down to experience and dont accept cheques again. I advise clients when they book that i cant take cards.
She is out of order but it does happen. Chin up
Posted via Mobile Device

 

[MobileMegan]

Well, I have decided to bank the cheque when I get the chance and see what happens.

I will let you all know the outcome! But I will certainly not be accepting cheques again!

 

[Martin Duffy]

Before you bank it make a point of recording the number of the cheque guarantee card so if you have any trouble you have proof you took it.