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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:
MarvelMrs · 08/04/2022 18:37

I would ask for the cheque to be returned before I transferred any cash.

DeltaFlyer · 08/04/2022 18:38

Same as pp I have cheques that I paid into my account using my banking app. I received the funds but still have possession of the actual cheque.
Not sure if this was doable 6 years ago however.
I would look back through your statements before giving any cash over to her to see if she's already received it

MarvelMrs · 08/04/2022 18:39

That’s true. She could still have cashed the cheque with a photo. I would be checking with the bank that it wasn’t cashed and getting it cancelled before I transferred anything.

godmum56 · 08/04/2022 18:39

I'd pay it. I had the goods so I owe the money.....but yes I'd want the cheque back.

Coyoacan · 08/04/2022 18:39

You think you are morally bound to pay. If she sent you a photo of the cheque, I think that should be enough, but whatever.

RedHelenB · 08/04/2022 18:40

@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.

This. I'd pay it though if I wasn't hard up .
LadyGardenersQuestionTime · 08/04/2022 18:40

I would (if you are counting) but what a weird thing to do!

SamphirethePogoingStickerist · 08/04/2022 18:41

The first banking app was 10 years ago. I wouldn't assume she hasn't already had the money.

Chely · 08/04/2022 18:41

Nah, she should have been better at bookkeeping and banked the cheque.

AdaColeman · 08/04/2022 18:41

Just as an aside, I wonder how she balanced her books with Phoenix Cards at the time, Did she write the amount off as damaged or lost stock perhaps. I think she's got a bit of a cheek to ask for it after all this time.

TurnOffTheHeating · 08/04/2022 18:42

@wildseas

If you are well off enough that you can afford this comfortably then I would do the bank transfer. I think that she must probably really need it to be trying to reclaim a 6 year old cheque for that value.

If it would be a struggle for you then I would politely decline - you certainly have no legal or moral duty to cover this after 6 years!

This. I reckon I'd pay if I could do so fairly easily.
LittleOwl153 · 08/04/2022 18:43

Yeah I would double check with you bank first that it hasn't been cashed (I cash cheques using photos on my phone and have been doing for 4/5?yrs and I think businesses could do it remotely before that...so you still have the actualy paper cheque) and ask for it back so she can't then cash it afterwards.

PegasusReturns · 08/04/2022 18:44

She should have been organised but I’d imagine she’s pretty desperate for the money if she’s following up now so I’d pay up.

yossell · 08/04/2022 18:45

Why are people saying she's been paid? She hasn't. No money has left the ops account. She has the goods. Moreover, legally, cheques don't expire after six months - it's just that banks won't accept them.

Morally, there's no question that you owe her the money. I understand it must be so difficult for you to go to all the effort and hassle of writing a new one.

Practically, it would probably be hard for her to force you to write a new one...but I know who the CF would be in that situation and it wouldn't be your friend...

Notsureaboutusername · 08/04/2022 18:45

A cheque is only valid for 6 months if I remember correctly as it is so long since I wrote one. Also is she was self employed/ this was declared income it should have already been dealt with within 23 months of the transaction. HMRC only ask you to keep your back up documents for 7 years.

Gelasia · 08/04/2022 18:46

Morally, there's no question that you owe her the money.

There really is. She was given a means of payment and ignored it. It's on her.

Silverclocks · 08/04/2022 18:48

Legally cheques don't go out of date. Banks don't pay them to protect against fraud but it's still a valid "financial instrument" and represents a due debt.

Morally you owe her the money too, although the statute of limitations might mean she's unable to pursue you if 6 years has passed since the last contact in respect of the debt.

PrelateChuckles · 08/04/2022 18:50

@Nothappyatwork

I was thinking Christ on a bike has it been six years since the cancel the check thread 🤣
Ha, me too! Scrolled down and down to look for CANCEL THE CHEQUE posts!
Lovemusic33 · 08/04/2022 18:52

If she’s not a friend then I would just ignore. It’s her fault for not cashing it in when you have it to her.

Nocutenamesleft · 08/04/2022 18:54

No way would I pay her

People saying you had the goods. You should pay. But you DID PAY!!! She chose not to cash it at the time. This is on her!!!!!

Nope nope nope.

Sebastianthecoo · 08/04/2022 18:57

CANCEL THE CHEQUE!!!

FOJN · 08/04/2022 18:58

You provided payment so I do not agree with the arguement you have a moral obligation to pay her, you've already done so. Her poor admin is not your problem.

I'm wondering how she balanced her books without a payment to match a sale? I would check your bank statement to make sure she hasn't somehow received payment.

Whether you trouble yourself to repeat the payment is up to you.

IncompleteSenten · 08/04/2022 19:00

Why would anyone not pay though?
Who really wants to be the type of person who sneers "You should have cashed the cheque, sucks to be you! 🖕"

Unless you're really struggling and £28 is unaffordable, why wouldn't you just give her the money?

Fleur405 · 08/04/2022 19:05

From a legal perspective, assuming you are in England, she could claim payment from you for 6 years. If it’s been more than 6 years then the limitation act applies. Not that she’s likely to sue you for £28. However if you received the goods and didn’t pay then I think you probably should pay (if you are satisfied that you haven’t already paid)

bluebaul · 08/04/2022 19:05

Don't die the presence of the cheque to mean it hasn't been cashed. Check sorry your own bank to ensure the transaction hasn't taken place. I have been unloading cheques to my mobile banking for a few years now, so even when the money is clear to me I still have the original cheque in my possession.