Legal people some advice please

Cuffey

Cuffey

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Scenario

Dealer who does not call herself a dealer (she currently has 3 for sale) has bought horse from private person she pays half cash half cheque, transports horse many hundreds of miles, then stops cheque

Dealer then puts horse on market (internet ad)

OK so best advice please for the original seller.
No doubt this is civil action but any help for best way to proceed will be welcomed
 
Just because she doesnt call herself a dealer doesnt mean she isnt considered one especially if it can be shown that she is selling on a regular basis. This is Civil, small claims depending on the amount. I did it and won some years back.
 
as a dealer she should of really known better, stupid girl. although civil. does she have any sort of reciept, proof that she sold horse and for total amount?
there could be a case of theft.
 
It is a criminal offence to knowingly write a cheque for which you have insufficient funds to clear. If she acts quickly she might, just, be able to get the police involved. They'll probably tell her it's a civil debt and she will probably have to remind them of this, relatively recent, legislation which was passed to prevent exactly this kind of offence.
 
cptrayes said:
It is a criminal offence to knowingly write a cheque for which you have insufficient funds to clear. If she acts quickly she might, just, be able to get the police involved. They'll probably tell her it's a civil debt and she will probably have to remind them of this, relatively recent, legislation which was passed to prevent exactly this kind of offence.
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Thank you that was advice I was hoping for, that there was legislation for this type of offence so that if caught out people have a fighting chance of justice.
 
Whether dealer calls herself a dealer or not, what she did with the horse afterwards is irrelevant.

The important fact is that the "dealer" bought a horse, paid half cash and half cheque and stopped the cheque - therefore did not pay the full amount for the horse. Best course of action to the original seller would be to chase the money owing to her and proceed through small claims court if necessary.

The stopped cheque should act as evidence that the dealer admits she owes money money to the original seller.
 
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