Former employer owes me money: Unique Case

[flooty]

First things first, i've got to admit i've been a plonker and have put this situation upon myself.

 

The situation:

When I left my former part-time employer they owed me money. This was sent to me in the post in a cheque attached to numerous other bits of paper, which I never noticed was attached until 12-months later when I was organising my filing.

 

Now this cheque is more than 12-months old. Banks have an agreement with each other where they won't bank cheques over 6-months old. So I went back to my employer with a smile on my face and asked him if he could re-write the cheque for me.

 

His excuse was "the accounts for that year have been closed" and that he would have to talk to his accountant before he does anything more - this was 3 weeks ago and i've heard nothing.

 

I hold my hands up that I was a complete wally and have been the catalyst of this situation. Is there anything I can do now?

 

Will this logic apply to my case? When a direct debit is set up to come out on a particular day and they don't take it until 2 weeks after you agreed them to and the money is no longer there - they can charge you because the money should still be in there because they haven't taken it.

 

I'd be interested to know where I stand, because to me this is a substantial amount of money and technically he still owes me it if the cheque hasn't been banked. So the cash should still be in his account awaiting my withdrawal.

 

When you stop laughing, please reply.

 

Much thanks

[Beck1968]

you have their admission with the old check.......

 

be nice, but firm.....Write to them asking them to replace the cheque, if you still get the dribble about the accountant, write once more with a letter before action

[flooty]

Thank you for the prompt feedback Beck.

 

The company is a huge multinational franchise, would you suggest I write to the local branch I worked in or the head office for the UK?

[Beck1968]

the place and payrole dept you worker for

[flooty]

Okay. That is what i'll do.

 

Something I forgot to ask. Should I attach the cheque or a copy of the cheque?

 

You should probably know when I met him in person, he took a copy of the cheque.

[lee32uk]

I would attatch a copy of the cheque, and also mention in your letter that you have done so....stops any comebacks/excuses

[patdavies]

His excuse was "the accounts for that year have been closed" and that he would have to talk to his accountant before he does anything more - this was 3 weeks ago and i've heard nothing.

 

 

What utter tosh!

 

The accounts for last year should have allowed for the outstanding cheque - either as an accrual or as an unsatisfied creditor. IOW, the debt to you via the cheque should have been carried forward.

[flooty]

Patdavies - thanks for disproving what he told me. This only proves he is time wasting and hoping that I will just go away. And the technical information will prove useful