Post Office ltd closed my business - say its now £15k short - Claimform received

[Shanidev]

I ran a Post Office till 2006.

 

This was a period when Post Office Ltd was closing down whatever they could.

 

at the last Audit they found a discrepancy of around £3500.

 

I wasn't present at this Audit.

 

They tied to discuss this audit while I was driving to meet a flight.

I said I could not discuss anything until I got back.

They will not take no for an answer and I said in that case you do whatever you wan to do.

 

They closed the Post Office and that was £150,000 down the drain that I had spend modernising it.

Delays in their winding down procedures cost another £15,000.

 

I was paying back on a monthly basis and had paid off 50% and then I lost my job and offered to pay £1/month.

 

They accepted and now I have had their solicitor's letter that says:

 

"The current arrangement can continue subject to review as required.

Our client will issue court proceedings to secure debt.

Assuming you file no defence to the claim our client will proceed to obtain judgement against you and may enforce judgement in due course"

 

What does it mean and what can I do to defend myself considering the rogue handling of the audit (they had done one 2 weeks before this one as well)

 

Thanks in advance for everyone's help.

[dx100uk]

who are the sols please

 

 

 

 

we need more info

 

 

dx

[fkofilee]

Sounds like usually spiel and saying what will happen if you dont attend.

DX is right. If you can, scan the letter too

[Shanidev]

who are the sols please

 

 

 

 

we need more info

 

 

dx

 

Dacbeachcroft

[Shanidev]

Here is the scanned letter. Another question 'Should I respond to the letter?'

[dx100uk]

so they are waving their arms wanting a CCJ and prob then a charging order

 

 

I don't like the way it refers to your dismissal

when, from what I read and quite honestly believe

they closed the business and were prob going to that regardless.

 

 

if you've got all the paperwork from years ago....

pers I'd be defending this

 

 

it a shame you've made payments all these years

as it would be well statute barred by now.

 

 

I expect the 'shortfall' was nothing of your doing either

you've just been lumbered with it..

[Shanidev]

so they are waving their arms wanting a CCJ and prob then a charging order

 

I don't like the way it refers to your dismissal

when, from what I read and quite honestly believe

they closed the business and were prob going to that regardless.

 

if you've got all the paperwork from years ago....

pers I'd be defending this

 

it a shame you've made payments all these years

as it would be well statute barred by now.

 

I expect the 'shortfall' was nothing of your doing either

you've just been lumbered with it..

 

True but at the time I was fast running out of cash and did not defend or anything.

 

 

Post Office were and probably still are a law onto themselves.

 

 

Anyway, fast forward to now

 

 

'Should I write to Dacbeachcroft to say I sahll be defending it?'

[dx100uk]

any claim will be vigorously defended.

 

 

dx

[Shanidev]

I have now received claim through CCMCC (PO Box 527, Salford M5 0BY).

 

 

Claim is dated 17th June, 2015 (Form N1) but

 

 

I received it last week because our place has builders in and post comes via next door neighbor.

 

 

They claim £1600+£1200 interest at 8%+court/legal fees of £200. (Reason: shortage in audit, suspension and dismissal)

 

 

They have chosen court in Bristol which is around 200 miles from where I am.

 

 

It was a heavy handed vendetta by Post Office that cost my business and put me in red by over £175,000.

 

 

I spoke to their solicitors who said the court action is on hold while we try and reach settlement.

I don't know why they have gone to Salford when they are based in Bristol.

 

now that I have received this County Court claim what do I need to do?

 

 

Do, I acknowledge it or get into a dialogue with their solicitors?

Or should I counter claim losses incurred?

 

How do the 14 day and 28 day deadlines work? All advice gratefully received. Thanks

[dx100uk]

moved to legals

 

 

can you fill this in best you can please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[Ganymede]

Complete the above link.

 

Don't worry about Salford, all claims like this need to be issued out of the bulk centre there now. You can request that the claim is moved to your local Court at the allocation stage.

[AndyOrch]

Thread moved to General Legal Issues

[obiter dictum]

You are aware there is currently a major investigation going on as to these touch pad machines. People have been prosecuted and lost their business because of this and only now investigations are ongoing. That might be enough to suspend the calim until a decision is made

 

Back in 2006 did you have one fitted??

The software was not all it was cracked up to be when introduced.

 

I will dig up the details for you

[obiter dictum]

http://www.ft.com/cms/s/0/89e1bdf6-7fb1-11e4-adff-00144feabdc0.html#axzz3eYEdUYsP

[Shanidev]

Thanks capquest worst knightmare for your reply; it is very much appreciated.

 

 

I have been busy dealing with the court papers and their solicitors.

Yes, we did have Horizon and even at that time I felt the software was 10 years too late.

 

 

Field management agreed with me that it was using technology of yesteryear and was buggy and rushed.

Higher management was arrogant to say the least.

 

 

I could not help finding problems with it (my background was software Project Management-QA) hoping that they will take feedback on board.

They in turn increasing felt I was bane in their lives.

 

 

When we decided to modernize the place they underestimated disruption by 70% and arrogantly stuck to it costing me goodwill/business

and threats of violence and actual vandalism by locals.

 

They ultimately closed PO - and dragged process to 6 months (PO's draconian procedures) despite me begging them to give me their decision quickly.

Even the investigators (privately) thought what was happening did not make any business sense.

In short, they throttled me slooooow...ly

 

I have written to them giving my side of the story viz.

, that I was not present,

my offer of stepping down was ignored

and that it cost me £165,000 net.

 

 

Their response came back today saying the debt is still payable and have sent me 10+ pages asking me to tell them about my financial health.

I don't want this agony any longer.

I don't have the money to pay it all.

If I had the money I would pay them just to get rid of them and get some peace in life.

 

 

9 years later and I just about earn enough to pay my bills.

Court proceedings are on hold pending agreed settlement.

 

I am at a loss as to what I can do.

 

 

Any thoughts or advice would be greatly appreciated.

[steampowered]

On the main claim, I assume they are claiming for discrepancies found in the audit.

 

The first thing you need to do is carefully read the audit provision in your franchise agreement to see what it says about how an audit should be conducted, to establish whether or not the post office complied with the contract. You also need to establish what the contract says about how discrepancies should be dealt with. The whole thing will be governed by the exact wording in your contract and so it is pointless for us to guess what the contract says.

 

Why do you say there was 'rogue handling' of the audit - what does this mean?

 

On the counterclaim you are considering, what do you mean they 'closed down' the post office? What exactly happened and how did that cost you £150k - presumably you could have sold the building or the lease?

 

In any event you are running out of time. Pay attention to the deadlines on the form - I am assuming you have acknowledged service; you must now be running out of time to file your defence. If you want to defend this you need to get your defence in quickly to avoid a default judgment against you which would scupper any chance of defending this.

 

If you don't fancy fighting this in court or if you lose in court I'd speak to national debtline to see what can be done, as this would then essentially become a debt issue.

[Shanidev]

I don't think I can lay my hands on these documents except to say that I was not present.

 

In terms of loss - refurbishment cost 125K plus 40K interest repayment... sold building bare because the buyer want none of the fittings. Court proceedings are on hold and I have complied with all deadlines.