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POL00166833
From: Zoe TophamI
Sent: Tue 25/05/2010 1
To: Robert Dailyf,
Ce: Mandy Talbot
Subject: Re: Fw: Paible - Branch code 147869 - William John Quarm
Attachment: pic06030.gif
Robert
French Duncan is the Trustee who are dealing with Mr Quarm's bankruptcy, sorry I though you had heard of
them as they deal with most of the Scottish cases. Yesterday I gave Mr Kennedy a ring to speak to him about
the form & explained the situation with the PF. Mr Kennedy advised me to fill in the form anyway as he stated
Mr Quarm has no money/assets to pay the £27,000.00 , he has some property to sell ( which has been for sale
since he filed for bankruptcy) no interest has been forthcoming as it is in a remote place (North of Scotland).
I filled in the creditors form yesterday & sent it to Mr Kennedy, let me know if you want his number to contact
him regarding the information he told me regarding the repayment of £27,000.00.
kind regards
Zoe
DER obert Daily
To: Zoe Topham/e/POSTOFFICE} (DC) I
Robert Daily ce: Mandy Talbot/e/POSTOFFICH ____ GRO a
Subject: Re: Fw: Paible - Branch code 147869
25/05/2010 09:39 William John Quarm
Zoe
I'm at a loss who Barry Kennedy or what the form is. Can you scan it and email it to me?
The Lead Team were copied in to inform them of the progress, ultimately the final decision rests with the PF.
The last communication I had with Mr Teale was that Mr Quarm's Solicitors had come back with an offer of
£27,000. Mr Teale indicated that he was inclined to accept it even though I did stress that we were looking for a
full recovery.
The case has been adjourned again until June and no PO Ltd personnel have been called. As such it looks as
though we will be receiving £27,000 only.
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Regards
Rabert
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Fraud Investigator - Fraud Strand Gra EVIN
SI: Post Office Ltd Security Team, Security Room, Paisley Delivery Office, 62 Underwood Road,
Paisley, PA3 TN
Mobex 3 robert dailvd
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Bizoe Topham
Zoe Topham To: Robert Daily/e/POSTOFFICE
ce: Mandy Talbot/e/POSTOFFICK G RO
24/05/2010 15:16 Subject: Fw: Paible - Branch code 147869 = William
John Quarm
Robert
I was sent a claims form from a Barry Kennedy (French Duncan) to fill in regarding the above, I did forward a
copy to Mandy for her advise because apparently someone has put a claim in on behalf of POCL and I wasn't
aware who (on behalf of POCL) had been dealing with this.
The question is do we fill in the form when you are dealing with this already with the PF Mr Teale?
Also could you update me on the latest progress on what the Lead Team decided.
Kind regards
Zoe
----- Forwarded by Zoe Topham/e/POSTOFFICE on 24/05/2010 15:04 -----
To: Mandy Talbot/e/POSTOFFIC
Robert Daily ce: Jacqueline
, Whitham/e/POSTOFFICE
14/04/2010 14:54 Topham/e/POSTOFFICE,
Subject: Re: Paible - Branch code
John Quarm
Mandy
Mr Quarm was reported to the PF in April 2009 and the debt emerged prior to the bankruptcy. He went into
bankruptcy the month after he was originally interviewed (07/08/08).
I am just off the phone with Mr Teale (PF) and has stated that the original amount may be due to was is left after
the assets have been liquidated. He also said ultimately the final decision is his and he can accept the original
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amount, however he has agreed to go back to Mr Quarm's solicitor and request an increased amount.
I think it is now time to put this forward to the Lead Team to discuss.
Regards
Rabert
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Fraud Investigator - Fraud Strand ra EVIN GROI =)
[): Post Office Ltd Security Team, Security Room, Paisley Delivery Office, 62 Underwood Road, Stop the ertme
Paisley, PA3 1TN
Bi robert daily
@
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EiMandy Talbot
To: Robert Daily/e/POSTOFFIC
Mandy Talbot ce: Jacqueline
Whitham/e/POSTOFFIC
14/04/2010 11:51 Topham/e/POSTOFFIC a:
Subject: Re: Paible - Branch code 147869 - William
John Quarm
Robert
Ordinarily with a civil bankruptcy the Trustee tries to liquidate what he can in that year to pay off the secured
creditors and if there is anything left distribute it pro rata amongst the unsecured creditors. I assume that the
debts owed to POL were created prior to the date of the bankruptcy. Any debt which emerged before the
bankruptcy cannot be pursued after the bankruptcy is discharged because it wipes the slate clean. It may be that
there are different rules in place in Scotland and for this reason we will need to obtain an advice from Scottish
Lawyers on these points before you can respond. I know that Zoe has a number of questions surrounding the
affect of bankruptcy in Scotland on our ability to recover money and is compiling a list of questions which shoe
would like answered in any advice provided.
Usually the cost of litigation in Scotland is much more expensive that in England & Wales. We do not have
statistic on the number of civil cases which result in recovery. They are comparatively rare.
If you can agree between you that we are authorised to incur the cost of going to externals for a brief advice I
would be happy to arrange the same. Can you advise if our own legal services prosecution team is aware of this
case.
The exchange puzzles me somewhat because Quarm if not I believe offering to pay the lesser sum of money back
to the business? As such if he claims to have no assets why does he care what the sum of the charge is to be for.
Of course if the loss arose after the bankruptcy was discharged then he has a motive in trying to reduce the value
of the charge as much as possible because you will presumably be seeking a compensation order for the sum of
the charge. Even if you are not should the matter then be referred to LS to take civil proceedings we will use the
certificate of conviction with the sum of the charge on it as part of our evidence.
Regards
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Mandy Talbot
Dispute Resolution
Company Secretary's Office
Royal Mail Legal Services
100 Victoria Embankment
London
EC4Y 0HQ
Postline: + Mobile
External Email: mandy.talbot(, "GRO.
PXRobert Daily
Robert Daily To: Mandy Talbot/e/POSTOFFICE}
ce: Jacqueline
14/04/2010 09:51 Whitham/e/POSTOFFICE@ 3, Zoe
Topham/e/POSTOFFICEG
Subject: Paible - Branch code 147869 - William John
Quarm
Mandy
I have received correspondence from David Teale, Procurator Fiscal, Lochmaddy. He has been approached by
the defence solicitor acting for Mr Quarm offering, on behalf of his client, to plead guilty to the charge but with
the sum embezzled restricted to £24,000. The sum charged was £40,277.76.
I contacted Mr Teale and discussed the matter. He is inclined to accept the plea, citing Mr Quarm's age and
health. However in fairness he wanted to give the business the opportunity to discuss the situation. He is also
aware that Mr Quarm had been granted sequestration. This was granted on 19/09/2008 as was his wife Anne's.
(links below).
Before I approach the Security Senior Lead Team with this I was hoping you may assist with some information.
When someone enters sequestration, they do so for a year then are 'released'. What then happens with their
assets? At interview Mr Quarm declared he had assets of around £300k, including two plots of land beside his
home address value £50k (on market for £25k each at time) and two building areas and agricultural areas value
£80k.
The final say will rest with the Procurator Fiscal and his approach to ourselves is welcome, as there are a few
who would make the decision without consulting us.
What would be the approximated cost if we took civil action against Mr Quarm for the full amount, if contested
and how often are we successful?
My thoughts are to go back to Mr Teale and ask Mr Quarm's solicitors to up the ‘offer’ to £30,000. Your opinion
on this would be appreciated.
http://www.edinburgh-gazette.co.uk/issues/26528/notices/2518-310/all=quarm
http://www.edinburgh-gazette.co.uk/issues/26528/notices/2518-307/all=quarm
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I've copied Jacqui and Zoe in for information.
Regards
Robert
Paisley, PA3 1TN
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Fraud Investigator - Fraud Strand ira EVIN
(Si: Post Office Ltd Security Team, Security Room, Paisley Delivery Office, 62 Underwood Road,
Bi robert daily
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