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Richard Nelson %
Our Ref; AC/DM/2008-6262CF
Your Ref:
Date: 16 June 2010
Worcester Crown Court
The Shirehall
Foregate Street
WORCESTR
Worcestershire
WR1 1EQ
By Post & Fax:
Dear Sirs,
RE: Julian Wilson — Confiscation Proceedings at Worcester Crown Court
This case was last before the Court on 17” December 2009 for the Final Confiscation
Hearing in respect of the Confiscation Proceedings.
For background information, Mr Wilson pleaded guilty to two counts of False Accounting
at his PCMH on 15" June 2009. He was sentenced on 3” August 2009 to a
Community Order and was ordered to complete 200 hours unpaid work. Mr Wilson
was also ordered to pay the Prosecution’s costs of £3500 but the order was
postponed for a period of 12 months.
The Final Confiscation hearing took place on 17"" December 2009. The Confiscation
Order was agreed with a particular benefit figure of £28,434.95. Mr Wilson’s realisable
assets were agreed at £40,497 and as this exceeded the particular benefit figure, then
the final order was made in the sum of £28,434.95. The court allowed 6 months to
satisfy the Order with the deadline for payment being 17" June 2010.
Mr Wilson has been relying upon the sale of his Post Office in order to satisfy his
Confiscation Order. The Post Office was placed on the market on 30" September 2008
for a value of £95,000. The Property is currently being marketed with Humberstones
Estate Agents and I enclose a copy of the Particulars of Sale as evidence of this. I also
enclose a copy of the Estate Agent’s log detailing the interest that the business
generated.
In February 2009, Mr and Mrs Taylor offered £79,000 and then raised this to £84,000.
However, these offers were not accepted by the Post Office. They then increased their
offer to £90,000 which was accepted by the Post Office. However, they were
subsequently unable to raise the required finance and the purchase therefore fell
through.
Priory Court 1 Derby Road Nottingham NG92TA Telephone 0115 986 3636 Facsimile 0115 986 2626
law@richardnelsonsolicitors.co.uk
Offices also at London Birmingham Manchester Bristol Cardiff www richardnelsonsolicitors.co.uk
Partners: Richard Nelson LLB FRSA Marie Dancer LLB Jonathan Weght LLB
A Further offer was made in February 2009 by Mr Bharat Mistry. He was a sub
postmaster with 30 years of experience at the time and made an offer for £90,000 which
was accepted by the Post Office. He obtained an interview but was turned down by the
Post Office. He has been given no reason for being turned down, despite requesting
this from the Post Office.
The Post Office therefore retains a vast element of control over the sale of Mr Wilson’s
Post Office. They are at liberty to decide at what price the business can be sold for and
turn down potential purchasers who not only have the requisite experience to run the
Post Office but also the available funds.
In order to attempt to make the business more marketable, Mr Wilson has arranged for
the sale price to be lowered to £90,000. Please find enclosed an amended particulars
of sale to evidence this reduction.
However, Mr Wilson also faces further difficulties in selling this business. His financial
situation is grave and he is struggling to meet his living expenses and the operation
costs of running the retail side of the Post Office. He is currently operating the retail
side without receiving any income in order to keep the business in operation and thus
making the business a more marketable asset. The only income that is received is from
his wife, Karen Wilson but this is not even sufficient to cover the mortgage. They have
therefore been reliant upon credit cards to maintain their basis living expenses and to
purchase the stock for the business needed to keep that going
He has therefore ran out of funds needed to pay his accountants for providing the
business’ accounts. His accountant’s are refusing to release the accounts without
payment for their fees, which in turn, is hindering any sale of the Post Office. His Estate
Agents have stated that the business is unlikely to be sold without these accounts.
Mr Wilson understands the seriousness of the consequences facing him should he fail
to satisfy the Confiscation Order and he had firmly believed that the Post Office would
be sold by the current deadline. However, he has realised that this may not happen in
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mediate future and has therefore placed his matrimonial home of
[GRO] on the market for sale and realises that he must do anything to raise the funds
d to satisfy the Order.
However, the sale of the business and/or the matrimonial home will not be completed by
17" June 2010 and we therefore write to request an extension to the time for payment,
for a further 6 months up to the statutory maximum. This will allow Mr Wilson to
continue with his efforts to sell the above named assets.
In support of this application, we enclose the following documentation:
« Estate Agent's log
« Estate Agents Particulars of Sale
« Amended particulars of Sale to confirm reduced sale price
«Letter from Mr Mistry confirming his rejection after interview
« Evidence of Mr Wilson’s financial difficulties
Mr Wilson has faced increasing financial difficulties which have in turn have caused
problems with the sale of the business. Mr Wilson has a unique financial situation in
that one of his assets is a business over which he does not have total control of the
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sale, It must be highlighted, that had the Post Office accepted Mr Mistry's offer then Mr
Wilson would not be placed in this situation.
He therefore requires a further 6 months to continue with his efforts to sell the realisable
assets and we are grateful for the Court’s consideration in this matter.
I can confirm that the Prosecution have been provided with a copy of this letter. I have
asked the Prosecution to confirm, to us and the Court, whether or not they agree to this
application. If it is agreed, can the Court please deal with this application on an ex parte
basis to limit the costs to the public purse?
Many thanks for your assistance.
_-.aucs.faithfully.......
Solicitor
Richard Nelson Solicitors
c.c. Prosecution
Enc: Estate Agent's log
Estate Agents Particulars of Sale
Amended particulars of Sale to confirm reduced sale price
Letter from Mr Mistry confirming his rejection after interview
Evidence of Mr Wilson's financial difficulties