Five year old cheque never banked, does the company have to reissue it?

Grovemum

I've been sorting out some old paperwork and found a cheque issued to me by the solicitor handling the conveyance for my flat purchase in March 2005. I have contacted then and asked that they re issue it. Can anyone tell me whether they are obliged to do so? Can they refuse?

4743hudsonj

well you have up to 6 years to claim for money owed to yourself so they should do but they may try it on and ask you to prove they owe you the money, are you able to do this?

sarahg1969

The cheque itself is proof, is it not?

fred7777

No. The cheque is proof they sent you a cheque which you never cashed not that you are owed money.

WestonDave

Yes they do have to reissue if they have not already done so. There are unique situations are play here because its a solicitors client account cheque and although various statutes of limitation can apply to normal transactions, they do not override Solicitors Accounts Rules. A solicitor must account to the client for any money owed to them. If the cheque is not cashed or they lose contact they must keep trying. If after a period of time and exhausting all possible avenues they conclude that they have lost contact with the client, they can pass the money on to charity BUT the charity MUST give a binding undertaking to return the money if the rightful owner eventually shows up.

However it is likely that they may have sent a replacement cheque after 6 months which you may have cashed. First action is to contact the solicitors and ask for a replacement cheque. If they say you've already had the money then ask them for a ledger printout which shows the replacement cheque being issued, and the date it was shown on their bank statements. This will give you enough information to tie up with your own records whether it went through your bank account. If it doesn't tally you can then ask for a copy of the paid cheque which the solicitor will have to get from their bank - failure to arrange for these to be kept for 6 years is also a breach of SAR's - so get a move on!

fluffnutter

I'm amazed that a solicitor owes you money! Isn't it normally the other way round...

Grovemum

Thank you for all responses - I had thought that there was a six year window of opportunity - I called the company yesterday, the woman I spoke to had memory of the case but seemed unsure whether the cheque would be reissued due to the time elapsed. I shall return it to them forthwith! (recorded delivery, of course!) - It's not a lot of money but that's not the point!
"breach of SARs" - what are SARs? - Sols Account Rules - just twigged.

gordikin

Make sure you take a copy!