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i am aware that many years ago (30+) that there was no defence in English law if you stopped a cheque. Does this position still stand. Not me doing the stopping btw.
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Technically, it is a contractual failure with no defence to stop a cheque (could even be a criminal offence (false instrument)). However in practise if someone has a damn good provable reason (failure to supply, incomplete or poor work etc) it can be done.
If its a cheque to you that has been stopped, you will need to start a county court action to recover the debt.
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I can only recall doing this twice, by phone with the bank. Surely they would not agree if it broke the law? All they wanted was the reason, which was that a cheque I had written was missing in the post . I told them the second time was over non-delivery of a large inflatable dingy, which I had trusted the seller to send. (He had, but to a place about 200 miles away.)
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It's not of course illegal to stop a cheque but it is illegal to pay someone by cheque with the intention of stopping payment. Personally I would not accept a cheque as payment these days but insist on a bank transfer.
Apart from presents to members of the family have little cause for issuing cheques these days.
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Stopped cheque - Zero
