I explained to the receiver that the shortfall was paid in full on the day of the handover, this is what she came back with, surely this makes all Bankruptcies in this country unsafe even after discharge?? Thank you for your email. The compensation claim with the Post Office is an asset in the Bankruptcy as the events leading to the claim, predates the bankruptcy order and under insolvency law this becomes an asset in the bankruptcy even though the act of claiming post dates the bankruptcy. The Official Receiver is entitled to part of the compensation offered by the Post Office for the financial losses, any offer in relation to distress, inconvenience, damage to reputations remains with you. The Official Receiver would not force you to accept the offer made. Although the Post Office was not listed as a creditor in the Bankruptcy as it was paid before the business was handed over, this does not affect the Official Receivers entitlement to part of the claim. Below is some links from our website which provides some information regarding the Official Receivers involvement in Post Office cases: https://www.gov.uk/government/news/postmasters-impacted-by-horizon-who-may-have-been-wrongly-made-bankrupt https://www.gov.uk/government/news/progress-update-on-compensation-for-postmasters-subject-to-bankruptcy-orders#full-publication-update-history As stated in my previous email, you may wish to take your own independent legal advice on the matter. I am happy to arrange a call with you if you think this would assist? If you have any queries please don't hesitate to contact me on the details below.

Hi Nick Here is the PDF I Hope that works, our lives have moved on since those days, wife is now a nurse is the PDF viewable guys? Post Office Shortfall Insolvency 2024-02-16 12-54.pdf

Please can somebody help My wife was a post mistress in 2003 - 2005 - Sold the business in 2005 before we could sell the business to the new owners we had to pay the short fall of £1000 back to the Post Office which we did on the day of the handover, went bankrupt in 2006 now the insolvency service say we have got to pay out creditors before we can claim any money I might have read that wrong ??..... . I'm confused it was 13 years ago, she was discharged from bankruptcy in 2012

Hi Dx Where should I post it please, I have the letter to show as well

Hi Guys My wife has today received a letter from the insolvency service, alleging that our debt formed part of her bankruptcy, this is not correct we paid the alleged shortfall to the Post Office representative on the day of Handover to the new owners of our business in 2005 in 2006 we had to declare bankruptcy, but the shortfall didn't form part of the bankruptcy, but now the Insolvency service are coming after her, she was discharged in 2012 ? Seems that the gov are still trying to keep the money anyway the can.......utterly disgraceful Br Nick

Hi Stu The agent has sent back a partial SAR but the landlord has not sent anything back. I have it in writing that we were allowed to leave the tenancy without any monetary obligations to the Landlord or the Agent, however the agent wants us to pay for the carpet cleaning and provide a receipt or invoice for that, even though the carpets were not cleaned when we started the tenancy and we were never furnished an invoice to show that they had been. No landlord or Agent were present at the so called book out of the property, we just handed the keys back. Kind Regards Nick

Hi Stu As I expected the Agent hasn't responded either to the SAR, I looked on the ICO webpage and it states that I should chase them up even after a month? I found it quite hurtful to listen to the Landlord and the neighbour laughing about us moving, I could heat them through the security camera. I am happy to say I am currently moving home the next few days, I haven't chased the agent yet. Kind Regards Nick

Hi Stu, this mornings post brought, a return to sender from the Landlord of the SAR, Landlord refuses to furnish the information?......I still have not heard from her agent. As we know the Landlord is using the neighbour as a vetting person for all tenants coming to this property, it was the Landlord who has given away our personal details to the neighbour along with the Agent. Br Nick

Hi Stu and DX the SAR was sent on the 16th of December, I sent the SAR by Special Delivery and Registered, looking at the SAR again, "I think I should have stated as of the above date" I stated the following in my letter: Finally, I should remind you that you have a duty to make clear the meaning of any codes or shorthand which you use in relation to mine and my family’s personal data. If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the one-month timescale has started. If you fail to comply with all of your obligations, I will make an immediate complaint to the Information Commissioner about your statutory breach – and without any further notice to you. This may also lead to legal action in the County Court and a judgement will then be forwarded to the relevant authority. KInd Regards Nick

Cheers DX, I did wonder, the Landlord and the agent are almost at the 30 day limit Thanks again Nick

Good evening Stu I just wanted to ask you, what can I do if the agent and the Landlord do not return the SAR? Br Nick

Thank you Unclebulgaria for coming back to me so quickly its very much appreciated. Yes I think you have answered my question. Thank you for your wise words of caution, last thing I would want to do is innocently fall foul of the law or DWP, so yes I will speak with those that are up to speed with such matters.

Thank you Honeybee13 much appreciated Nick

Hi Guys & Gals Please can someone answer a quick question about benefits please I get the higher award for PIP, and UC, to get new accommodation my son has agreed to move back in with my separated wife and I. Due to an earlier bankruptcy in 2020, because of mental illness, I could no longer work and I always get turned down for accommodation because of poor credit rating, does anyone know what benefits I will lose, I am as you can imagine registered disabled now, all persons are named on the new tenancy agreement and my son is my un paid carer, tenancy agreement at the moment is joint and several so we are all responsible for CT and Rent etc, we have not yet signed the new tenancy agreement. Thank you for your help guys

Hi Stu Made Bankrupt in 2020 now discharged, but it still impacting on me sadly atleast for another two years anyway

Happy New Year Stu, hope you had a great christmas. The Landlord has agreed to let us out of the tenancy agreement with out any financial penalty. I have a question about benefits, I get the higher award for PIP, and UC, to get new accommodation my son has agreed to move back in with my wife and I, due to an earlier bankruptcy which I declared because of my mental illness and could no longer work, do you know what benefits I will lose, all persons are named on the new tenancy agreement, thanks Stu Kind Regards Nick

Hi Stu Out of the blue this afternoon, the agent sent us an Email stating that after speaking with the Landlord, the Landlord has agreed to release us from the tenancy agreement with immediate effect, providing we return the keys and replace the oil we have used for the heating, it has also been confirmed that their is no monetary obligations either, we have to confirm when we will be leaving the property because we have only just paid the rent, we are looking at the 15th to 17th of January this decision came about after sending the doctors letter backed up with the SAR, it also came to our attention after speaking with a legal advisor that the landlord has to make adjustments to the tenancy agreements in certain circumstances, and I think mine was one of those circumstances Hopefully I can finally move on from this disaster of a tenancy Merry Christmas and a Happy New Year to all who have read my journey todate, and especially to you Stu for your unwavering support mate, I cant thank you enough brother. Nick

Hi Stu Here is the specific wording for the break clause: The tenancy is a twenty four month assured shorthold tenancy agreement with a break clause at 12 months, this means that the tenant can give one month’s notice (on the anniversary date of the agreement) in order to vacate the property at the end of the initial twelve months. The Landlord can give two months’ notice if he wishes the tenant to vacate at the end of the initial twelve-month period if neither party gives notice at this stage the tenancy will continue for the full two year (twenty Four Month) period. here is also a copy of the communication sent to me from the agent:

Hi Stu The doctors letter took ages to get typed, its now done and will be at the agents and the Landlords tomorrow if not already, The SAR will also land tomorrow by Registered Mail The wife and I were discussing what the Agent has stated and the Landlord has agreed to in a recent mail: The agent has stated: "that the landlord has agreed we can leave the tenancy early, but we are still liable for the rent and costs until a new tenant is found" this cant be correct, the Agents statement above is for tenants without a break clause in their agreements, and we have a break clause, the law states that I cant leave my tenancy early if I don't have a break clause in my tenancy agreement but I do. The landlord has agreed for me leaving the tenancy early, because of my situation A break clause is a tenancy agreement clause that allows either the tenant or landlord, to end the tenancy agreement during the fixed term.Break clauses can offer both landlords and tenants flexibility to exit a tenancy early, perhaps because of sudden changes of circumstance. Still getting harassed from the neighbour, and now it appears that it might just be that the agent is discriminating against me, after telling me that the Landlord likes to remain impartial with her tenants, this isnt the case where the abusive neighbour is concerned.....I have been told to not contact the Landlord under any circumstances.......why because Im mentally ill, I'm guessing utterly disgraceful

I thought I would post a paragraph from my Tenancy contract, I have never ever seen this in any tenancy contract I have held previously, which leads me to think that the Agent and the Landlord know this property is damp. From my Tenancy Contract: To take reasonable and prudent steps to adequately heat and ventilate the premises in order to help prevent condensation and where such condensation may occur to take care to promptly wipe down and clean surfaces as required from time to time to stop the build up of mould growth or damage to the premises or its fixture and fittings.

Hi Stu The Letting agent Agent works on behalf of the Landlord because the Landlord wants nothing to do with the tenants just wants to take the money with no involvement contractually, this is told to all the landlords tenants, the comments made within the E Mail from the letting Agent were a deal breaker for us, and we would never have come to this accommodation I have an independent neighbour who has witnessed the actions of the neighbour who is abusing me, I also have Video footage with vile language being used against me, the independent neighbour has also witnessed previous neighbours being intimidated and false allegations made against those tenants which also required police involvement. The mould issue is fully documented, with video footage Landlord viewed the destroyed clothing and goods, an expert witness came and filed a report to the Letting Agent, and myself indicating things that need to be done, which the Landlord would not agree to, the Landlord doesn’t care at all, because the Law really is on their side not the Tenants Regarding the break clause, I haven’t mentioned it to the Landlord or Agent yet, though a recent communication from the Agent stipulates in her E Mail that the break clause has been missed I will give the RBL a call and see if they can help me, is there anyone in particular I should contact or should I contact SSAFA? Cheers Stu Nick

Hi Stu I have just gone over a couple of old E Mails from the agent, and a statement was made to us about the landlord not living in the village, however she does, we were told she pops into the village from time to time, this was a lie Had we have known the Landlord lived in the village we would never have moved here. I think this comes under this? Consumer Protection from Unfair Trading Regulations 2008 were amended by the Consumer Protections (Amendment) Regulations 2014 and provided private tenants whose tenancies began after 1st October 2014 with a remedy to unwind a contract in certain circumstances. The idea is that landlords do not use unfair trading practices such as, giving misleading information, withholding necessary information; using coercion, harassment or undue influence or failing to follow accepted trading practices. Kind Regards Nick

Hi Stu We have a signed 24 month assured short-hold tenancy, with a break clause at 12 months, the first years break clause on the 17th of October, only a verbal agreement was given and we have not received a second written agreement for the second year so just over 5 weeks into the second year now The agent quoted from the rental agreement, however the landlord I believe is in breach of the contract, regarding harassment and and intimidation and abuse I have experienced, and a plethora of repair work which an expert witness for damp and mould advised has not been done and ignored, I think contravenes the ( 2018 Fitness for Human habitation act) which covers the damage caused to my mental health so far I do not see how they can hold me to a tenancy agreement and its terms when they have broken those terms, there by creating the breach. I have also contacted environmental health today regarding the property, I am also considering stating that i can no longer pay my portion of the rent. All I know is that I have got to get away from this property Cheers Stu Nick

Hi Stu further developments, as you know we have a 24month assured tenancy. I visited the GP this monday, and the mental health practitioner onTuesday who again confirmed what I already knew about my CPTSD. the GP has agreed to write to the Landlord and Agent, prior to this we let the agent know that the GP would be writing to them and the Landlord, mentioning the decline in my mental health, and that our position in regards to the property wasn't tenable. The Agent has come back and stated that the Landlord has agreed to release us from the tenancy from the date the new tenants move in, we have also been advised that we will be responsible for the rent and the cost of the utilities until a new tenant moves in The agent and Landlord are making this statement without viewing the GPs letter, which will be sent Friday 08.12.2023 I have withheld sending the SAR request to the Agent and Landlord, because I wanted to see their response and prior communication history to date, it will be interesting to see their communication to each other regarding this latest development Where do we stand Stu?......can the Agent and Landlord injure me further?....because staying here is injuring me and poses a significant health risk to us all really Kind Regards Nick

Hi Stu Thank you for all of this mate, words don't seem sufficient to really do they for all your kind help, can I make a donation in some way as a way of saying thank you? 18 years blimey you nearly got to the 20, cousin joined the Navy became a tiff on Nuclear Subs, day one he signed up for 20 years, me I joined at 17, did 7 years one year boys service, 6 reg I was always taught that from day one of my service, to look after my mates, to use an often used term Band of Brothers, I had lost alot of my belief in that feeling in the current climate, I though was the only one who still had that belief you have restored my faith Stu......Serioulsy Im taking it your a Scot?........have agreat St Andrews Day Nick