Uncashed 17 year old cheque in dads effects

marta2778

Hi,
My dad passed away 9 years ago, but was seriously ill for years before he passed.
While clearing out my mums house prior to her going to care home for respite, I found and uncashed CGI (now Aviva) cheque for £6k
I contacted Aviva (they changed their name to Aviva from CGI some years ago), but they were less than helpful
Was wondering if I have any recourse at all with them?
I don't think it is fair that they should just write this money off, and my poor 87 year old mum could really do with it
Would be grateful for any help please

Keep_pedalling

One possibility is that he never cashed the cheque, another is that he mislayed it and CGI sent him a replacement which was cashed in which case nothing is owed.

Was the cheque associated with any paperwork?

Are you the executor of your father's estate?

Voyager2002

When you say you contacted them, do you mean a telephone call or a formal letter? A call-centre operative would not have a script for something like this and so would not know how to be helpful; a letter would eventually end up on the desk of someone able to take decision.

I suggest that you search for any paperwork that might explain the reason for the payment. They would not be obliged to replace the cheque (for obvious reasons) but if it was payment of a maturing savings product then the money is still his and so they would be obliged to make payment.

lincroft1710

CGU (not CGI) merged with Norwich Union in 2000 to become CGNU, the name was changed to Aviva in 2002. The cheque could have been for anything related to a CGU policy - motor, home, life, savings, business.

Aviva are only obliged to speak to the executor of your father's estate, so if it was your mother and not you, you will need to show Aviva that you have her written permission to act on her behalf.

As it is 17 years ago, it is to be hoped that Aviva still retain their old records. Keep pedalling's theory that the cheque you found had been mislaid and a replacement issued seems very probable.

marta2778

Hi thank you for your response
Sadly my mum is a hoarder, so been finding lots of stuff here and there, including cash hidden around the house and forgotten, so no paperwork
I think it was relating to an insurance payout re a neighbour dispute, as she damaged my fathers property and it all went to court
I will keep digging though

marta2778

Hi thanks for your response
I will go the letter route
X

lincroft1710

marta2778 wrote: »

I think it was relating to an insurance payout re a neighbour dispute, as she damaged my fathers property and it all went to court

Which makes it more difficult as your father was a "third party", i.e. he was not the policyholder, but the recipient of a payout, following a claim against their policyholder. As they had issued the cheque in settlement and your father had received it, they will probably assert that they had correctly discharged their obligations and that is the end of the matter.

It can be said in this case that the cheque was payment for money owed. After 6 years if a debt is not pursued it becomes statute barred, so Aviva don't have to do anything

marta2778

Hi
Ok
Think I will still pursue Aviva though by letter, and will advise the outcome
Sure this kind of thing happens a lot when going through deceased effects sadly

lincroft1710

marta2778 wrote: »

Hi
Ok
Think I will still pursue Aviva though by letter, and will advise the outcome
Sure this kind of thing happens a lot when going through deceased effects sadly

I doubt that many uncashed 17 year old cheques for £6,000 or similar are often found. It would be different if it was a forgotten bank or building society account or an unclaimed life assurance policy.

If you do write to Aviva, it would be helpful if you tell them the name of the policyholder, the neighbour. Also remember if you were not the executor of your father's estate, you need the executor's written permission to pursue the matter

securityguy

lincroft1710 wrote: »

I doubt that many uncashed 17 year old cheques for £6,000 or similar are often foundr

And I would be amazed if many organisations keep financial records detailed enough to distinguish a paid from an unpaid cheque at 17 years' distance, even if they feel any obligation to do anything other than write back saying "sorry, not our problem".

They sent the claimant a cheque in settlement. The claimant either paid it in to a bank, or they didn't receive it and therefore demanded a fresh one at the time, or they didn't pay it in. It's not the insurance company's problem once the cheque is in the hands of the recipient: they can cash it, burn it or forget about it.

lincroft1710

securityguy wrote: »

They sent the claimant a cheque in settlement. The claimant either paid it in to a bank, or they didn't receive it and therefore demanded a fresh one at the time, or they didn't pay it in. It's not the insurance company's problem once the cheque is in the hands of the recipient: they can cash it, burn it or forget about it.

Which is more or less what I said in Post #7, but the OP didn't seem to be convinced.