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Original poster

DH forgot to deposit a cheque - can't get it reissued, am beyond furious

42 replies

SirChenjin · 15/06/2015 14:47

I can't even be arsed to namechange - am so angry, depressed, gutted, empty...

A cheque for almost £1K for PPI that he 'forgot' to deposit. It's a standing 'joke' in the family that you don't send him cheques because he just forgets he has them - but all he had to do was to say "Chen, on your day off could you stick this in the bank". Instead, he files it away, 6 months pass, he contacts the company again to see if they can reissue, but under the T&Cs they can't.

So now one thousand pounds (which could have made a massive difference to us) is now lost. I can't believe he could be so fucking stupid (he's a bloody accountant...) - actually, I can. He is so fucking irresponsible, nothing is ever his fault (it's always someone else's) and I don't know how I am ever going to forgive him for this.

OP posts:

AndNowItsSeven · 15/06/2015 14:48

Has he actually tried to bank it, it may well be fine.

nottheOP · 15/06/2015 14:52

That's worth a shot. It depends how much notice is taken by the person processing and how much they cba.

I'd be livid too. Dh is the same with admin stuff.

summersnowshowers · 15/06/2015 14:52

I agree with pp- bank it (the bank probably wont notice)

If that doesnt work you need to start the ppi proceedings off again (theres no reason why you shouldn't be able to)

Original poster

SirChenjin · 15/06/2015 14:57

That's a good idea to try and rebank - never thought of that. I've just had a text from him telling me not to worry, that they can't refuse to issue cheques that he 'didn't receive'. Failing that he'll start again with the PPI claim (there's another one going through at the moment and he'll just add it onto that).

It's just the complete lack of organisation that drives me absolutely nuts. 20 years into our marriage and I feel like I'm married to a teenager at times even though he's 52. This is far from the first time we've had to get cheques reissued, but this is by far the largest amount. One fucking grand

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Floggingmolly · 15/06/2015 14:57

If it's only just 6 months you have a really good chance of the bank processing it without any hassle. How could you start proceedings again, summers? They'd surely be under no obligation to pay out again?

Original poster

SirChenjin · 15/06/2015 14:59

Molly - I think he's hoping to take the "I've just realised I didn't ever receive the cheque, was it issued" approach as it was never cashed.

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QuiteLikely5 · 15/06/2015 15:00

I thought it was 12 months to cash a cheque. Call your bank and ask.

UrsulaBuffay · 15/06/2015 15:01

I'm sure the company who issued it will check it hasn't been banked and reissue it that's what we do here (similar business)

AttilaTheMeerkat · 15/06/2015 15:01

The cheque will likely be rejected by the bank cashier if paid in, it will likely be returned to you in some form.

Being this irresponsible smacks of him though having a complete lack of respect for you and your own family unit. How can he be so forgetful about a £1000 cheque?.

AttilaTheMeerkat · 15/06/2015 15:05

I cannot imagine he would be at all forgiving if you had made such an error.

The standing joke re him amongst the family is not funny at all; he has cost his own family money here. His laziness and selfishness are the root causes of him not baking the cheque far earlier. What are going to be the consequences from you for his actions?. You do not want to keep on enabling him and shielding him from the consequences of his actions.

PeterParkerSays · 15/06/2015 15:10

Surely he can't claim that he never received it as he's already phoned the company to ask if they can re-issue it. That kind of gives away that he's had sight of the cheque.

Original poster

SirChenjin · 15/06/2015 15:12

The company have just written to say that under their T&Cs they will not reissue - which seems odd, given that it's not been cashed.

No, the joke is not funny at all - which is why I put it in quotes. I have no idea what the consequences are going to be, I really don't. I don't enable or shield, believe me - although I am happy to put a cheque in the bank as I have more free time and access to the bank than he does. Short of divorce and breaking up a family, I am really not sure what to do.

OP posts:

Topseyt · 15/06/2015 15:16

You could try to bank it now, but you may find that the issuer has cancelled the cheque if your DH has already asked for it to be re-issued.

They will presumably have checked that it was never presented, and I would have thought that cancellation would then be a logical next step.

It is 6 months now on cheques? I think it has been a year before, though could be wrong.

Must say though that this type of thing is one of the many reasons I don't like cheques anymore, and only deal with them when I absolutely have to. I like people to pay me directly into my account if at all possible. I like to pay my own one-off bills that way too.

Some organisations will pay directly if you ask them. It clears immediately that way too, so no farting about paying a cheque in and then waiting for it to clear. It still isn't always possible though.

NRomanoff · 15/06/2015 15:17

You shouldn't have to, but why didn't you bank it?

My Dh is rubbish with getting the bank. It always ends up at the bottom of the pile of jobs he needs to do. But since he is generally great, it doesn't bother me.

There is stuff i always forget too.

MeeWhoo · 15/06/2015 15:18

i'd say he can't spend a penny on himself until the cash is in the bank, so homemade (i.e. made by him) spam sandwiches for your DH from now on, until he sorts it out.

Original poster

SirChenjin · 15/06/2015 15:19

It seems to be six months on this cheque

I think another PPI claim might be the way forward - he's using some company for the other claim as opposed to doing it himself, they may know if there is some way round this refusal to reissue.

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Topseyt · 15/06/2015 15:24

I would press them on the refusal to reissue. It can't be an unusual request.

Have they pointed out to you where in the T & C it says that they cannot reissue? What would they do if it had gone astray in the post? Still refuse to reissue? Stuff does sometimes go astray in the post. I had an incident of it happen at work this morning where it was brought to my attention that a letter sent out a few weeks ago never arrived. No cheques were involved, but stuff like that does happen.

If your claim was valid 6 months ago then surely it is valid now.

Give them a hard time on the phone. That is my usual approach to these things. Sometimes it works. Worth a try.

AdventureBe · 15/06/2015 15:30

I agree just bank it. Do it in the autodeposit thingy and no-one will notice.

Although if it isn't paid, the company must re-issue. A cheque doesn't go out of date and issuing one is acknowledgement that you owe the money. Some banks don't pay cheques after 6m to try and reduce fraud, but there's no legal reason why they shouldn't.

Sallyingforth · 15/06/2015 15:38

I don't see what the ppi company's T&C's have to do with it.
If this is a payment that they are legally required to pay you, then they still have to pay it. The worst they can do is make a reasonable administrative charge for issuing a new cheque.

MrsRossPoldark · 15/06/2015 15:40

I'd pursue the re-issue. Personally I'd give him a boll**ng anyway - mine is due to get one.

Having scrimped and saved for a few years [I haven't had a haircut in all this time, not spending on unneccessaries, no family holidays etc] to get ourselves back to credit [DH having been oow for 2 years]; he now has a great job and since October, has accrued about £15K in unclaimed expenses, so he told me this weekend! I am assuming that if he doesn't claim pdq we will lose the lot? His latest excuse [oh, there were many] is that he can't work out the IT system that they use. I should add at this point that he is in fact, an IT Consultant

Original poster

SirChenjin · 15/06/2015 15:51

I agree - it seems odd that they agreed we were due the money, then because the cheque wasn't cashed in time then they can't issue the funds.

Wording on letter is -

I am afraid we are not able to issue you with a new cheque. This is because our records show six months have passed since the date we issued the cheque. In accordance with the terms of the scheme, your scheme claim has expired and no compensation is due under the scheme.

If you want to raise any concerns regarding this, please contact etc.

The practical stuff is one thing - it's the fact that he didn't prioritise this money for the family by making damn sure that he banked it (or at least asked me to, if he was struggling for time) that I'm finding difficult to get my head round. It's not as if we're in a position where £1K is small change - far from it.

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Original poster

SirChenjin · 15/06/2015 15:52

£15K in expenses???? Yes, tell him to do that pdq - we have a cut off point in our organisation

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Twinklestein · 15/06/2015 15:57

Cheques don't need to be deposited at the bank, he can send by post. If he can get the address and a stamp, presumably you could put it in the post box if he finds that bit difficult?

IDontDoIroning · 15/06/2015 16:03

I'm not a solictor or legal person disclaimer .... But I belive that the payment of the cheque is a separate legal contract to the liability that the cheque covers.

By issuing you with the cheque they are admitting that you are owed the refund all you have done is not presented it for payment I doubt that by not presenting it you are now saying sorry I'm wrong I was never owed this money?
These terms and conditions may be covered by the unfair contracts terms act and may not be enforceable. It seems very unfair to me as the 6 month limit is implied to prevent people not entitled to the cheque cashing it rather that stopping the rightful recipient from obtaining what is legally theirs.

Why not a) try presenting the cheque anyway you may find the bank will honour it and b) getting some advice either on the legal board here or money saving expert, "which"if you're a member or trading standards.

Original poster

SirChenjin · 15/06/2015 16:13

Twinkle - yes, they can be sent in. Having worked in a bank aeons ago and knowing how easy they are lost in the system, and having personal experience of a large cheque going missing when we sent one in to our High St bank, I prefer to hand the thing in over the counter.

Ironing - good advice, thanks. Will try and be civil to him chat tonight to see what the options are. It does seem very odd T&Cs.

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