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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:
DefinitelyNotAJourno · 16/05/2016 17:20

How do you, or the alleged creditor, know that the debt wasn't settled by other means, such as cash?

It's not inconceivable that you sent him the cheque, he complained it never arrived, and you settled cash. Plausible, in the event he pursues :)

Pambilaga1608 · 16/05/2016 17:21

When I used or received cheques, I was always told that they had a 6 month life. After that they were not valid and therefore were not viable. My guess is he forgot about it, put it somewhere and recently came across it. He's somehow got your number and is trying his luck. Tell him it's not possible. You have no loyalty to him. Actually it was jolly decent of you to refund him in the first place as you had no legal obligation to him. I paid for 3 months at an expensive nursery years ago. My daughter hated it and lasted two weeks. I didn't get a penny back and didn't really expect it as it wasn't their fault that I changed nursery.

Rachieb1 · 16/05/2016 18:53

Legally you still owe him money, however you can deduct a FAIR admin charge, but he has 6 years to chase for that money.
For those saying it's the same as giving cash, a cheque is a promise of payment, not payment until it's cashed. Ergo the money is owed, if he took you to court you'd likely get stung on costs too!

Rachieb1 · 16/05/2016 18:57

Just realised it was 6 years ago, he has no claim after 6 year.
Thought you said 6 months ago it was issued, must read things properly 😁

happybee1 · 16/05/2016 19:11

This happened to me. I found a cheque for over £600. It was the deposit that was returned to me after leaving a rental property. It was over 2 years old, I believe. The reason it wasn't cashed was my DH was very ill and in and out of hospital, he had dealt with the rental. I called the agent and they very kindly reissued it. We did Really need the money with 4 young DC's but circumstances had taken over.
There may be reasons for the cheque being lost/ forgotten. I don't really understand how the books could have balanced if this cheque hadn't been cashed. I do think he has a cheek but if you genuinely owe him money, then I think the right thing to do is pay him.

Jessikita · 16/05/2016 20:20

You normally have to be a month's notice and it sounds you waived that and gave him a refund?

BenjaminBunnysMummy · 17/05/2016 07:07

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Member393279 · 17/05/2016 09:57

Someonrw wrote
"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."

I love the above suggestion. Very reasonable! The only way he could force you te pay would be to take you to court. But, as others have said, after 6 years ( and that is exactly 6 years, not 6 years and a day!) that avenue "dies" . Anyone who wants to read up about the small claims court action ( maybe to use it themselves for money owed) will find the 2 websites below helpful.

www.citizensadvice.org.uk/law-and-rights /legal-system/taking-legal-action/small-claims/

www.gov.uk/make-court-claim-for-money/overview

Hope it's OK to do long posts. Brevity was never my strong point ☺

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