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how does one do a opposition chequier ?

Posted by pennyblack-286544 - Created: 6 years ago
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10 replies (Showing replies: 1 to 10)

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Posted by ChristopherL-188542 - 6 years ago

trying to follow all the action here.... I suppose musky is a different person than pennyblack - yes? Pennyblack's complaint was services not provided whereas musky's complaint (although called a scam) sounds more like his/her inadvertently falling for dubiously advertised service (i.e. there is not really a question about whether the service would be provided, rather a question about the way they marketed their service and your acceptance of a service that you now realise is unnecessary).
The distinction between pennyblack's case and musky's is very interesting because in musky's case his/her bank have been engaged to make some sort of judgement call on the credibility of the demand for payment. I have never heard of this before and there is no legal basis for that as Olivier has very clearly pointed out. Nonetheless, many ordinary folk would say "tant mieux - the scammers can just go whistle for their money, they don't deserve it". BUT... they will be billed a cheque rejection payment and if it turns out that this was not a real scam but let's say some kind of clever marketing which you fell for, then in law they are entitled to your payment PLUS the fees and incidental expenses your actions incur. Did your bank in declaring the cheque as lost ask you to sign a declaration that effect? I agree with Olivier that if the payee was to make a fuss and it comes back to your bank, then you'll be rather stitched up when your bank pulls out of their filing cabinet your own signed declaration of loss of cheque!! I wonder if the helpful clerk will still be around in such a case? Maybe a storm in a teacup because no company is going to expend a lot of effort to collar an unwilling customer - they may just let it slide in musky's case but the danger in this story is generalising musky's situation to that of pennyblack or someone with some other motivation for cancellation.
This whole thread gives interesting insights into the differences between the anglophone approach to services/payment/contracts and the francophone reality in which we live. I see this so often in my profession where customers believe they stopped a service contract by stopping payment. Even when the service has been suspended (through lack of payment) you are still liable under commercial law. You have to serve proper notice on the provider for cancellation of service for whatever adequate motivation you have. Under French commercial law, the most effective adequate motivation is the"cooling off period" or "delai de retractation". I am not 100% certain if this applies to the publishing services to which musky has been persuaded to subscribe but it is worth the cost of a registered letter to the company quoting simply your right to exercise the delai de rétractation. This is, if nothing else, just very good manners and if you do it quickly enough, it covers you for any comeback that they may have if they present your cheque.

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Posted by musky-211885 - 6 years ago

Olivier, thankyou for your advice I will go to the police to be on the safe side, i did not see the 2 -3 years part. Having had so much paperwork in the last 3 weeks it was easy to miss. This is where the scammers can take advantage. Having spoken today to a local he also fell for this, telling me the scammers timing is well planned and the amount of paperwork involved in setting up a business is enorme.
I agree this is not what the original poster was enquiring about and their reasons will not be classed as the same situation. Excuse me for hijacking the post.
Thankyou for your knowledge it is welcome and i will beware.
Kathy

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Posted by Olivier06480 - 6 years ago

52xmax, absolutely not. True, and luckily that is often the case, the other company may just give up, but if you read my post you will see when a cheque is lost or not. If they have it, then, quite simply, it is not lost ! And if there is the correct signature on it, then it is not stolen...



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Posted by Olivier06480 - 6 years ago

Kathy, trully this would be a first if a bank is authorized to chose if this or that is a fraud. They can't pick a Maddoff, but they can see when there is a scam ???True, it may be the case here that the "Registre whatever" will simply not follow that up and just let go. Maybe. But in the other instance, where another AngloInfo viewer wanted to stop a cheque because the company was just too slow in doing what she said she would do, this would be just way too dangerous.
Dura lex, sed lex...
But if you want to follow up, there is bound to be an association acting against the fraud you are victim of. My suggestion, though, would be to go to the police and lodge a formal complaint, so you will have some ammunitions if they ever come back to you.
Don't panic, however, it may not be too much money and they will give up.
However.... I have had the same letter, so check if they don't say somewhere on 2nd page or in vvvvvery small letters that this is an annual fee and that you have signed for 2 or 3 years.... Gasp !
Good luck.

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Posted by 52xmax - 6 years ago

it does sound to me that it was lost, or very close to it.

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Posted by musky-211885 - 6 years ago

If you are referring to my post, I was completely honest with the bank showing them all my documentation, and explaining the scam which they informed me I was not the only person that had come to them with this. yes the 3 choices you have shown were the reasons they could pick. My bank chose lost. That is their actions and responsiblilty. They have assured me that there will be no come back against me. It was a scam and as such fraud which they take very seriously, I was right to inform them.
Kathy

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Posted by Olivier06480 - 6 years ago

This is a serious thing. There is only 3 reasons why a bank would cancel a cheque:A- Cheque lostB- Cheque (or cheque book) stolenC- company receiving cheque has been made bankrupt
NOTHING ELSE
And the bank is not in a position to discuss the right or wrong of a business matter.
If you say the cheque is lost, and that the company who you have sent the cheque to puts it in the bank, then you are now officially the fraudster. That will take you to court, on the question of: Did you lie by saying a cheque was stolen or lost when actually it was not. Yes, or No. The question is not: Are you happy or unhappy with the service delivered by the other part...And there are serious penalites for this, court costs, and the cheque will be cashed anyway
In any case, if you say it is stolen and the company presents the cheque to the bank, it is the responsability of the other bank to cash it, and keep the funds (debited from your account) onto a "safe" account, until it is proven that the cheque was or was not stolen or lost. They would go to your bank to check the signature. If it is your signature, if the company cashing the cheque is the one indicated in "A l'ordre de..." and the amount in numbers matches the one in letters... then cheque is valid.
And remember that if you ask to see a copy of the cheque, you will have only the front copy. The back copy, with all informations about bank acocunt of other part will NOT be revealed, as it is prtected by the banking "secret".
Whoever is telling you that you can cancel the cheque by doing this or that is putting you on a very dangerous path... And when things will turn "legal", you can be sure the person at the bank will NOT remember anything, only that you have told her that cheque was lost. They are just plainly incompetent...
Forget about the cheque, it is done. Now you can sue the company, and go to a lawyer. Don't have a lawyer ? Well, do you have a credit card ? In many cards, you are paying annually for a "protection juridique". Maybe you can lodge an enquiry with them....
Good luck

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Posted by 785biot@gmail.com - 6 years ago

Nissalabella to cancle a check because it was lost or stolen is entirely another matter than to cancle it because you disagree with a company.Hvis you have written an chek with the company name, date and amount it is difficult to prove that it was lost. and it is illegal and could trigger a penalty when the firm tries to cash the check.

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Posted by musky-211885 - 6 years ago

Just to update on my previous post. Went to the bank explained what had happended and they have stopped the cheque. Marking it as lost.I am so relieved.

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Posted by musky-211885 - 6 years ago

Hi
I have foolishy sent a cheque off today to a company called Registre Creation having just registered my business, I believed that this was the registration fee. I am going to my bank tommorrow to try and stop this cheque as I now know this to be a scam. Will this Opposition Chequier apply to me for that.
Any advise welcome. Kathy