Canceled a check and now the 3rd party bank is crying foul

[janrascals]

Moved from Debt collection since this seems to be more of a banking issue.


What is the name of your state? VA

Hello,

(Little back ground)
I’m looking for some direction on a matter that has come up. I recently hired a tree service company to remove two trees from my property. I ran into this person at my next door neighbors for whom he was doing some work for as well. He quoted me $2400.00 to complete the job and said that he could start the following week. I agreed. He started the job the following Friday afternoon only to completing a small part of the job before nightfall. He left at dusk and then returned about 2 hours later explaining that he was sorry that he got a late start and that he would be back that Saturday morning. He then stated that he wanted to start the actual paper work on the job, so I let him into my house. He wrote up a work order explaining the job, address, completion date, etc. He then stated that he collects 1/3 at the beginning of the job then the rest upon completion. I wrote a personal check for $800.00 and he noted the work order accordingly. We then both signed the document. About a half hour after he leaves (9pm) I receive a call from Money Mart (check cashing company). They advised me that they received my check and wanted to confirm the information. I was extremely hesitant until the woman on the other end said, “If it makes you feel any better I’ve had this gentlemen do tree work for me as well”. This helped. So I agreed and we hung up. Two days later after seeing that the gentlemen was not returning to finish the job nor returning any of my phone calls I decided to speak with my neighbor where I initially saw this guy. He stated that he ran into a lot of trouble with this guy and for me not to pay him any money until he finishes the job. I explained that the gentlemen never came back to finish the job after receiving a partial payment. He said the same has happened to him. I then called the tree service guy back and left him a message explaining that I was canceling the check which had not cleared at my bank. So I then called the bank and explained my situation. They then
put a stop payment on the check. Later that evening I finally received a call back from the guy. He said he understood why I canceled the check and that he was going to finish the job and square everything away with the check cashing company. At this time I felt much better knowing that I would not be giving any money up front until the job was completed. Well the guy never came back. His phone number is no longer in service. And the work order did not have an address on it. After weeks of having this disaster in my front yard I finally took 3 more bids to complete the work. I’ve now hired one and am still waiting for the work to start….

Okay here is the actual issue. I have since received a call from the Money Mart collection department stating that I did not have the right to cancel that check and that I’m legally responsible for reimbursing the institution under the Holder in Due Course law. The money isn’t the issue here. I just feel like such a fool. It would hurt dearly to swallow this awful pill and send them the cash after being ripped off. I find that these types of business where created to give people like this guy a way to work there awful schemes. If anyone here could please point me in the right direction I would very grateful.

Thanks for time
Virginia fool

[Veronica1228]

Duplicate post.

[url]http://forum.freeadvice.com/showthread.php?p=933428#post933428[/url]

[janrascals]

Originally Posted by Veronica1228

Duplicate post.

[url]http://forum.freeadvice.com/showthread.php?p=933428#post933428[/url]

Thnx for the link