Bounced Cheque - go directly to Jail
Discussion
Czech PMSL!!
This reminds me..
In Zimbabwe, where I used to live, the cash became devalued and useless very quickly. To give you an idea, in 1998, 1 pound sterling bought 12 Zim dollars, but by 2002, the same pound bought about $5,000 Zim dollars.
So, if you got mugged in Zim (by a desperate poor bugger) you actually had to write the guy a cheque, because the cash would be impractical to carry. This worked until the thiefves worked out that cheques do in fact bounce. Then, if you offfered to write a cheque, you got shot.
This reminds me..
In Zimbabwe, where I used to live, the cash became devalued and useless very quickly. To give you an idea, in 1998, 1 pound sterling bought 12 Zim dollars, but by 2002, the same pound bought about $5,000 Zim dollars.
So, if you got mugged in Zim (by a desperate poor bugger) you actually had to write the guy a cheque, because the cash would be impractical to carry. This worked until the thiefves worked out that cheques do in fact bounce. Then, if you offfered to write a cheque, you got shot.
R555SSH said:
Czech PMSL!!
This reminds me..
In Zimbabwe, where I used to live, the cash became devalued and useless very quickly. To give you an idea, in 1998, 1 pound sterling bought 12 Zim dollars, but by 2002, the same pound bought about $5,000 Zim dollars.
So, if you got mugged in Zim (by a desperate poor bugger) you actually had to write the guy a cheque, because the cash would be impractical to carry. This worked until the thiefves worked out that cheques do in fact bounce. Then, if you offfered to write a cheque, you got shot.
so if they twigged on the cheque thing then what did they steal? watch, jacket liver, shoes?
r988 said:
R555SSH said:
Czech PMSL!!
This reminds me..
In Zimbabwe, where I used to live, the cash became devalued and useless very quickly. To give you an idea, in 1998, 1 pound sterling bought 12 Zim dollars, but by 2002, the same pound bought about $5,000 Zim dollars.
So, if you got mugged in Zim (by a desperate poor bugger) you actually had to write the guy a cheque, because the cash would be impractical to carry. This worked until the thiefves worked out that cheques do in fact bounce. Then, if you offfered to write a cheque, you got shot.
so if they twigged on the cheque thing then what did they steal? watch, jacket liver, shoes?
The poor guys- [and I mean that- most Zimbabweans you meet are very peaceful timid characters unlike their brutal Southa African neghbours black or white] - would steal everything. A negihbour of ours awoke on the floor of his bedroom to find that his bed had been stolen from underneath him. They even stole telegraph poles and wires FFS!UKBob,
Yes, it’s true.
In the UK, a dishonoured cheque is regarded as a purely contractual matter (breach of contract, in fact) and it is up to the recipient to take civil action to enforce payment. It has to be said, however, that there are precious few valid defences to ‘bouncing a cheque’.
In other countries, dishonouring a cheque (or, more specifically, writing a cheque without having funds available to cover it) is a criminal offence – and criminal penalties, including imprisonment, can apply.
I have personal experience of this in relation to Egypt (no, it wasn’t me that bounced the cheque). There, a first offence generally results in a sentence of 6 months in chokey, but this is usually suspended indefinitely provided the debt is actually paid before it gets to court. A second offence leads to a minimum of a year inside; the 6 months suspended plus whatever is added on for the second time.
This leaves little or no room for negotiation. Once the offence is reported, the matter is in the hands of the police and the complainant cannot withdraw the proceedings; it’s regarded as a matter of public interest. I knew someone there who had set up a construction company and, in an attempt to grow the business, elected to give post-dated personal cheques as a form of performance bond on a large contract. Matters went pear-shaped, the client presented two of the cheques and he ended up doing a runner from the country to avoid jail time – leaving behind a business he had built up over numerous years and some very surprised employees. From what I heard, he cleared out the bank accounts first … and neglected to tell his girlfriend who was on holiday in another part of the country at the time!
Dan
Yes, it’s true.
In the UK, a dishonoured cheque is regarded as a purely contractual matter (breach of contract, in fact) and it is up to the recipient to take civil action to enforce payment. It has to be said, however, that there are precious few valid defences to ‘bouncing a cheque’.
In other countries, dishonouring a cheque (or, more specifically, writing a cheque without having funds available to cover it) is a criminal offence – and criminal penalties, including imprisonment, can apply.
I have personal experience of this in relation to Egypt (no, it wasn’t me that bounced the cheque). There, a first offence generally results in a sentence of 6 months in chokey, but this is usually suspended indefinitely provided the debt is actually paid before it gets to court. A second offence leads to a minimum of a year inside; the 6 months suspended plus whatever is added on for the second time.
This leaves little or no room for negotiation. Once the offence is reported, the matter is in the hands of the police and the complainant cannot withdraw the proceedings; it’s regarded as a matter of public interest. I knew someone there who had set up a construction company and, in an attempt to grow the business, elected to give post-dated personal cheques as a form of performance bond on a large contract. Matters went pear-shaped, the client presented two of the cheques and he ended up doing a runner from the country to avoid jail time – leaving behind a business he had built up over numerous years and some very surprised employees. From what I heard, he cleared out the bank accounts first … and neglected to tell his girlfriend who was on holiday in another part of the country at the time!
Dan
danodon said:
. . . In the UK, a dishonoured cheque is regarded as a purely contractual matter (breach of contract, in fact) and it is up to the recipient to take civil action to enforce payment. It has to be said, however, that there are precious few valid defences to ‘bouncing a cheque’. In other countries, dishonouring a cheque (or, more specifically, writing a cheque without having funds available to cover it) is a criminal offence – and criminal penalties, including imprisonment, can apply.
It can also be a criminal offence in the UK. If you issue a cheque knowing that there are insufficient funds to meet it and it will be returned unpaid then you risk being charged with fraud. The key word is "knowing" and having that proved.
>> Edited by keithyboy on Wednesday 9th November 00:56
Yes, fraud is a Criminal Offence in the UK too. Fraud regulations have also been tightened up in recent years with the Money Laundering Act and The Proceeds of Crime Act. However, the problem with fraud accusations is proving criminal intent. Over 50% of fraud cases are lost by the prosecutors because it is often very difficult to prove that the defendant really did intend to defraud anyone.
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