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David (na)     02 June 2010

Maintenance

Please can you guide on what legal rights I have with the following problem:

I have a flat and I get an painting and repair work bill on annual basis, along with Maintenance bill. Just like every year last year I had sent them a cheque to clear the outstanding bills via a courier service. One year later they claim that they did not get any such cheque. I checked with my courier company who confirmed that the delivery was collected by them and signed for by an their employee. I then checked with my bank and they confirmed that the cheque was cleared last year correctly in the name of the society. The cheque was crossed on the top left hand corner to ensure that it is paid to the account of the payee. The manager responsibile for running the society said that he has been to both his banks however they can not find the transaction at all, and he said that he does not remember recieving any such cheques. He also said that if I do not clear the outstanding amount he will continue to charge interest at the rate of 18% p.a. He is refusing to take any responsibility and saying I have to talk to my bank and find out where the cheque has gone, even though the courier has confirmed that the envolope for the cheque was delivered to them.

What Legal right do I have in this case, please guide me.



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