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AIBU- lost cheque from 6 years ago

(134 Posts)
gabsdot Thu 12-May-16 12:33:32

I used to run a preschool and 6 years ago I refunded some fees to a parent. Their child started, they paid the full month's fees and then the child wouldn't settle and they withdrew him after two days. I sent them a cheque to refund the months fees minus 2 days.
I just had a phone call from the dad saying that he lost the cheque and apparently has just found it and can I reissue it.
I basically told him no. I closed my school 2 years ago, all my records are in the attic and my business bank account is closed.

MovingOnUpMovingOnOut Thu 12-May-16 12:35:00

How much is it for?

I think you should have contacted the family when the cheque wasn't cashed and you were doing your books.

Ratbagcatbag Thu 12-May-16 12:35:12

No. Definately not. How did he react to the no?

Kuriusoranj Thu 12-May-16 12:36:04

I think if the business is now closed, you're not BU at all. I'd be interested to hear if anyone knows the actual legalities though.

LupoLounger Thu 12-May-16 12:37:28

Jesus Christ - No YANBU. The Dad probably know's he's chancing his arm or subscribes to the 'if you dont ask you dont get' school of thought. Heck, he may not have known if the school as still open.

That said, your response was fine. He'll realize that too.

Floggingmolly Thu 12-May-16 12:38:17

The statute of limitations is 6 years...

gabsdot Thu 12-May-16 12:39:50

TBH I'm surprised that I didn't notice it wasn't cashed. I was very careful with my accounts.
I'm totally expecting him to arrive at my door demanding his money. I think he said the cheque was for E180

descalina Thu 12-May-16 12:41:14

Why on earth didn't he call when he realised the cheque was lost 6 years ago? Don't know what the legalities are though.

Oysterbabe Thu 12-May-16 12:41:45

Was it more or less than 6 years ago? As someone else said, that could be important re limitation.

RebeccaWithTheGoodHair Thu 12-May-16 12:42:01

6 years? Cheeky sod! YANBU times 100

LupoLounger Thu 12-May-16 12:43:00

I think you should have contacted the family when the cheque wasn't cashed and you were doing your books.

I don't think that's entirely fair to the OP. She issued a refund in the form of a cheque upon request, no questions asked (I'd expect).

It's not her responsibility to make sure it's cashed or the parents manage their finances efficiently, for want of a better term. She's provided a financial instrument to the 'complainant' (for want of a better term) and they've not only lost it, they've forgotten about it for 6 years!

If they were asking for a misplaced cheque from a couple of weeks ago, I'd have more sympathy. But even a cheque from X months ago would have me raising my eyebrows.

NeedACleverNN Thu 12-May-16 12:45:17

Well he obviously wasn't missing the money when the cheque was issued or he would have cashed it asap

Yanbu OP

Kiwiinkits Thu 12-May-16 12:50:26

When you gave him the cheque you discharged all your obligations to him. A promissory note is as good as cash. Legally, you're under no obligation to write another one. His loss.

UnderTheGreenwoodTree Thu 12-May-16 12:51:34

YANBU. I think if the schools closed, the bank account is closed and it was 6yrs ago, he's out of luck.

Fyaral Thu 12-May-16 12:55:09

Was it a limited company? You would have no personal liability at all.

OreosAreTasty Thu 12-May-16 12:55:19

Its like paying someone 20 pounds for whatever reason, then them asking for it again cos they lost it. Can you even confirm that you owe this cheque, or even did?

LupoLounger Thu 12-May-16 12:56:38

When you gave him the cheque you discharged all your obligations to him. A promissory note is as good as cash. Legally, you're under no obligation to write another one. His loss.

Hooray! Assuming this is (legally) true, it's a victory for common sense!

Also, another thought. Depending on the value of the cheque, it probably isn't worth the time/effort/money to go after it anyway. I'd be saying 'no' with a pretty clear conscience and no fear of 'looking over my shoulder' for any ramifications.

leelu66 Thu 12-May-16 12:57:45

Too bad, so sad - for him, I'm afraid.

I have a HMRC cheque that's 5 years old. Would they re-issue it? Probably not I'm guessing.

BoomBoomsCousin Thu 12-May-16 13:00:18

I think YABabitU. Maybe, with the 6 year gap not legally (but check this), but you owe him the money. The fact he didn't take it out of your bank account doesn't mean it was yours. You were obliged when you wound your business up to pay off creditors.

AyeAmarok Thu 12-May-16 13:08:39

I think he's a chancer and that YANBU.

SkyRabbit Thu 12-May-16 13:09:01

At the minute, it's only his word that the cheque wasn't cashed. I say you should tell him you'll check for him, but it will cost £x (x hours of your professional time) to go through the accounts to find out. I think he's chancing his arm.

AyeAmarok Thu 12-May-16 13:10:34

Could this be considered to be like when people have a voucher for a shop and then the shop goes into administration and they can't spend it or get their money back? Or actually I think they usually give you a time limitation where they say all vouchers must be spent within 3 months or you lose it.

6 years is ridiculous.

RaeSkywalker Thu 12-May-16 13:11:45


SukeyTakeItOffAgain Thu 12-May-16 13:16:08

YANBU. He failed to pay in the cheque so it's his responsibility. You discharged your responsibility with the cheque you wrote.

Iliveinalighthousewiththeghost Thu 12-May-16 13:20:23

He hadn't settled within 2 days, so they took him out. They didn't give it much of a go, did they, but. That's another story.

Anyone could try that trick. I lost my cheque, and found it again, and even giving him the benefit of the doubt and he did genuinely lose the cheque, and found it 6 years later. That's not your doing.

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