Expired cheques

[FlusteredDuster]

Hi,

Before I took my current (employed) job I was self employed running my own business. I did some work for a local small business and was paid monthly by cheque (amount changed each month).

At the time I was not in a good place and due to MH issues my finances slipped and I didn't cash some of the cheques. They have gone past the 6 months that the bank are willing to cash them and the business say they can;t reissue them. The cheques are about 2 years old.

As I understand it the debt still stands even if the cheque is over 6 months I just can't cash it. It is a significant amount of money to me and I just don;t know what to do. I know it's my fault I didn;t cash them but I am trying so hard to sort things out and feel like this is another blow.

Can anyone advice me on the next best step?

I would write to the business who as you say still owes the money and ask that they pay their unpaid invoice. Return the cheques stating they are out of date and as it is still within 6 years you would be entitled to issue proceedings for payment if they refuse to pay now.

Of course the business can reissue the cheques. They just don't want to. Point out to them that they still owe you this money, give them a deadline for paying you and tell them you will take legal action if they fail to pay you by the deadline. If they fail to pay you will then be able to take action against them in the small claims court, assuming the total debt is no more than £10,000.

DO NOT return the cheques. They may be useful as proof of the existence of the debt if this ends up in court.

As far as I'm aware (I'm not an expert), if you issued an invoice then they're legally bound to pay that. So not wanting to reissue the cheque isn't really going to cut it...

Thank you for your replies, I've worked myself up into such a state about it all.
I have been googling like mad about it. I have only spoken to them so far, not put anything in writing but not sure exactly how to word it. I feel so stupid but I can't just let that much money go without doing something, it's nearly £1000....

Write to them saying that they have not paid your invoice dated x, and that unless they pay this within 30 days you will start proceedings in the small claims court. Enclose a copy of the invoice.

The debt is enforceable for six years assuming it's based on a contract (you can google limitation periods if you want to be able to quote the relevant statute) so they have to pay you!

Small claims court procedure is really straightforward and you won't need a lawyer for it.

Thank you, I will email them tomorrow. I have just got myself worked up today trying to sort various tax things and can't believe how bad I let things get at the time.
It has put me into a bit of a low, I think I just need to work through each problem at a time, the were just quite harsh and it has floored me a bit.

flustered I work as a mental health advocate and this exactly the sort of thing we support people with. Try looking up advocacy in your local area. You could also try your local CAB or law centre.

Thank you, Jaxxyj, I will do that. I just feel so embarrassed about it all. Now that I am employed (partly because I couldn't cope with the admin of being self employed!)
There are so many things I messed up and really should sort out, but I keep putting them off (like these cheques) but also can't let go of the guilt at having not done it (or worrying about the money I have lost)

We call it the carrier bag of guilt! (Clients often come in with a carrier bag full of correspondence they don't know how to sortI) f you can find an appointment with someone like an advocate or an advice worker, they will be able to hell you sort and prioritise what needs to be done and believe me you will feel better have just taken the first step!