Cheque Bounce Case and Impact on Tier 1 Visa

[tungha2106]

Hi,

I just now came to know that there was a cheque of INR 8000 which I had issued in India way back in 2007 and for some reason it bounced. After that I moved to the UK and was totally unaware of this until today (after 6-7 years). Today my parents received a call from the company to whom the cheque was issued and they said that they are sending the case to the civil court in india and they will write to UK embassy which will affect my visa. Now my query is, can a cheque bounce case affect my future visa application? well, I am by all mean ready to pay and settle the case, but the amount they asked me to pay was huge. it amounted to the tunes of 1 lakh that they want me to pay. any thoughts?

[thebionicredneck2003]

Hi,

Do you have any records for the said cheque and how do the company know you are based in the UK?

I find it strange that this case is being brought up now after over 6 years.

Anyway, the ideal thing to do is to try and settle the case out of court and make sure you keep a record of all correspondence with the company clearly stating that you are willing to make the payment. You can also probably get a solicitor as well, to make sure that your best interests are represented and to probably negotiate a better deal for you.

Finally, please not that this forum is open to everyone and not only people from your home country, so when you ask a question and include words such as lakh, a lot of members will not understand what you are talking about and will find it hard to quantify the amount without going to a search engine.

Good luck.

[manojk005]

Hi,

I just now came to know that there was a cheque of INR 8000 which I had issued in India way back in 2007 and for some reason it bounced. After that I moved to the UK and was totally unaware of this until today (after 6-7 years). Today my parents received a call from the company to whom the cheque was issued and they said that they are sending the case to the civil court in india and they will write to UK embassy which will affect my visa. Now my query is, can a cheque bounce case affect my future visa application? well, I am by all mean ready to pay and settle the case, but the amount they asked me to pay was huge. it amounted to the tunes of 1 lakh that they want me to pay. any thoughts?

I am not lawyer but common sense says that it is too late to file case in civil court. Better you check with some honest lawyer that whether one can file case after 6-7 years. Then accordingly plan. Your case sounds like some opportunistic people came to know that your are in UK and they can extract this money by threatening to report to UK embassy/consulate. Probably they also want to exploit your situation that you will like out of court settlement rather than contesting in court. You have provided correct information while applying and thats what UKBA is interested in. Simply you should check with lawyer and do suitable thing. If I were you then I would have simply said to come via court. Normally opportunistic company will stop bluffing then.

[Mela]

Not knowing the details its hard to say but seems like there is no case at all and in no way it can affect your immigration stautus in the UK. Some people clearly want to take advantage of you living in the UK hoping for court setllemnt as above poster suggested. Talk to a good laywer you can always tell this company that if the continue to thereaten and harass you, you will sue them for causing moral distress to you and your parhaps elderly parents

[Tire1Questions]

Do not worry, nothing is going to happy. 6 years is a long time and they cannot even register a case against you in any court of India. I know it from my close experience to similiar situation. Though I am not a lawyer, but its simply a common sense. However, I am sure some solicitors member of this form would shred some light on it.

Regarding they reporting the case to Embassy, I do not think, embassy should entertain their request. Just by bouncing a case does not mean you are a criminal and no degree have been awarded in the court. If anybody turn up at embassy saying that they got a cheque issued by so and so person, it does not prove that the cheque belong to that particular person and in my opinion, embassy is not an investating authority. And without investigation or court proceedings it cannot be ascertain that you own them money or status of cheque.

[tungha2106]

Agreed. Till today I am trying to settle this issue with them but the bank person is trying to blackmail me. They are asking 4 times the amount actually owed by me. This is looking like just an extortion case and they are blackmailing me saying that they will write to the UK embassy and it will affect my visa.

I would really appreciate if some solicitor members can guide me (if they cannot advise on this forum please pm me).

Thanks all for the advice.

Do not worry, nothing is going to happy. 6 years is a long time and they cannot even register a case against you in any court of India. I know it from my close experience to similiar situation. Though I am not a lawyer, but its simply a common sense. However, I am sure some solicitors member of this form would shred some light on it.

Regarding they reporting the case to Embassy, I do not think, embassy should entertain their request. Just by bouncing a case does not mean you are a criminal and no degree have been awarded in the court. If anybody turn up at embassy saying that they got a cheque issued by so and so person, it does not prove that the cheque belong to that particular person and in my opinion, embassy is not an investating authority. And without investigation or court proceedings it cannot be ascertain that you own them money or status of cheque.