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I have explained to him they have not gone out of his account, but is worried that something fraudulent has happened with the cheques and obviously does not have sufficient funds to cover back rents.
We have never said we would not pay any outstanding rents but require clarification first on what happened to the cheques that were not presented and for them to admit an error at their end instead of blaming my relative for not checking his bank statements.
Its bad news I am afraid.
The debt is owing and indeed they do have 6 years to claim it under the Limitation Act 1980
I can certainly understand your concern regarding cheques and might I suggest in future either a standing order is set up or online banking. This way you know payments are directly credited.
Further if this is not possible I would suggest sending the payment recorded delviery.
However as it stands there is a debt owing going back to 2011.
Whilst I do not think they have a right to demand all the payment in one go I think there is an argument to allow payment to clear the balance over some months.
They have failed to send any invoice and therefore can not expect full payment within a few days.
It is reasonable given their delay in sending invoice and chasing payment to allow it to be spread out
Can I clarify anything for you about this today please?
Not very helpful to me as we know the money is owed but we want clarification on what happened to the cheques? Can we demand that they confirm to us that the cheques have been securely disposed of?We feel that financial information has not been secure in the department and want some explanation. As I have said my relative is 80years old and does not check his bank statements so would not be aware if any money had gone missing through other means. The estate are not willing to provide this assurance.
If a cheque is over 6 months old it will not be cashed in any event.
But yes you can demand assurances as for the cheques and if they do not provide the assurance then you can sue for loss and damage. However any claim for loss and damage is likely to be less than £10,000 in compensation
I am an accountant and am aware the cheques cannot be cashed, but financial information can be used fraudulently in other ways which is why we are now required to securely shred information with clients financial details on. My relative is worried about fraud he is a retired policeman so is aware of what can happen so asking them to explain what happened to the cheques and provide assurances is not unreasonable. Are you saying that if I demand assurances and they do not comply they could be held liable for any fraudulent activity on the account?
Indeed. This could be a breach of the Data Protection Act which is why he could sue for loss and damage especially if he has suffered stress and a psychiatric illness because the cheques have been lost.
Thank you very much for your assistance that has helped me and I will be able to respond to the estate.