Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Cheque not cashed after 6 months

Options
  • 21-10-2007 8:00pm
    #1
    brian_rbk
    Registered Users Posts: 303 ✭✭


    I bought some furniture a while ago and paid by cheque. Its coming up to six months now since i wrote the cheque and it hasn't been cashed yet!

    What is the legal situation if it goes past the 6 months? The cheque can't be cashed obviously but can he come back to me and ask me to write another one ?


Comments

  • Options
    #2
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    The normal course of action is to contact the drawer (you) and request that they amend or re-issue the cheque. I think (double check this) that if the drawer refuses the payee can then use the cheque as evidence to initiate court proceedings.


  • Options
    #3
    the_syco
    Registered Users Posts: 37,297 ✭✭✭✭the_syco


    leeroybrown wrote: »
    that if the drawer refuses the payee can then use the cheque as evidence to initiate court proceedings.
    Yeah. If you pay for something, and the cheque bounces (for whatever reason), they can bring you to court.


  • Options
    #4
    Pythia
    Registered Users Posts: 7,469 ✭✭✭Pythia


    the_syco wrote: »
    Yeah. If you pay for something, and the cheque bounces (for whatever reason), they can bring you to court.

    Even if it's their fault? It's not the cheque writer's fault that the receiver didn't try and cash it until it was out of date.


  • Options
    #5
    Sangre
    Registered Users Posts: 12,154 ✭✭✭✭Sangre


    Cheque is no good but they can still force you to pay for the goods in some way.


  • Options
    #6
    brian_rbk
    Registered Users Posts: 303 ✭✭brian_rbk


    The cheque won't bounce, the retailer just hasn't cashed it.


  • Advertisement
  • Options
    #7
    Sangre
    Registered Users Posts: 12,154 ✭✭✭✭Sangre


    well if its 6 months after the date on the cheque it isn't valid anymore. It has expired.


  • Options
    #8
    UrbanFox
    Registered Users Posts: 472 ✭✭UrbanFox


    See it as a matter of contract law.

    They have furnished their consideration under the contract by supplying the goods. You have furnished no consideration in that you have not paid for the goods.

    The fact that they did not cash the cheque is due to their inefficiency but it does not absolve you of your contractual obligation.

    I think that the limitation period for initiating proceedings in contract is six years. So, if you don't hear from them for six years after the purchase date you will probably be in the clear.:)

    To answer your question, I think that you will need to write them another cheque if they ask for it. Look on this as a six months credit period at no cost to you.


Advertisement