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Cheque 2 years on

(9 Posts)
Redhound Sun 19-Jun-16 12:41:52

In 2014 someone made a claim against my insurance and as they won, I had to send a cheque for the £100 excess. I wasn't happy as I felt it was not my fault, but sent it anyway.
I have just received a letter 2 years on to say that the cheque was never cashed as it was made out to the insurer instead of some obscure trustees. I did not notice at the time that the cheque was not cashed.
The insurer has now been bought out by a different company and they have asked for another £100 cheque. I am not inclined to send one; does anyone know the legal situation? Thanks

Trills Sun 19-Jun-16 15:11:03

I don't know the legal situation but assuming that they did have your contact details at the time (to contact you to say that the cheque was made out to the wrong name) I'd think it's their problem.

Redhound Sun 19-Jun-16 18:32:26

Hi Trills yes they had my contact details all the time. Two years just seems totally unreasonable. It would be interesting to know the legal position. When I have tried to claim against a company that has been bought out by another I have found I have no legal rights against the new company, so you'd think it should be the same the other way round.

stillrocking Sun 19-Jun-16 19:25:21

If you owe them money, they have 6 years to sue you for it. The issue of whether the new company acquired the debt depends on the terms of the acquisition by the new company, but it would be usual for the assets they acquire to include book debts.

stillrocking Sun 19-Jun-16 19:26:16

Sorry - should have added "that's the legal position. The practical position is just how hard are they going to chase you for £100 in reality?"

cozietoesie Sun 19-Jun-16 22:41:13

Insist on the original cheque being returned to you if you decide to pay.

Bails2014 Sun 19-Jun-16 22:45:29

The statute of limitations is six years and a cheque is legally considered a promise to pay, so legally yes, you need to write a new cheque.

caroldecker Sun 19-Jun-16 22:50:45

Agree with Bails, you legally owe it, and they will chase it the same as if it was a brand new debt.

Redhound Mon 20-Jun-16 21:17:13

Thanks for the great advice, I will leave it for now, see if they keep chasing and ask for my original cheque back if they do. Thank you.

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