Out of Date Cheques

[Turboman]

I've found a 2004 old Halifax cheque (insurance) for a few hundred pounds which has not been cashed

But they say its "out of time" and won't re-issue it

Is there any advice please on what can be done?

[Caspar]

Re: Out of Date Cheques

Hmmmmm...... not an amount you want to lose. The rules certainly used to be that they had to be cashed within 6 moths.

My thought is what was the cheque for? If it was for a bill or money owed, then that must still be outstanding as the cheque has not been cashed so surely they are duty bound to issue another to pay off their debts or face the small claims court?

[leclerc]

Re: Out of Date Cheques

I've found a 2004 old Halifax cheque (insurance) for a few hundred pounds which has not been cashed


But they say its "out of time" and won't re-issue it

Is there any advice please on what can be done?

The problem is that rather than it being simply out of date it is out of time ie more than 6 years old. The question is whether you can provide the evidence as to what it was for and the hassle of doing so.

What was the cheque for?

[Turboman]

Re: Out of Date Cheques

The problem is that rather than it being simply out of date it is out of time ie more than 6 years old. The question is whether you can provide the evidence as to what it was for and the hassle of doing so.

What was the cheque for?

I actual fact--its son--the cheque is STILL attached to a letter fom Halifax Insurance detailing the payment as payment for an insurance incident in 2002 (also dated in the letter) and quoting claim number and policy number also

[leclerc]

Re: Out of Date Cheques

I think you'll need to find some case law for them to cash the cheque after 6 years.

[Caspar]

Re: Out of Date Cheques

I've read on the internet, but that does not mean it's true, that if you go back to the issuer they will normally reissue one without problems. Might be worth trying a different Halifax branch?

[Turboman]

Re: Out of Date Cheques

Also while having a clearout---I've also found 12 Dividend cheques dated 1994 to 2006----around £64 in total though----not £600 as in above posts
------------------------------- merged -------------------------------

I've read on the internet, but that does not mean it's true, that if you go back to the issuer they will normally reissue one without problems. Might be worth trying a different Halifax branch?

nah---its centralised as its a Halifax General Insurance cheque

[leclerc]

Re: Out of Date Cheques

up to 2005, you can get them to reissue the cheques.

[Turboman]

Re: Out of Date Cheques

up to 2005, you can get them to reissue the cheques.

I see---within the 6 years----that gives me £11.87 out of £64

I'll send the rest to the Dividend Registrar to see what happens


More importantly its the £600 Halifax Insurance one that I need to research on Google then for precedents?

[Caspar]

Re: Out of Date Cheques

Playing devil's advocate here (I wouldn't dare disagree with your banking expertise leclerc) but isn't the Halifax just choosing not to re-issue the cheque? They could perfectly well if they wanted to.

So what would happen if this were to end up in the small claims court and the claimant point out the money is still owing, but Halifax are refusing to pay.

Statute of Limitations I'm pretty sure doesn't apply here, so what defence do they have other than it's our policy?

[leclerc]

Re: Out of Date Cheques

Playing devil's advocate here (I wouldn't dare disagree with your banking expertise leclerc) but isn't the Halifax just choosing not to re-issue the cheque? They could perfectly well if they wanted to.
Why? The cheque is more that 6 years old and for an incident that happened almost 9 years ago?
So what would happen if this were to end up in the small claims court and the claimant point out the money is still owing, but Halifax are refusing to pay.
Support your hypothesis with case law which supports it. Halifax processed the claim, issued a cheque which was subsequently not cashed for more than 6 years. Turbs is unlikely to have a civil claim for recovery of monies under the limitations act so please can you provide me with reasons why your hypothesis which will cost Turbo money to try, will even vaguely work?
Statute of Limitations I'm pretty sure doesn't apply here, so what defence do they have other than it's our policy?

Why does the Statute of Limitations not apply here?

[WendyB]

Re: Out of Date Cheques

As I said last night in Shout, I don't see that this is any different to a SB debt. If you owed someone money, and it was SB because it was over 6 years etc, you wouldn't be best pleased if the debtor came along and said "Well I know it's SB and out of time, but I only just noticed that you owe us the money so can we ignore the rules please and will you just pay up?" would you?

[Turboman]

Re: Out of Date Cheques

As I said last night in Shout, I don't see that this is any different to a SB debt. If you owed someone money, and it was SB because it was over 6 years etc, you wouldn't be best pleased if the debtor came along and said "Well I know it's SB and out of time, but I only just noticed that you owe us the money so can we ignore the rules please and will you just pay up?" would you?

Wendy---give my poor lad some hope-perhaps pleading hardship ??--he desparatately needs the money for some up market Ping golf clubs and a new rolex

[WendyB]

Re: Out of Date Cheques

Ha ha ha.

Sorry, I can't see any hope. If it was the other way round and he owed them money, and it was over 6 years old, would he pay them if he didn't have to? I know I wouldn't.

The bottom line is that SB doesn't only apply to Joe Public who can't afford to pay his bills (or buy new golf clubs lol). It works both ways.

Obviously there is always the old appeal to the better nature but i don't think that will work either tbh.

If anyone has any case law then I stand to be corrected, of course.

[Turboman]

Re: Out of Date Cheques

Cheers Wendy----its the tear jerk letter approach then---I'll go into my "creative writing" mode at weekend!!!--nothing to lose