Dealer forgot to cash cheque

[Cecil]

I bought a ten year old car about two years ago for around £1700. I paid the dealer a £250 cheque and the rest in cash, he forgot to cash the cheque and now, two years on he is chasing me to give him either a fresh cheque or the cash. Does anyone know my legal position here, do I have to give him the money or is it his problem ?

Thanks in advance

C

[Fastra]

Did you know he hadn't cashed it or forgot about it until now?

[Original Poster]

Just ignore him IMO.

[fiveoclockhero1]

I suppose you could just pay him what you owe him.

[SClarke]

Does the length of time make any difference to the fact that you agreed to pay him?

[Motorrad]

I'd pay him if there were no problems with the car ie it didn't have some major undisclosed fault.

[gj88]

His problem as far as I'm concerned. He should have cashed the cheque when you gave it to him. If it were 6 months ago or something and he lost it then I'd be more willing to pay up.

[anonymous-user]

Why wouldn't you?

[k-ink]

Deduct circa 30% for your time in "admin". Thats what the train ticket companies do when it comes to refunds

[Ferg]

What would you like someone to do if it were you who hadn't cashed the cheque?

[KaraK]

Are you sure he didn't cash the cheque? He could just be trying it on you know!

[Somnophore]

Just tell him you're insolvent and don't have any money now and he should have cashed it at the time. It's his mistake if it was a couple of months fine but 2 years he can sod off

[Killer2005]

KaraK said:

Are you sure he didn't cash the cheque? He could just be trying it on you know!

Just to add, clearing usually can't trace cheques from over 2 years ago so it may be hard to confirm if it actually has been or not. It may come down to the OP checking with his bank to see if its ever gone out.

[reggie82]

SClarke said:

Does the length of time make any difference to the fact that you agreed to pay him?

To be honest I think it does. I'm sure there is an amount of time that can pass where the debt is declared null an void. I remember the question coming up on here before and being surprised when I found out that was the answer. Of course I may have dreamt it all!

[Ferg]

reggie82 said:

SClarke said:

Does the length of time make any difference to the fact that you agreed to pay him?

I'm sure there is an amount of time that can pass where the debt is declared null an void.

Legally perhaps, but not morally.

[Fartgalen]

Don't pay anymore.
You paid him once. As long as the cheque didn't bounce or anything ?

If you'd paid cash and he lost it, would you pay again ?

Tell him to Ballux !

[reggie82]

Ferg said:

reggie82 said:

SClarke said:

Does the length of time make any difference to the fact that you agreed to pay him?

I'm sure there is an amount of time that can pass where the debt is declared null an void.

Legally perhaps, but not morally.

Yes, but the OP asked for legal advice not moral advice.

And most the people on here saying he should pay the money back probably wouldn't if they were in his situation.

[lost in espace]

Personally I would keep the cash in the bank until I actually received the court summons, not replying to any correspondence in the mean time. Sounds like their accountant finally looked in the bottom office draw and discovered your cheque and realised they can't cash it! Amazed you were let out with the car without cleared funds though.

[Ferg]

reggie82 said:

Ferg said:

reggie82 said:

SClarke said:

Does the length of time make any difference to the fact that you agreed to pay him?

I'm sure there is an amount of time that can pass where the debt is declared null an void.

Legally perhaps, but not morally.

Yes, but the OP asked for legal advice not moral advice.

And most the people on here saying he should pay the money back probably wouldn't if they were in his situation.

Well.
Yes, that's correct, he did ask for legal advice, but I was merely pointing out that perhaps there's more to it than the legal standpoint.

For what it's worth, I think a deal is a deal and welshing on one, however it occurs, is really the actions of a .

[POORCARDEALER]

Do you really have to ask?