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I have been given two cheques which have bounced and are from a husband and wife joint account. Can I claim equally against both parties?
I have been given two cheques from a husband and wife personal account, both of which have bounced. Can I claim equally against both parties to the account even though the wife did not sign the cheques. I have looked though the Bill Act but can't find answer. I need to know if I can pursue both as although the husband has no assets, the wife does.
It is very hard to successfully defend a claim on a dishonoured cheque. One of the defences is a total failure of consideration. If the work that you undertook was for the husband and he signed the cheque - albeit on a joint account - your claim lies against the husband only.
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