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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Cheque not cashed for 6 years

183 replies

EmmalinaC · 08/04/2022 18:04

Just had a call from someone my daughter went to primary school with. Didn't recognise the number as we weren't really friends. (My DD is now in year 11).

She was phoning to say she'd just found an envelope with a cheque in from me dated Feb 2016 for birthday cards (she was a Phoenix Cards trader) that she forgot to cash, and would I mind transferring the money now please...

So AIBU to say not my problem you've had it for SIX YEARS or do I owe her £28 given that I did receive the goods?

FWIW I have a joint account with DH and neither of us do a routine bank rec apart from for high value stuff so I had no idea it was never cashed.

Thoughts please! Smile

OP posts:
ButtockUp · 08/04/2022 18:17

Just to add, if she has stuffed it somewhere and forgotten about it , it's her problem, not yours.

I worked for a bank and I also know from experience.

Tough titties basically.

Else where would it end?

Eg I've just found a cheque from 1962 from great uncle Ernie.
I want the money now.

No can do.

ScruffGin · 08/04/2022 18:18

I'd ask for the cheque to be posted back first

myyellowcar · 08/04/2022 18:19

@PhileasPhilby

I’d think that she must be pretty desperate for cash to be asking for that amount after so long so if I could easily afford it, I’d pay it.

She shouldn’t have asked though.

Yes I’d think the same and I’d pay but I would be deeply unimpressed
GladAllOver · 08/04/2022 18:19

This. You've legally paid.

That's rubbish. The cheque was an offer to pay, but no money changed hands.
You've had the goods so pay the price.

Chloemol · 08/04/2022 18:20

@EmmalinaC

Just had a call from someone my daughter went to primary school with. Didn't recognise the number as we weren't really friends. (My DD is now in year 11).

She was phoning to say she'd just found an envelope with a cheque in from me dated Feb 2016 for birthday cards (she was a Phoenix Cards trader) that she forgot to cash, and would I mind transferring the money now please...

So AIBU to say not my problem you've had it for SIX YEARS or do I owe her £28 given that I did receive the goods?

FWIW I have a joint account with DH and neither of us do a routine bank rec apart from for high value stuff so I had no idea it was never cashed.

Thoughts please! Smile

Actually cheques are valid in law for ever as there is no expired date on them. So yes you owe her( as the Banks have an interbank agreement about not accepting them if older than 6 months)

Why wouldn’t you pay it?

Sortilege · 08/04/2022 18:21

I’d think she was weird as anything but ii would cough up. £28 for goods you did actually receive isn’t worth the bad feeling, assuming you’re not completely skint.

NoSquirrels · 08/04/2022 18:21

@GladAllOver

This. You've legally paid.

That's rubbish. The cheque was an offer to pay, but no money changed hands.
You've had the goods so pay the price.

It’s not rubbish, though.

The cheque IS the payment. It’s a promise to pay the bearer £X when cashed within 6 months. The seller has to cash it in time. That’s their responsibility.

Persephonegoddess · 08/04/2022 18:23

I would say she is desperate and I would pay her if it did not impact me.
It is an odd request but she must need the money

Alwayswonderedwhy · 08/04/2022 18:23

She must be really very desperate for money to ask after all this time and for such a small amount. I'd probably pay for that reason.

GladAllOver · 08/04/2022 18:23

The cheque is NOT payment until it has been cashed.

florianfortescue · 08/04/2022 18:25

I don't know why people think she must be desperate for the money, it's far more likely she just came across the cheque and is chancing her arm.

I would pay it but I would ask for the cheque to be returned first. See if she can be bothered to clear that admin hurdle.

Momijin · 08/04/2022 18:26

You had the goods, of course you should pay her! She probably had a lot on her plate and with kids things are easily mislaid.

Why are people so judgy on here?

IncompleteSenten · 08/04/2022 18:27

I'd pay. It's only 28 quid. She must need it to be asking. You got the items.

Tell her to post you back the cheque and you'll transfer the cash

SamphirethePogoingStickerist · 08/04/2022 18:27

And, technically, there is no time limit, they remain 'cash' forever, unless they have something contrary printed on them. It's just banks tend not to honour them after 6 months.

But she accepted the cheque as payment. She should have cashed it back then.

Horst · 08/04/2022 18:27

I mean legally it’s statue barred right.

But if you want to and can we’ll afford to pay her now then why not.

NoSquirrels · 08/04/2022 18:28

Apologies @GladAllOver - you’re right! Who knew? (Well, you did, and not me… Grin)

If you have a cheque that you want to pay in that is more than six months old, your best course of action is to not pay it in and instead obtain a replacement from the person who gave it to you. Where there is a dispute, a cheque remains legally valid in order to provide proof of the existence of a debt for a period of six years, which is the Statute of Limitations.

So OP if you agree you ordered the stuff and got the goods (“admit the debt”) and it’s under 6 years you have to pay. Over 6 years you don’t but you probably should, I guess.

Off to search my drawers for cheques…

SierpinskiSquare · 08/04/2022 18:30

I'd pay. I would write off a check that was that old but seeing she is asking I'd give her the money.

AdaColeman · 08/04/2022 18:31

You did pay her, but her own poor accounting meant she didn't get the money.
That's her own fault, not yours. I wouldn't be correcting her error after six years.

RumJerrySailorRum · 08/04/2022 18:31

Can she prove you've had the goods?

She's a chancer and I'd just ignore her.

Ducksurprise · 08/04/2022 18:33

When did remote cheque banking come in? I have the actual cheques although they have been cashed.
Is she charging you 2016 prices

DreamingOfTowels · 08/04/2022 18:34

Devil’s advocate but what if she cashed it using her banking app? They obviously don’t take the cheque you just take photos of it

Original poster
EmmalinaC · 08/04/2022 18:34

@NoSquirrels

Apologies *@GladAllOver* - you’re right! Who knew? (Well, you did, and not me… Grin)

If you have a cheque that you want to pay in that is more than six months old, your best course of action is to not pay it in and instead obtain a replacement from the person who gave it to you. Where there is a dispute, a cheque remains legally valid in order to provide proof of the existence of a debt for a period of six years, which is the Statute of Limitations.

So OP if you agree you ordered the stuff and got the goods (“admit the debt”) and it’s under 6 years you have to pay. Over 6 years you don’t but you probably should, I guess.

Off to search my drawers for cheques…

Interesting! I had no idea this was the case and thought cheques expired after 6 months. So actually the 'debt' expired about six weeks ago but until that time she had every legal right to pursue it, despite it being her fault.

I like the suggestion to ask for original cheque back (she lives round the corner so she can easily drop it through my letterbox). And then I'll pay.

(Still think it's weird to ask though. Am going to assume she needs it)

OP posts:
loudbatperson · 08/04/2022 18:35

Do you have statements for that period? I would check if she has been paid or not.

I am not sure when remote cheque payments started, however it could have been cashed even if she still has the physical paper.

Georgeskitchen · 08/04/2022 18:36

How did she not notice at the time? She obviously wasn't very good with her accounting!! I would tell her she's being CF and to get lost

Original poster
EmmalinaC · 08/04/2022 18:37

@DreamingOfTowels

Devil’s advocate but what if she cashed it using her banking app? They obviously don’t take the cheque you just take photos of it
Oooh that would be sneaky! I don't know her well but I'm pretty sure it's not a scam!
OP posts: