Declared bankrupt, but the shortfall didn't form part of the bankruptcy, but now the Insolvency service are coming after her, she was discharged in 2012 ? Linked to Post Office.

[nick7602]

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

 

 

[nick7602]

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

 

[Nicky Boy]

Hi Nick,

You mentioned earlier that you had a letter you could upload?

[nick7602]

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

[honeybee13]

I can read it.

HB

[honeybee13]

I'm so sorry you're caught up in all this.

Dan Neidle, the tax campaigner, recently mentioned a group of accountants who are helping SPMs. It mentions tax advice and I don't know if they deal with the kind of problem you have but I think it might be worth asking them. If they can't help maybe they can suggest someone who can.

Don't part with any money.

Tax experts offer free of charge advice to subpostmasters

WWW.ACCOUNTINGWEB.CO.UK

---

Last week I reported on tax concerns [1] for recipients of the Historical Shortfall Scheme (HSS) element of the compensation paid to wrongly...

HB

[dx100uk]

ruddy speculative leeches all these LPA receivers, they never ever change.

and none of the money goes off anything, just in their own pockets...

dx

 

[nick7602]

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.
 

 

[stu007]

Hi

I have just had a good read of that letter and it is actually nothing to do with the shortfall that you paid £1000.

What it is to do with is the claim you are making via the HSS Scheme for the Post Office Compensation due to this shocking scandal which in you case was going back to 2005/2006 approx.

So your HSS Scheme Claim although recent is to do with 2005/2006 and as you went Bankrupt in 2006 and were then Discharged as the Claim as stated is to do with 2005.2006 it is then classed by the Insolvency Service as part of the Estate when you went Bankrupt.

I know its disgusting that a Government Body The Insolvency Service can do this due to the Horizon Scandal but they are also following the Bankruptcy Legislation that's why it got passed onto them when you made the HSS Scheme Claim.

If the Horizon issue is what ultimately led to you having to go Bankrupt (as it probably has with many other) I would as suggested in that letter apply for an annulment.

Importantly I would be showing/forward a copy of that letter to your MP for them to raise this issue further with whoever in Government is dealing with this Post Office/Horizon issue.