Delay Repay - unpaid cheques

[Manxman in exile]

(My own fault - I know!)

 

I've just found two delay repay cheques (each for just £13) that I never presented to my bank.  They're both nearly two years old.  I've contacted the TOC in question and asked them to reissue them (possibly for a fee) but they've refused to do so on the grounds that the cheques are over six months old.

 

Is this correct?  My wife has had several expired dividend cheques reissued in the past upon payment of a fee.  Is the delay repay compensation simply an ex gratia payment, not creating any legal liability?

 

I'm not too bothered as if they charged the same fee as for my wife's dividend cheques, I'd only be a couple of quid up, but I'm curious to know if the TOC is correct.

 

Thanks

[BankFodder]

I understand that the delay repaid cheque system has come about as a result of some voluntary code of practice. It might be an idea to start having a look at that code to see what it says.

I suppose that if the cheques have been given to you in compensation for a train delay then it may well be possible for you to assert a contractual entitlement – but this may be for a lesser sum than the value of the delay repay cheque which you have and of course you might find yourself having to threaten legal action which I expect would not be worthwhile

[Manxman in exile]

Yeah.  I suspect it's voluntary not legally enforceable.

[Manxman in exile]

Just looked at National Rail T&Cs of travel and TOC's passenger charter - nothing to indicate that they can't reissue an expired cheque where they've already agreed to pay compensation for delay by issuing the original cheque.

 

Think I'll challenge them as to where it says they can't reissue the cheque.

[ericsbrother]

try presenting the cheques if they dotn have an issue life. some company cq's do, some dont.

I often bank by share dividend cq's a year after issue as they are for such small sums I accumulate a few before banking them

[Manxman in exile]

7 hours ago, ericsbrother said:

try presenting the cheques if they dotn have an issue life. some company cq's do, some dont.

I often bank by share dividend cq's a year after issue as they are for such small sums I accumulate a few before banking them

 

The bank has already rejected them as over six months.

 

My wife's dividend cheques can be presented for up to 12 months (says so on the face of the cheque) and then have to be reissued.

 

Having looked at the National Rail T&Cs and the TOC's passenger charter, I'm reasonably confident they can be reissued, despite an initial rejection from customer services (I suspect they don't know they can be reissued).