Personal Finance

Money Mart PROBLEM!!! HELP~!!

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[OP]
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Aug 15, 2005
317 posts
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Toronto

Money Mart PROBLEM!!! HELP~!!

I'm not sure if I am posting in the correct section...

But I need some advice/help IMMEDIATELY. So I had some contractors come in to remove/replace my old furnace with a new one... however, after installation, I noticed that the furnace they promised on paper was not the same furnace they installed.

I tried contacting the contractors, but was not able to reach them. I put a hold on the 2 post dated cheques... So I wrote them a registered letter notifying them that I had put a hold on the cheques until we reach a resolution.

A few days later, I get a letter from Money Mart Collections saying that I owe them money!! I don't know what to do now... Does Money Mart have the right to go after me for money when the contractors were the one that cashed the held cheques there?!

HELP!!
101 replies
Deal Addict
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Jun 28, 2005
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I strongly suggest that you seek legal advice. I don't think a lot of lawyers frequent RFD. Taking any legal advice from here could be detrimental to your case.
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Apr 14, 2009
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Vaughan
agent86 wrote: I strongly suggest that you seek legal advice. I don't think a lot of lawyers frequent RFD. Taking any legal advice from here could be detrimental to your case.
agreed, but I do know something about the situation.

1) you wrote a cheque then subsequently put a stop payment on it.
2) they cashed it at a money mart
3) money mart tried to collect from the bank but was denied the funds
4) money mart has your name and address on the cheque
5) they want their money but you did nothing wrong.

this is a matter between the contractor and money mart not you, s[peak to your lawyer and/or banker but you are in the clear, you followed protocol and money mart got screwed, not your fault or problem.

Congrats you committed fraud using our banking system as an accomplice. I only say this because stopping a cheque is not a legal way to settle a dispute with a contractor (i agree with what you did btw) but in the end you got a product and or service and stiffed the contractor (despite them trying to rip you off first)
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Sep 28, 2007
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Is there a way to stop people from cashing cheques. Like if you write "for deposit ONLY" on the back of the cheque. I wonder what would have happened if the contractors tried to deposit the cheque instead of cashing it right away.
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Sep 28, 2007
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misskaren wrote:
I tried contacting the contractors, but was not able to reach them.
Did they disappear off the face of the earth or something? How long ago was this?
[OP]
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Aug 15, 2005
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Toronto
coffeeguy wrote: agreed, but I do know something about the situation.

1) you wrote a cheque then subsequently put a stop payment on it.
2) they cashed it at a money mart
3) money mart tried to collect from the bank but was denied the funds
4) money mart has your name and address on the cheque
5) they want their money but you did nothing wrong.

this is a matter between the contractor and money mart not you, s[peak to your lawyer and/or banker but you are in the clear, you followed protocol and money mart got screwed, not your fault or problem.

Congrats you committed fraud using our banking system as an accomplice. I only say this because stopping a cheque is not a legal way to settle a dispute with a contractor (i agree with what you did btw) but in the end you got a product and or service and stiffed the contractor (despite them trying to rip you off first)
Haha, It's not like I don't have the funds to pay them out. I would be more than happy to pay the contractors if they had finished the job. They promised me a rebate, but I have determined that these amounts are not true. And based on the actual model of the furnace that they did install, it is NOT eligible for the rebates that they promised. The contractors have breached their contract with me, have they not?

I don't understand how Money Mart has any legals rights to go after me. One of the ladies called me, and even told me that if I do decide to take this to court, I would lose 100% and that I would have to pay for everything plus court fees. =/

I have spoken to my bank (TD) and they told me that they are looking into it, and they believe that Money Mart is just using this as a scare tactic. I still have yet to find a lawyer that will take up such a petty case... I would appreciate any advice or help from you RFDers regardless if you aren't lawyers!
[OP]
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Aug 15, 2005
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Toronto
Value Hunter wrote: Did they disappear off the face of the earth or something? How long ago was this?
It happened May 7, I have not been able to reach them since then. Their phones are off, they won't return my voicemail/calls. On other occasions, their voicemail was full. I went to their shop, and it was closed. I just can't reach them. What kind of business is this?! Such poor poor customer service!!!!!
Sr. Member
Sep 11, 2008
602 posts
35 upvotes
Toronto
personally i think you are in the clear, i would tell money mart to stick it,
it's their fault for excepting a personal check. what if someone got a hold of an old check book and start writting fake check to themself and start cashing them at money mart? will they go after the check owner eventhough he/she has nothing to to with it.
Deal Expert
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Feb 24, 2003
18849 posts
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I would not ignore Money Mart's claims until speaking with a lawyer or someone familiar with the law. Doing so may prejudice your case because you did sign the cheque but stopped payment.
Deal Addict
Jul 28, 2005
3237 posts
27 upvotes
I'm sorry to say, but I think you're screwed. This is a known scam, and what Money Mart is doing is quite legal. There was a big deal about it last year in Vancouver, when a number of elderly got screwed the same way, and Money Mart sued them and won.

The NDP tried to introduce a bill to have this made illegal, but I think it either got voted down, or an election was called before it could be voted on.

You could try making a lot of noise about it and Money Mart may back down, but I unfortunately don't expect you'll get very far.


http://www2.canada.com/vancouversun/new ... 6a&k=25276
http://news.aol.ca/article/bc-cheque-ca ... ud/259136/
http://www.6717000.com/newsArticle-4328.html
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Jan 27, 2004
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T.O. Lotto Captain
Deal4US wrote: personally i think you are in the clear, i would tell money mart to stick it,
it's their fault for excepting a personal check. what if someone got a hold of an old check book and start writting fake check to themself and start cashing them at money mart? will they go after the check owner eventhough he/she has nothing to to with it.
No. Because that would be check forgery and very easy to prove.
Deal Addict
Jul 28, 2005
3237 posts
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Value Hunter wrote: Can you write "not to be cashed at Moneymart" in the memo field and on the back of the cheque to stop people from cashing a cheque at Moneymart? That way if Moneymart takes you to court, what would be their defense for cashing the cheque?
There something called crossing a cheque which prevents the cheque from being cashed anywhere except in a bank and it has to be deposited into an account, it can't be paid in cash.

Or something like that. It's rather confusing, but for a while they were telling people in Vancouver to do it when paying for home renovations in order to not get scammed. But I don't think anyone understood it. Apparently it's more widely used outside of North America.

Here's a couple of links about it:

http://banking.postedpost.com/2008/08/0 ... -a-cheque/
http://www.nab.com.au/wps/wcm/connect/n ... e/15/16/8/


Edit: I seem to have replied to someone's comment that has been deleted. Just in case there is any confusion.
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Sep 28, 2007
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asdfvcx wrote:
Edit: I seem to have replied to someone's comment that has been deleted. Just in case there is any confusion.
Edit: I can't undelete it, so I'll just post it again.

"Can you write "not to be cashed at Moneymart" in the memo field and on the back of the cheque to stop people from cashing a cheque at Moneymart? That way if Moneymart takes you to court, what would be their defense for cashing the cheque?"

I think writing "Not to be cashed, for deposit only" would be the safest if they try to cash the cheque at another cashing place besides Moneymart.
Deal Fanatic
Jul 4, 2004
9152 posts
2157 upvotes
Those contractors must be shady for them to use a cheque cashing place to clear a cheque plus take the commission hit for it. If you can't get this resolved, you may want to have the work they have done inspected to make sure that it was installed correctly. Wouldn't want to see the house blow up.
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[OP]
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Aug 15, 2005
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Toronto
I don't understand the legality of Money Marts claim against me!

I'm trying to deal with my contractor as this is a problem between him and I. Money Mart has NOTHING to do with it. Shouldn't they track down the contractor as they have Money Mart's money???

How does Money Mart know if a cheque is in good standing? Do they take it upon good faith?

I did business with the contractors on good faith, and now I'm being screwed over! How can Money Mart and the contractors get away with this??

I'm stressing out... :mad:
Deal Addict
Feb 9, 2005
4172 posts
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misskaren wrote: How does Money Mart know if a cheque is in good standing? Do they take it upon good faith?
Yes, they take it upon good faith, because then they get their fat comission and can sue you for the money even if it's not in good standing. On the other hand, if they actually called the bank to check if it was in good standing, they'd find out it isn't and would refuse to cash it and loose out on their comission.
Deal Fanatic
Jul 4, 2004
9152 posts
2157 upvotes
misskaren wrote: I don't understand the legality of Money Marts claim against me!

I'm trying to deal with my contractor as this is a problem between him and I. Money Mart has NOTHING to do with it. Shouldn't they track down the contractor as they have Money Mart's money???

How does Money Mart know if a cheque is in good standing? Do they take it upon good faith?

I did business with the contractors on good faith, and now I'm being screwed over! How can Money Mart and the contractors get away with this??

I'm stressing out... :mad:
Don't stress out and keep your senses. Contact the Ministry of Consumer Affairs to find out what are your rights and what can they do to help you,
http://www.gov.on.ca/mgs/en/ConsProt/STEL02_168947.html
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