Santander Cards Ltd - Cashing an Old Cheque

farscape

Not sure if this is the correct category for this question, but as it deals with a cashing an old cheque I thought it the best fit.

A few days ago I was tidying up my home office and I found some old unopened letters. One of them was a letter from Santander Cards Ltd that I had not opened - it was dated February 2014. As at the time I did not realise I had any dealings with Santander, I guess I had assumed it was junk mail and put it aside for 'later'.

When I opened it I found that it was a cheque for 214 pounds linked to a finance agreement I had with Comet. Santander Cards Ltd must have been handling the finance and had made an overcharge at some point.

As the cheque was greater than 6 months old obviously my bank (now Santander!) would not take it and advised I contact Santander Cards Ltd. I thought this would be easy, however:

• Santander Cards Ltd transferred this business to New Day Ltd a couple of months after I was sent the letter - there is quite a lot of material on this forum about that.
• New Day have no record of the account and anyway this seems to deal with an account that was closed before the transfer anyway.
• All the numbers that I can find for Santander Cards Ltd are either dead or are now for New Day Ltd
• Comet are now out of business

Leaving aside my annoyance at myself for allowing this to happen, I have read elsewhere, probably here again, that cheques are legally binding for 6 years.

Does anyone have any ideas on what if anything can be done here as I am now going round in circles!

[While writing this I have just thought of another approach I have not yet tried. The cheque itself is issued against a Lloyds TSB account. I will ask that bank, either Lloyds or TSB now :wall:, if they can send me a new cheque]

Notes to self:

• OPEN YOUR MAIL!! :doh:
• It should not be possible for someone to overcharge you by 200 pounds and you not notice! :embarasse :slap:

reclusive46

I'd try cashing it in anyway, I've managed to cash in old cheques before.

farscape

Might be worth a try. When I took it in, it was me that pointed out how old it was.

farscape

UPDATE - Lloyds told me that they would not be able to reissue the cheque, it would have to be the account holder.

SeduLOUs

I would guess the main problem is that even if they take it over the counter, the issuing bank account probably doesn't exist anymore if a new company has taken over so the cheque is very likely to bounce anyway.

MME_2

Perhaps contact the administrators, Deloitte.

farscape

I'm hoping that this has nothing to do with Comet as the finance was all handled via Santander Cards Ltd. I'm pretty sure I would be bottom of the barrel with Deloitte as a potential creditor!

Ballard

This is a complicated issue and all I can do is confirm that cheques are valid for a number of years (I thought that it might have been 7 but you're probably right in saying 6). It is, however, standard practice for banks to return them after 6 months and I'm not sure how you can get around this. Perhaps ask for it to be sent as a special presentation?

System

A cheque is simply a written payment instruction.
Cheques are technically valid indefinitely but go 'stale' after 6 months.

Santander Cards Limited is still in operation and registered at Santander's UK HQ in London...

Armorica

The cheque is unlikely to be paid after six months. But, I believe the fact a cheque was issued to you is sufficient 'evidence' that a debt existed (once you work out whether it is SCL or New Day).

https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch13-24/Chapter16/part5/part_5.htm 16.91 refers (briefly)

I'm not sure what Ballard is on about - the statute of limitation is six years, so after that point a debt can't be chased. That's not quite the same as a cheque.

A bank can't issue a cheque on behalf of the paying customer. They have no mandate/legal right to do that.