Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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:
franmacilvey · 15/05/2016 14:10

If he wants you to reissue a cheque that is six years old, you are not being unreasonable to refuse.

Has he returned the cheque to you? If not, he should.

I don't think anyone can reasonably expect cheques to be reissued after the lapse of six years.

MILLYmo0se · 15/05/2016 14:16

I assume you are not in the UK OP as you mention € rather than £? Id be inclined to tell him get lost,but maube check your legal position but I dont imagine theres any obligation ad the company no longer exists. If for any reason you did decide to refund do check your records first to make sure it was nt cashed etc

Tiopyn · 15/05/2016 14:30

As others have said it may be best to check your legal position - it may be that you have an obligation to fulfill the cheque.
However if that is the case then definitely go through your accounts with a fine tooth comb to make sure he didn't lose it, cash a new one and then "find" the old one.

WhereYouLeftIt · 15/05/2016 14:30

Him returning the cheque to the OP would be meaningless. It would still be possible that he told her 5 years 11 months ago that he had lost the cheque, and she re-issued it to him then. In fact, this seems most likely to me, since the OP posted "TBH I'm surprised that I didn't notice it wasn't cashed. I was very careful with my accounts."

AugustaFinkNottle · 15/05/2016 14:36

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.

Nonsense. She paid him by giving him the cheque. It would be ridiculous so say that everyone winding up a business has to spend hours going through every cheque stub to ensure every one had been cashed, and to spend more time tracking down the current addresses of anyone who has not cashed their cheques.

Plus, OP doesn't even know if he's telling the truth - she would have to trawl through ancient records to double check, and he doesn't seem to be proposing to pay her for her time in doing that. Even if he has an unpaid cheque in his possession, there is nothing to say that it wasn't replaced at the time, e.g. if he said he'd lost it.

ClashCityRocker · 15/05/2016 14:59

technically if the debt is less than six years old and provided it was contractual rather than a goodwill gesture, as op was a sole trader she is still liable, I believe - under uk law anyway. Happy to be corrected if I'm wrong.

However I don't think YABU op. I think he's a chancer.

ClashCityRocker · 15/05/2016 15:01

Actually, no, scrap that, I'd have thought the issue of the chequered would satisfy any legal obligations. Would be interested if anyone knows for sure.

Cagliostro · 15/05/2016 15:02

Is it too late to cancel it, though?

:o :o :o

YANBU OP.

BerylStreep · 15/05/2016 15:40

When exactly was the cheque written? Over or under 6 years?

Pipbin · 15/05/2016 15:43

Tell him you will give him the full amount in Woolworths vouchers.

Debbiedoradooo · 15/05/2016 16:06

Cheque are only valid for a short period of time, you made the transaction. He failed to follow it through so you are not responsible

Debbiedoradooo · 15/05/2016 16:13

Also here if your child doesn't settle in nursery they don't tend to issue refunds. The OP has been reasonable with issuing the refund in the first place

goodomens830 · 15/05/2016 16:18

They may have forgotten to cash it, but at the end of the day. You still have THEIR money. I think you should return it. It's pretty mean not too.

sykadelic · 15/05/2016 16:26

goodomens830 how do you know she still has his money? The fact he says he has a check? How do you know she didn't reissue the check years ago because he said he lost it (and she was reconciling her books) and now he's found it he's trying to get more. The OP herself said she kept excellent books and was surprised she didn't notice.. which leads me to believe she DID notice and reissued the check or attempted to contact them at the very least.

The OP doesn't know for sure and she'd have to go through her books to find out whether she "voided" the check she originally gave and then reissued a new one. Depending on how she kept her books (probably on paper) then she would literally have to go through EVERY check to ensure she didn't reissue the check at some point during the last 6 years (unless she wrote the new check # on the stub for the old one so she could track back).

If he decides to pursue it, it might be worth the OP's time to actually go through her books, but say she found she reissued the check... she'd then need to get her bank statements from that many years ago and find out when he cashed THAT check as proof he has already been paid back. Then of course she'd also need to confirm she didn't pay him (or the kids mother) in cash instead.

Six years is simply ridiculous.

bakingdiva · 15/05/2016 16:34

It isn't true that cheques are only valid for a short period of time....this used to be the case, but the law changed and now they are valid for much longer. But still does not mean you should pay as the bank account no longer exists so not your problem any more

starfishmummy · 15/05/2016 16:52

If there was £180 more in your bank account due to this not being cashed, then surely your books would not have balanced?

StopShoutingAtYourBrother · 15/05/2016 16:53

Op doesn't owe him any money.

A business owed him money and settled in full. This business is no longer a going concern. 6 years have passed.

No monies are now owed.

dollylucy · 15/05/2016 17:13

How can a chq be valid if the bank refuses to cash it/pay it in?
It's 6 months to pay it in.
I had one returned to me recently

ClashCityRocker · 15/05/2016 17:22

Not technically true stopshouting. The business is not a separate legal person, the fact that it ceased would not make op any less liable (if she was, and I don't think she is) unless she was operating as a limited company, which is a separate legal entity.

In the uk, after six years the debt would be statute barred, but op is not in the uk, I believe. I'm not sure if the fact that she issued the chequered means that she has satisfied her obligations in any case, and it's just his tough luck he lost it/the bank won't accept it. I would be interested if anyone does know this.

iMogster · 15/05/2016 17:24

YANBU.
It's been too long and the company closed 2 years ago! It might take hours to go through all the stuff in your attic. It's an ask too far IMO.

OvariesBeforeBrovaries · 15/05/2016 17:27

I work in a building society. We only accept cheques under 6 months old.

YANBU OP, by the way.

minatiae · 15/05/2016 17:37

I think you should check your records and if he did not get a new cheque in the past, that you should give him one now.

Yes, it's been years, but if you owe him the money you owe him the money. If someone bought something from you and you lost the cheque, wouldn't you expect them to give you a new one instead of having the thing for free?

BlueThursday · 15/05/2016 17:38

Apologies, haven't RTFT. If your account was solely for the preschool then is it possible the account for it is closed and he can't cash the cheque anyway?

ClashCityRocker · 15/05/2016 17:43

iMogster OP was a sole trader. No company. When it ended is a moot point as it remains a personal liabiltiy of OP as the business was not run through a limited company.

Although I think it's unlikely that it is still a liability at all, we can't be sure and the bloke may have legal recourse depending on whatever the laws are in whatever country op is in.

Lorraine46 · 15/05/2016 18:03

Not being funny, but he can't need the money that much if he didn't cash it straightaway!!! I certainly would have!!