Outdated cheques not cashed

LeagleEagle747

Just looking for some advice, I received a cheque almost 6 years ago, and never got around to cashing it, do I have any way of getting the person who issued the cheque to re-issue it?

KellyKelly

They are not Valid after 6 months on the date.

You can always return the Cheque to the sender, and request an up to date one.

Not sure after 6 years would they bother?

Mrs OBumble

You can ask.

But you may find the replacement is delayed in the mail for a few years. Shure'n its been six years already, what's a few more.

coylemj

do I have any way of getting the person who issued the cheque to re-issue it?

The way I read that question, what you are asking is: do I have legal grounds to force the person to issue me with a new cheque?

The answer (because you said 'almost 6 years') is 'maybe'. Citizens Advice says a debt is unenforceable after 6 years. This article is aimed at a person who owes money, read it accordingly...

https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/dealing-with-your-debts/check-if-you-have-to-pay-a-debt/

beachhead

cheques expire after 6 months.A bank would return it to you if you tried to encash it.Ask the issuer to write another is your only choice.If,written by a reputable company they may help you.It could take some time while they search to see if it was cashed.Banks don't always mark cashed cheques.

Darc19

https://www.boards.ie/discussion/comment/117785341#Comment_117785341

Debateable as the person who issued it may say that they provided a valid form of payment and therefore the debt extinguished with acceptance of that payment. I certainly wouldn't even mention any legal obligation or intimate in any way that the debt could be enforced.

Best way is to go for the goodwill argument.

coylemj

Debateable as the person who issued it may say that they provided a valid form of payment and therefore the debt extinguished with acceptance of that payment.

If I owe someone money and I hand him a rubber cheque, is the debt settled 'with acceptance of that payment'?

The debt is settled when the cheque clears, not when it's handed to you. What you're saying applies to cash only.

Jim2007

https://www.boards.ie/discussion/comment/117803024#Comment_117803024

No it is not debatable the debt is not settled unless the cheque is honored. Whether or not the debt can be enforced is another matter, which would have to be adjudicated upon in court.