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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:
blueskyinmarch · 12/05/2016 13:58

I also understood that a cheque was only valid for 6 months. My Dh is always banging on about it if i forget to pay cheques in.

diddl · 12/05/2016 13:59

I thought that cheques were valid for a year.

expatinscotland · 12/05/2016 14:00

YANBU

Cheeky chancer.

LupoLounger · 12/05/2016 14:00

Well a bank will honour a cheque for 6 months (as practice, to protect everyone involved from fraud I suspect), but the debt that the cheque is associated with is valid for 6 years. That's how I read it anyway. It would be great to hear if the fella was cashing a cheque for 5 years + X Months of 6 years and a day.

Also, I think a PP stated they have to initiate proceedings before the 6 year cutoff anyway? That would make sense to me.

Theoretician · 12/05/2016 14:02

I recently discovered that I paid the AA twice for my membership in 2000. I wonder if I'd have any luck getting a refund?

(I paid with a cheque, but three weeks later they also took a direct debit.)

WhereYouLeftIt · 12/05/2016 14:03

"TBH I'm surprised that I didn't notice it wasn't cashed. I was very careful with my accounts."
Maybe you didn't notice because it was cashed?

DustOffYourHighestHopes · 12/05/2016 14:04

I asked my university to reissue a cheque that was 8 years old...which they did, minus admin fees.

BarbarianMum · 12/05/2016 14:05

Was yours a limited business. If it was and it's been wound up, he can't claim the money from you.

gabsdot · 12/05/2016 14:07

I closed my business in June 2014 and I was a sole trader.
As I mentioned in the OP he has found the original cheque and he said he brought it to the bank but they refused to cash it.
I'm wondering now if at the time he realised he had lost the cheque and had me issue a new one. I can't really remember the child so that may have happened. I'd have to go up into the attic and search through my records. My old school laptop is up there too.
I'm almost tempted to investigate further.
I'm glad you all agree that IANBU.

OP posts:
willconcern · 12/05/2016 14:11

No!!! A cheque is only valid for 6 months. He lost by not cashing it.

You did your bit & gave them the cheque. That discharged your obligation. He has failed to cash it, and only renemvered six years later!!!!

Even if he sued you I would expect you to win.

Pinkheart5915 · 12/05/2016 14:15

You are Not being unreasonable.

He didn't cash the cheque 6 years ago and now wants a new one, cheeky sod!

My baby doesn't go to nursery yet but do people only give them 2 days to settle?

Moonlightceleste · 12/05/2016 14:19

Are you sure he didn't cash it then and is now trying it on? That was my first thought when you said you were surprised you didn't notice.

fascicle · 12/05/2016 14:22

Theoretician
I recently discovered that I paid the AA twice for my membership in 2000. I wonder if I'd have any luck getting a refund?

No legal obligation but worth contacting them. Might be tricky accessing old accounts (if they still have them) but nothing to lose by asking. They might consider it for goodwill/company reputation reasons.

Majorlyscared1993 · 12/05/2016 16:09

Op just cancel the cheque

whois · 12/05/2016 16:11

SIX YEARS?

He is having a fucking giraffe.

Marynary · 12/05/2016 16:16

No way should you reissue the cheque. Are you sure you didn't reissue it at the time?

SquirrelledAway · 12/05/2016 16:54

I've just been asked to replace a cheque that was written in 2009 that was never cashed. I received a cheery wee note saying "I've just found this cheque, can I send it back to you with my bank details and you can pay me by bank transfer instead".

I often manage to cash cheques that are a year past their date - I get payments coming through in January with the wrong year on them and they very rarely get rejected.

Tessabelle74 · 15/05/2016 13:45

Legally he has 6 years to cash the cheque so if it's after that tell him to get lost, if it's before that legally you have to pay but I'd ask to see the date on the cheque to make sure it's in date

PestilentialCat · 15/05/2016 13:54

Ask him to send the cheque back to you.

MatildaTheCat · 15/05/2016 14:01

Of course YANBU. Cheeky fecker.

To the poster re the AA, definitely contact them. My friend had a similar thing with the National Trust and had been double paying for ages and she was refunded. Be persistent,the AA are cheeky buggers, too.

GoudyStout · 15/05/2016 14:06

Re: the AA - I always dispute their renewal cost by checking what I'd pay if I was a new customer. The renewal price is invariably about a hundred quid more than the new customer price.

Dieu · 15/05/2016 14:07

YANBU ... and were decent enough to even give a refund at the time!

JonSnowsBeardClippings · 15/05/2016 14:07

This is why cheques are bullshit. Thank goodness for bacs payments.

WriteforFun1 · 15/05/2016 14:07

I wouldn't bother investigating the actual records you have in your attic

what I would do is check your legal position and if it seems like you are supposed to pay him, then that's different

maybe post on the legal board and ask them. I don't think you are being unreasonable at all but ultimately the law is the thing here.

TheFallenMadonna · 15/05/2016 14:09

Re the AA, definitely ring them. We ended up paying twice for European breakdown cover, for two years in fact, and they repaid us no problem. Clearly they have form!

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