cheque problem

[tali122]

friend failed to deposit a �75 cheque -it is over a 1 year old now , so he went back to shop who issued the cheque for another , the shop asistants he recognised from that time claim they have bought the shop now,Given that a cheque is valid for 6 years -Who is liable for issuing another cheque - the current owners of the shop or the previous one?

[joko]

cheques are valid for 6 months - not 6 years.

in this case the re-issue of the cheque is up to the people who actually owed you the money - not the new people, they bought the business, not the debts etc - it is up to them and their good will if they choose to honour it.

[tali122]

thanks unless ive misunderstood ,confusingly the 6 years validity is mentioned in link below nor do they appear to mention goodwill here http://www.apacs.org.uk/resources_publications /faqs/cheques_10.html

[joko]

well, maybe just take it to the bank and try it?

i don't think the new owners will honour it as it not their debt - i mean, would you?

but like i said it, if they are aware of the debt and agreed to take them on, they may as a gesture of good will.

but good will is exactly that, so they would not mentions it in legal documents - it is not a legal requirement

[johnny37]

I believe the six month rule is not a legal limit. it is just a security measure in the banking industry to guard against lost cheques, fraud, etc The bank will still pay it if the drawer agrees. The six year rule is the relevant one. If the issuer refuses you can stil take him to the small claims court, if you want to go down that route.

[tali122]

thanks- bank would not accept the cheque, also how would you prove new owners took on debt or not ?

[johnny37]

New owners have already told you it is not their debt, which may or may not be correct. They bought the business and must have been aware of any outstanding debts. I am sure that the bank would write to the cheque issuer on your friend's behalf to see if they would honour it. If they accept it you do not need a new cheque from the previous owner. Speak to someone at the bank who knows what they are talking about, not just a counter clerk who might think the six month rule renders it null and void.