6 year old cheque

helphelphelphelp

Thanks for your replies. I don't thinking is a case of them having too much money. More a case of not having enough sense as the cheque was stapled to the letter which obviously wasn't Read and just filed away. When going through paperwork years later the cheque was found. A lesson to read their post properly. But a very expensive lesson.

MobileSaver

amjustagirl wrote: »

If said friend forgot to claim back 9k after 6 long years they can't really need it.

It never ceases to amaze me how jealousy brings out the worst in people.

macman

observations_from_a_hill wrote: »

Yes, as Owain Moneysaver states, any client account credit balances will have been passed to a successor firm.

So suggest they pay in the cheque to their bank account.

But a bank will not honour a cheque that is 6m old, let alone 6 years! Even assuming that the account still existed, which it does not.

googler

Owain_Moneysaver wrote: »

When a solicitor's practice closes another firm will take over any remaining files. ....

The Law Society (if in England/Wales) should be able to advise.

Or if in Scotland, The Law Society of Scotland

GDB2222

Owain_Moneysaver wrote: »

When a solicitor's practice closes another firm will take over any remaining files. There should have been an accounting including 'cheques issued but not yet presented'. Possibly the taking-over firm has money in their client account corresponding to the unpresented cheque.

The Law Society (if in England/Wales) should be able to advise.

The original solicitor should have held the £9000 in his client account. Unless fraud was involved, the money in the client account will have been passed on to a successor firm. So, as Owain says, it's just a matter of asking the Law Society who took over the files.

xtinataguba

there no expiration of checks. but the banks has the right to refuse it if it is 6 months old. they'll gonna regret it for the rest of their life. hahahah! better yet, frame the check and just be a collection item. ;(

rpc

The debt would be statute barred, so you are relying on the good will of the successor company (the Law Society may assist this goodwill!).

I suggest that the old cheque is framed and mounted in the living room as a constant reminder of the cost of poor organisation.

GDB2222

rpc wrote: »

The debt would be statute barred, so you are relying on the good will of the successor company (the Law Society may assist this goodwill!).

I suggest that the old cheque is framed and mounted in the living room as a constant reminder of the cost of poor organisation.

Limitation did occur to me, but I don't think that a solicitor would be allowed by the Law Society to use that.

rpc

GDB2222 wrote: »

Limitation did occur to me, but I don't think that a solicitor would be allowed by the Law Society to use that.

I suspect so, hence my comment about the Law Society 'encouraging' the goodwill.

It does change matters slightly (in my view) in that the solicitor basically does not have to pay anything unless the Law Society tells them to. If the debt were not barred, it would be enough to prove who the current debtor is and action would be available to recover the debt.

Of course, none of this changes the basic advice that OP should contact the Law Society and go from there.

BobQ

Does the Limitation Act apply in this case? If it does then its important to find out the exact date of the letter and if its just under 6 years contact someone Law Society will do in writing.

If its over 6 years this does not stop you seeking repayment of the debt it only stops you using the courts to do it.

That said I am not sure this is applicable to the Limitations Act. Is it really a debt or is it just that a solicitor held money on your half? I do not know.