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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU- lost cheque from 6 years ago

133 replies

gabsdot · 12/05/2016 12:33

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.
AIBU.

OP posts:
MyKingdomForBrie · 12/05/2016 13:22

boom op gave him the money!! Of course she's not unreasonable, how can she pay him now anyway, the business is long gone. He was careless, hiss loss.

HazelBite · 12/05/2016 13:23

Someone gave me a cheque as a wedding present and I completely mislaid it and only discovered it when we were moving house some 16 years later. I would have been far too embarrassed to ask for it to be reissued even 16 weeks after the wedding.
I take the view if you are careless enough to mislay the cheque it is something that should be dealt with as soon as you miss it so that the original can be stopped and a fresh one written.
(another case where the cheque should be stopped Blush

acasualobserver · 12/05/2016 13:25

Well, he's a patient chap so ask him if he'd be good enough to wait a bit longer. Tell him you'll send his cheque in about six years.

ceebie · 12/05/2016 13:26

YANBU

Lweji · 12/05/2016 13:26

If you had given him cash and he lost it, you wouldn't have to refund him.

Is it too late to cancel it, though? Wink

aginghippy · 12/05/2016 13:26

YANBU he is chancing his arm.

HereIAm20 · 12/05/2016 13:27

If it is over 6 years old he cannot cash it and although legally the "debt" to him would remain due he is outside the statute of limitations to take legal recourse to pursue it. His bad luck! (PS. I used to be a litigation solicitor in life before kids). If it is under 6 years old then although the bank won't take it he still has the right to pursue the debt through legal channels but has to do so before the 6th anniversary.

AdoraBell · 12/05/2016 13:28

YANBU, but for own benefit I would suggest you double check, if you can now, exactly how old the cheque is, unless it was a limited company. Just so that if he pushes the subject you are properly informed.

LagunaBubbles · 12/05/2016 13:29

You were obliged when you wound your business up to pay off creditors

Which she did by issuing the cheque. Not her fault if they lost it.

Squiffie · 12/05/2016 13:29

Absolutely not unreasonable, tough luck! He should have banked it straight away.

Janecc · 12/05/2016 13:31

hereiam fab new. I'm so glad this man sounds like an idiot.

lweji I think op should just cancel the cheque.

LupoLounger · 12/05/2016 13:33

If it was a limited company he cant demand payment off you anyway, bluntly. One of the great things about using them as a vehicle to do business, as my Granddad used to say, "They cant take your house".

(IRL, winding down a ltd company is a bit more involved, practically and emotionally, than that and sometimes you just want to pay off alleged debtors you could rightfully 'shirk', for want of a better term, to get them 'off your back' so you can move on with your life. Doesn't strike me as one of those cases)

BoomBoomsCousin · 12/05/2016 13:35

MyKingdom she didn't give him the money. She gave him a cheque. Then closed down the account that he would have been able to draw on - taking his money out of it for herself.

donotreadtheDailyHeil · 12/05/2016 13:36

He should have cashed the cheque. Those saying you are being unreasonable are being very unreasonable themselves!

Ignore his request.

And yes the limitation period for claims is 6 years (5 if you are in Scotland).

MrsLupo · 12/05/2016 13:36

If they removed the child without notice after a couple of days, you were more than reasonable to give them a refund for the entire remaining time, imo. To then not cash the cheque and expect it to be reissued six years later is ridiculous. He may not realise the business has been wound up meantime, and perhaps once he does he'll give up and go away. Honestly, the cheek of it - wouldn't most people chalk it up to experience instead of contacting you at all? Or am I just a financially inept wimp?

And yes, cancel the cheque, lol.

BoomBoomsCousin · 12/05/2016 13:36

At least, I assume from the OP's posts she took all the profits from the business. If there were other owners, then they are also responsible.

PurpleRainDiamondsandPearls · 12/05/2016 13:38

Cheeky bugger! You're not BU, he is.

MrsArthurShappey · 12/05/2016 13:39

boom but cheques are only valid for 6 months aren't they? So if she closed the bank account 4 months are giving him the cheque then you have a point, but 4 years?

Stormtreader · 12/05/2016 13:39

Do you know for a fact it wasnt cashed 6 years ago?

Janecc · 12/05/2016 13:42

Cheque I believe are actually legally valid for the duration of the bank account being live. However, it is general practice for banks to accept cheques of 6 months or less.

LupoLounger · 12/05/2016 13:44

I think cheques are valid for 6 years, actually. I was bored and did some research No idea if a company that has been wound up for X years is obliged to pay its debtors though. Guess that depends on X.

OP - you may have said, but please can you remind us how long ago the company wound up, if you're cool with that?

LupoLounger · 12/05/2016 13:46

Thread on the nuances of it here. Stales data but I doubt tons has changed:

forums.moneysavingexpert.com/showthread.php?t=1443003

bakeoffcake · 12/05/2016 13:48

Lupo, I've always thought a cheque was valid for 6 months not years.

I've never heard the 6 year thing.

Glad you told him no OP. Just keep repeating the business is closed down and there is no money.

Vickster99 · 12/05/2016 13:57

YANBU
If they truly needed the money they would have realised when they lost the cheque and asked for a replacement at the time.
I most certainly would notice if I lost a cheque for that amount.

TheHatOfDoom · 12/05/2016 13:57

Cheques are valid for six months. I had one refused a while ago because I'd had it for six months and two days (it was given to my parents for me whilst I was away at uni and by the time I had a chance to do anything about it, it was too late)