NON-STAG Retailer fails to cash cheque for 12 months, who's problem?

[iani]

We had some blinds fitted last year and my wife paid by cheque, today the retailer calls her to say that they hadn't cashed the cheque and can they please have a new one. Whose problem is this? as far as I'm concerned we paid, I see this as the retailers problem but obviously will do what I am legally obliged to. Does anyone have any thoughts as to what the legal stance would be?

Ian

[Ian B]

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I don't know what the legal position is; but i can't see how you have paid if you havn't had the money taken from your account. if it were me and i was happy with the blinds then another cheque would be sent (must be years since i last paid for anything by cheque come to think of it)

Ian

[Guest]

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Hiya, I incline to agree with Ian B - sorry - however, if you have a receipt, you probably don't have to pay again Martin.

[iani]

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Martin Stevenson wrote:

Hiya, I incline to agree with Ian B - sorry - however, if you have a receipt, you probably don't have to pay again Martin.

We have the receipt Martin, I was more interested in this as an academic exercise, what is the legal position. Anyway, the cheque was for £741, I have called the shop and we have negotiated a lower figure so I'll send a new cheque on receipt of the original.

Ian

[stagwingnut]

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i also agree with the others ,just look at it that the money you did not pay as earned a years interest in the bank ,sonot all bad!!!!

[Guest]

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iani wrote:

Martin Stevenson wrote:

Hiya, I incline to agree with Ian B - sorry - however, if you have a receipt, you probably don't have to pay again Martin.

We have the receipt Martin, I was more interested in this as an academic exercise, what is the legal position. Anyway, the cheque was for £741, I have called the shop and we have negotiated a lower figure so I'll send a new cheque on receipt of the original.

Ian

I had a feeling that's what was happening. Martin.

[Andy Rundell]

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Cheques are legally valid for 6 years, but banks will often ask for a replacement if over 6 months old:

This is copied straight from the Cheque and Credit Clearing Company's website (http://www.chequeandcredit.co.uk/), who operate the cheque clearing system:

It is common banking practice to reject cheques that are over six months old to protect the payer, on the basis that payment may already have been made by some other means or the cheque may have been lost or stolen . However, this is at the discretion of individual banks. It should not be assumed that cheques in excess of six months old would automatically be rejected - the only certain way to cancel a cheque is to request that a stop be placed on it (although cheques backed by a Cheque Guarantee Card cannot be stopped).

It is recommended that, if possible, customers in possession of cheques that are over six months old obtain a replacement. In cases of disputes a cheque remains legally valid to use to prove a debt for six years.

(http://www.chequeandcredit.co.uk/faq...or_six_months/)

........Andy

[iani]

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Andy Rundell wrote:

Cheques are legally valid for 6 years, but banks will often ask for a replacement if over 6 months old:

This is copied straight from the Cheque and Credit Clearing Company's website (http://www.chequeandcredit.co.uk/), who operate the cheque clearing system:

It is common banking practice to reject cheques that are over six months old to protect the payer, on the basis that payment may already have been made by some other means or the cheque may have been lost or stolen . However, this is at the discretion of individual banks. It should not be assumed that cheques in excess of six months old would automatically be rejected - the only certain way to cancel a cheque is to request that a stop be placed on it (although cheques backed by a Cheque Guarantee Card cannot be stopped).

It is recommended that, if possible, customers in possession of cheques that are over six months old obtain a replacement. In cases of disputes a cheque remains legally valid to use to prove a debt for six years.

(http://www.chequeandcredit.co.uk/faqs/-/page/is_it_true_that_cheques_are_only_valid_for_six_mon ths/)

........Andy

Thanks Andy, I suspected this would be the case, all sorted now anyway.

Ian