POL00107462 - Letters between Gerry A Hayes, Alan Bates and C.W Burton regarding losses and gains Statement of outstanding debt - Alan Bates

Evidence on official site

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Mr A Bates

Subpostmaster Craig y Don sonnen Sra Post Cot
2 Queens Road

Craig y Don

LLANDUDNO

LL30 1AZ

16 July 2001
Dear Alan
Cash Account Loss £1041.86
Ihave received correspondence from the Management Information Support Duty
in Birmingham advising me that they now require repayment for the loss of
£1041.86 currently held in Table 2a of your Cash Account.
Unfortunately neither the visits from Selwyn Berry and Ki Barnes nor the pension
& allowance checks carried out for the problematic weeks, revealed specific

reasons as to how the resultant loss of £1041.86 initially occurred.

I would therefore appreciate if, as a matter of some urgency, you could advise me
of your proposals to now make good the loss.

Yours sincerely.

Gerry A Hayes _
Retail Network Manager

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Mr A Bates

The Subpostmaster
Craig-Y-Don Post Office

21, Queens Road, Craig-Y-Don
Llandudno, Conwy

LL30 1AZ

06 March 2002

Dear Mr Bates
Re: Aged Shortage - Horizon Case Write-Off

“an essential part of everyday life” www.postoffice.co.uk
e . OFFICE: Craig-Y-Don SPSO OFFICE CODE: 461 614

First of all I would like fo apologise for the length of fime it has taken to
resolve this maiter. It has been necessary to formulate a consistent
approach for all such cases,

Post Office Lid has received from you a short report setting out your i
Tteasons why you do not accept liability for the shortage of £1,041.86p
at your post office. .

After due consideration of the facts surrounding the loss and of your
report, Post Office Ltd has decided to take no further action in respect
of the loss at your post office which will be written off. This decisian has
been made without prejudice fo Post Office Ltd's rights to recover any
future losses at your post office for which you may be liable under the
contract for services and does not affect any future liability you may
have for such losses,

So 7 To enable me to monitor progress for all such losses could you please
complete the section on the next page. Once the loss for £1,041.86p
has been cleared from your suspense account, you must return the
whole letter to me in the self addressed envelope provided. (A copy of
this letter is enclosed, for retention at your office).

If I do not receive a reply from you by 22 March 2002 then it will be
necessary for me to contact you to ascertain what the delay is.

Page 1 of 2 post Office td
fe Vay , st Office Lc
. Mike Wiairowicz Registered in England Number. 2154540
Management Information Registered Office: Gavrelle House, 214 Bunhill Row
London ECIY 811Q
4HQ ‘The Post Office and the Post Office symbol are

“ registered wade matks of Post Office Lidia the
J UK and other counties.

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Page 2 of 2
Re: Repayment by Deduction from Remuneration

Thank you for your co-operation in.this matter

Mike Wiatrowicz
Management Information Support

Post Office Ltd

Finance

Management Information
Lionel House

86 Lionel Street
BIRMINGHAM B3 1HQ

Telephon GRO I

Facsimile:

Craig-Y-Don SPSO

461 614

I have received a Write Off Authority Voucher to the value of
£1,041,86p which has been cleared from my suspense account on

(date)...
appropriate m manner in cash account week number...

Signature

Print Name

-. and the voucher has been cleared in the

Datestamp

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. 2 A Celtic Court

; : . Tremains Road

IN-CONFIDENCE 7 7 BRIDGEND .-
Mid Glam

Mr A. Bates: CF31 1TZ

Subpostmaster

Craig Y Don Post Office

21 Queens Road

Llandudno

LL28 4PS

44" April 2003

“rhan hanfodol o fywyd bob dydd” www.postoffice.co.uk

an essential part of everyday life” www.pusto

Losses and Gains
Dear Alan,

Further to our conversation, you confirmed that you have been rolling over losses and
gains for the past two years or more. I was unaware of this practice taking place at Craig
Y Don and acknowledge your comment that you wrote to the Post Office regarding
Horizon, losses and gains over two years age, and that to date you have not received any
reply or ‘acknowledgment.

I am now instructing you, that with immediate effect, your are required to make good the
outstanding loss and to cease with this current practice of rolling over any losses and
gains.

Please be advised that Subpostmasters are responsible for all lossés cdused through
their own-negligence, carelessness or error and also for losses of all kinds caused by their
assistants. Deficiencies due to such losses must be made good without delay. With regard
to gains, surpluses may be withdrawn provided that any subsequent charge up to the
amount withdrawn is made good immediately.

Thank you

Yours sincerely ~

Retail Line Manager

Swydatfat Post Cyf, Wedl' Goftestru yn Lloegr. Rhif: 2154540

Swydafa Goftestredigr Tj Gavrelle, 2-14 Bunhill Row, Llundain ECIY 8HQ
Mae Swyddfa'r Post a symbol Swyddfa't Post yn nodau masnach

i Swyddfa'r Post Cyf yn y Deynas Gyfunof ac mewn gwledydd eraill

Post Office Ltd, Registered in England Number: 2154540

Registered Office: Gavrelle House, 214 Bunhill Row, London EC1Y BHQ.
The Post Office and the Post Office symbol are registered trade marks
of Post Office Ltd in the UK and other countries,

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Celtic Court
Tremains Road
BRIDGEND
CF311TZ

2 May 2003

Mr A Bates

Craig y Don Post Office®

21 Queens Road

Llandudno

LL28 4PS

“rhan hanfodol o fywyd bob dydd” warw postofice co ut

@ anessential part of everyday life” www postoifice co ul,

Dear Mr Bates,

RE: LOSSES AND GAINS

Thank you for your letter of the 16 Apri! 2003, the content of which has been noted.

Nevertheless, I must point out that you are Bound by the Terms and Conditions of your

Coniract for Services, which was acknowledged by you on the 31 March 2003, when

accepting your appointment.

To this effect you are charged with ensuring that all accounts entrusted to you are kept

in the form prescribed by Post Office Ltd, by using the approved accounting system i.e

Horizon, and therefore, in the event of any losses occurring these should be made good
e without delay (Section 12, paragraph 4, Section 12, paragraph 12 refers).

Accordingly, failure to comply with these obligations can be construed as a Breach of
Contract, which could ultimately put your Contract for Services ‘at risk’.

wt

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I would therefore, request that you acknowledge the content of this letter within 10 days
of its date of posting, confirming that your accounts are being maintained in the correct
fashion. Which would also include adhering to the proper procedure in respect of
making good your losses, as per your Contractual Obligations.

Yours sincerely,

MIKE WAKLEY
Retail Line Manager

To: MIKE WAKLEY
Retail Line Manager

e note the contents of this letter and confirm that my accounts are being
maintained in the correct fashion

Signed: .

Date eee eer cence

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Mr Mike. Wakley Alan Bates
Post Office Limited The Wool Post
Celtic Court Craig-y-don Post Office
Tremaines Road Queens Road
BRIDGEND LLANDUDNO
CF31 1TZ L130 1AZ,
15" May 2003
Reference: Losses and Gains
Dear Mr Wakley

With regard to your letter dated 2 May 2003, I presume the Terms and Conditions of my Contract
of Service you refer to are those I acknowledged on the 31 March 1998 and not 31 March 2003 as
stated in your letter.

You refer me-to section 12 of that contract “The Subpostmaster is responsible for all losses caused
through his own negligence, carelessness or error, and also for losses of all kinds caused by his
Assistants. Deficiencies due to such losses must be made good without delay.” You rightly point
out that I have agreed these terms and I can confirm I would gladly make good any losses caused in

these manners, But I can see nothing in this clause which states that I am also liable for data 1am
unable to check. °

Taken to an extreme, if the Horizon system said I owed £1,000,000 you would say I would have to
make good the loss without delay and without question.

There is no way I will agree to be held responsible for data I have input until such time as I am able
to access the data that I am being asked to be responsible for. In trying to state that I have
acknowledged such things in the Terms and-Conditions of my Contract of Service you are in effect
purporting to vary this contract.

As we are talking about matters contractual I would also draw your attention to item 4.5, and
reference is also made in item 4.4 of the Conditions of Appointment for Craig Y Don Sub Post Office
included in the Contract of Service. This relates to the National Lottery playstation which was
already installed and operational when we took over the business. The Post Office removed the
machine at the end of January 1999 despite all my protests both written and verbal about the loss of
revenue they were going to cause me, about how it had been part of my business plan revenue
projection, of how we had doubled the turnover of the terminal in the few months we had been in
office. I presume the Post Office will now be returning the terminal to us and making good the loss
of income we have incurred during the period we were without the terminal.

Finally, in respect of an issue I raised with you in my letter dated 3" December 2003, namely
recovering the financial shortfall from the private side of our business due to Post Office Limited’s
actions. Our accounts are currently with the firm of Chartered Accounts we use, who are preparing a
statement on the level of shortcomings we have incurred. It will be significant and we will be
looking to recover that lost income swiftly. In the meantime I would appreciate it if you would

ascertain to whom the correspondence should be directed, in order to minimise the delay in meeting
oGPslaim..Or would it be better to address it to you?

GRO

_ter Craig-y-Don Post Office

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oe . of Celtic Court
. Tremains Road
IN CONFIDENCE BRIDGEND
Mid Glam

Mr A. Bates CF31 17Z

Subpostmaster

Craig Y Don Post Office

21 Queens Road e

Llandudno

LL28 4PS

4" June 2003

“than hanfodol o fywyd bob dydd” www.postoffice.co.uk

« »

en essential part of everyday life’ www.postoffice.co.uk

Reference: - Losses and Gains
Dear Alan,

I have Carefully consideréd the explanations offered by you in your reply of 15" May
2003, about your failure to make good losses as required under the terms of your
contract for services, Section 12 Paragraph 12 refers. However I do not consider
that thes@ explanations justify your continued failure to make good such losses. I
feel theréfore that I must give you a final opportunity to comply with the terms of your
contract for services.

The letter you received from Mike Wiatrowicz, Management Information, Birmingham
dated 6" March 2002, clearly stated:

Se ‘After due consideration of the facts surrounding the loss and of your report,
Post Office Ltd has decided to take no further action in respect of the loss at
your post office which will be written off. This decision has been made without
prejudice to Post Office Ltd’s rights to recover any future losses at your post
Office for which you may be liable under the contract for services and does not
affect any future liability you may have for such losses.’

Swyddfa'r Post Cyf. Wed’ Gofrestru yng Nohymry a Lloegr. Rhif: 2154540
Swyddfa Gofrestredig: 80-86 Old Street, Llundain ECIV SNN

Mae Swydafa'r Post a symbol Swyddfa'r Post yn nodau masnach

i Swyddfa'r Post Cyf yn y Deyrnas Gyfunol ac mewn gwledydd erall.

Post Office Ltd. Registered in England and Wales number: 2154540.
Registered Office: 80-86 Old Street, London ECIV 9NN

‘The Post Office and the Post Office symbol are registered trade marks
of Post Office Ltd in the UK and other countries,

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You must clearly understand that unless you comply with these terms and make the
losses good immediately and cease the practice of rolling over losses and gains, I
will have to seriously consider the termination of your contract for services by means
of three months notice.

Please sign and note one copy of this letter and return to myself at the above
address by Friday 13" June 2003.

A second copy is enclosed for your retention.

Yours sincerely

Mike Wakley
Retail Line Manager
Post Office Ltd

To; MIKE WAKLEY
Retail Line Manager

ed note the contents of this letter and confirm that my accounts are being
maintained in the correct fashion

Signed: eee

Date eee cece se ser aera

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2A Thy OUP (b
8 Aug
Private and Confidential 2s Spt
2% Nov
Mr A. Bates, Ue Tan OF

The Chocobox,
Carmen Sylva Road,

LLANDIDNO, '
Conwy

LL30 1EQ ce
2\ May 2004

Dear Mr Bates,

FORMER SUBPOSTMASTERS ACCOUNT
CRAIG Y DON POST OFFICE
FAD CO: 61/614

Jam writing to you regarding the repayment of deficiencies found in
the accounts of Craig Y Don Post Office whilst you were sub-
postmaster,

The sum of £1407.38 is due to Post Office Limited to clear the
account.

{have enclosed attached a copy of the statement of errors detailing
how this amount is made up.

As you are liable to make good any losses incurred during your term
of office it would be appreciated if you could forward a cheque for the
full amount made payable to Post Office Ltd, or submit your realistic
proposals for repayment of the debt to the address below.

Should you have any queries regarding this account you can contact
me at the address shown.

A prepaid envelope is enclosed for your convenience

Moaare-cinoanalst. nnn

Clive Burton

Agents Debt 3 / Former Sub Postmasters Accounts,
No 1 Future Walk

Chesterfield

$49 1PF

Telephone Number:

Post Office kid

Registered in Fingland Number: 2154540

Registered Office: 20-88 Old Street, London, ECIV SPP

The Post Office and the Post Oltice symbot are revistered trade marks
of Post Office Lid in the UK and other counties

475

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Private and Confidential

Mr A. Bates,
The Chocobox,
Carmen Sylva Road,
LLANDIDNO,
Conwy
LL30 1EQ
215" May 2004

Dear Mr Bates,
FORMER SUBPOSTMASTERS ACCOUNT

CRAIG Y DON POST OFFICE
FAD CODE: 461/614

lam writing to you regarding the repayment of deficiencies found in
the accounts of Craig Y Don Post Office whilst you were sub-
postmaster.

The sum of £1407.38 is due to Post Office Limited to clear the
account.

I have enclosed attached a copy of the statement of errors detailing
how this amount is made up.

As you are liable to make good any losses incurred during your term
of office it would be appreciated if you could forward a cheque for the
full amount made payable to Post Office Ltd, or submit your realistic
proposals for repayment of the debt to the address below.

Should you have any queries regarding this account you can contact
me at the address shown.

A prepaid envelope is enclosed for your convenience

Nours.sincerelv.....

GRO

Chive Barton ”
Agents Debt 3 / Former Sub Postmasters Accounts,
No 1 Future Walk

Chesterfield

S49 1PF

Post Office Lid

Registered in England Number: 2154540

Registered Office: 80- 86 Old Street, London, ECV 9PP

‘The Post Office and the Post Office symbol are registered trade marks
of Post Office Lid in the UK and other countries

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FOSACS Former Subpostmasters Accounts Page: 1

STATEMENT OF OUTSTANDING DEBT I Asat: 21/09/2004 10:24

Name: MR ALAN BATES

Office: CRAIGYDON Code: I

Appointed: 07/05/1998

Account closed: 05/11/2003

Reason Left: Other Reg Papers:

Error Date Error Type Charges Allowances
05/11/2003 Final Cash A/c balance 1,227.61

OTHER ERRORS

22/10/2003 GIROBANK ERROR 50.00
0/11/2003. + PROMOTIONAL VOUCHERS 24.30 ‘
01/10/2003 TRAVEL INSURANCE 20.00

05/11/2003 1ST RATE CURRENCY SERVICE 36.99

05/11/2003 PENSIONS & ALLOWANCES 45.95

15/10/2003 PENSIONS & ALLOWANCES 102.53

Actual Balance Outstanding Due To SPMR_ Due From SPMR.

1,407.38

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Private and Confidential
Mr A Bates,
21 Queens Street,
Craigydon,
Llandudno,
LL30 1AZ.
21st September 2004
Dear Mr Bates;
FORMER SUBPOSTMASTERS ACCOUNT
CRAIGYDON POST OFFICE
By. a / 16
1
lam writing to you regarding the repayment a deficiency found in the
accounts of Craigydon Post Office whilst you were sub-postmaster.
The sum of £1,407.38 is due to Post Office Limited to clear the
account.
I have enclosed attached a copy of the statement of errors detailing
how this amount is made up.
As you are liable to make good any losses incurred during your term
of office it would be appreciated if you could forward a cheque for the
full amount made payable to Post Office Ltd, or submit your realistic
proposals for repayment of the debt to the address below.
Should you have any queries regarding this account you can contact
me at the address shown.
A prepaid envelope is enclosed for your convenience
poe XQUES. SINCETELV. nny
GRO Po.
Clive Burton .
Agents Debt 3 / Former Sub Postmasters Accounts,
No 1 Future Walk
Chesterfield
S49 1PF
Telephone Number: I
Post Office Ltd
Registered in England Number: 2154540 :
Registered Office: 80 - 86 Old Street, London, EC1V 9PP I
‘The Post Office and the Post Office symbol are registered trade marks
of Post Office Ltd in the UK and other countries

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REMINDER

Private and Confidential

Mr. A Bates,

21, Queens Street, .
Craigydon,

Llanddudno,

LL30 1AZ

24th November 2004 _.

Dear Mr Bates,

FORMER SUBPOSTMASTERS ACCOUNT
CRAIG Y DON POST OFFICE
FAD CODE: 461/614

I wrote to you on 21st September 2004 regarding the repayment of a,
deficiency in the accounts at Craig Y Don Post Office whilst you were
Sub Postmaster.

As we have received no reply from you to date I have to remind you of
your legal liability to make good any losses incurred during your term
of Office.

Would you now kindly give this matter-your urgent attention and
forward a cheque for £1,407.38 made payable to Post Office Limited
or, alternatively, submit your realistic proposals for repayment to the
address below within the next 14 days.

Should you have any queries regarding this account you can contact
me at the address below.

I have enclosed a prepaid envelope for your convenience.

Agents Debt Team 3/ Former Sub Postmaster Accounts
No 1 Future Walk

Chesterfield

S49 1PF

Post Office Ltd
Registered in England Number: 2154540
Registered Office: 80- 86 Old Street, London, EC1V SPP
‘The Post Office and the Post Office symbol are registered trade marks I
of Post Office Ltd in the UK and other countries i

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Private and Confidential

Mr. A. Bates,

21, Queen Street,
Craigydon,
Llandudno,

LL30 1AZ

26" January 2005
Dear Mr. Bates,

FORMER SUBPOSTMASTERS ACCOUNTS
CRAIG Y DON POST OFFICE

1am writing to you for payment of £1,407.38 being the sum you owe in respect of
accounting errors found in the accounts of Craig Y Don Post Office during your
term in Office.

As you are no doubt aware, as subpostmaster you are responsible for all losses
caused through your own negligence, carelessness and error and also losses of all
kinds caused by your assistants and deficiencies due to such losses must be made
good without delay. Furthermore your duty to make good all shortages does not
cease upon leaving Office and, therefore, I must ask you to forward a remittance in
payment for the total sum of £1,407.38 within 14 days from the date of this letter.

I have previously written to you on 21* September 2004 and again on 24"
November 2004 requesting repayment of the above sum but to no effect.

In the circumstances, if you fail to comply with this request within the prescribed
limit, legal proceedings will be issued against you forthwith to recover the sum due
together with interest and cost of such action without any further reference to
you.

(trust that such action will not be necessary and I look forward to receiving your
payment or your proposals in repaying this sum within the next 14 days.

Post Office Limited,

Agents Debt Team 3/ Former Subpostmasters Accounts,
No 1 Future Walk,

CHESTERFIELD

Keqisterd office £0 86 O'd Sirozt London, ECIV ENN
‘The Fost Office and te Past ide masks of Post G'Pce Lid i te UK end etter courte
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1 ze5 buthonty, Reg.stred in Enslend no 2124201 Keqricred Office Bnstol & Wost pe, One Tempe Back East, Terep's Quay, Grist! BST EDX
\s edmmimstered by BISL Lerited, who are cuthons/d cad requlated by the Financial Services Authonty Registered n England No 3231094
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wun.postoffice.co.uk

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7
y

Catherine Churchard LLB Sat both
Solicitor & Legal Services Director SEAT

T
13 April 2005 .
Mr A Bates Legal Services
21 Queens Street Impact House
Craig y don 2 Edridge Road
LLANDUDNO Croydon
LL30 1AZ CR9 1PJ

Tel: 020 8681 9246 ~

Our ref: LIT/248629/MD Fax: 020 8681 9365
Your ref: Mobile:
Dear Sir

Re: Craig-y-Don Post Office

We have been instructed by Post Office Ltd in relation to an outstanding debt owed by you to Post Office
Ltd of £.1,407.38.

The claim relates to deficiencies in the accounts of Craig-y-Don Post Office while you held the office of
Sub Postmaster under a contract for services with Post Office Ltd.

Under the contract for services you are responsible for all losses occurring as a result of the acts or
omissions of yourself or your assistants. Deficiencies due to such losses must be made good without
delay and your responsibility for the losses does not cease when your appointment as Sub Postmaster
finishes.

You are, therefore, contractually liable to repay to Post Office Ltd the sum of £1,407.38. We should
therefore be grateful if you would let us have your proposals for repayment of the sum due.

Unless we hear from you within 14 days from the date of this letter, we will seek Post Office Ltd’s
instructions in relation to the issue of proceedings against you in the County Court for recovery of the sum
due. If proceedings are issued against you and Judgment obtained, you will also be liable to pay interest
on the sum due and solicitors costs. I

We trust this will not be necessary and look forward to hearing from you within the next 14 days.

Marilyn Drawwater
Legal Executive
Litigation Division

marilyn.drawwatet_
© Royel Mail 2002 - Pago Tort"

GRO I

4128203

Roy Gatronae.msct

Reg vend al

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Private and Confidential

Mr A Bates,
21 Queens Street,
Craigydon,
Llandudno,
LL30 1AZ,
218 September 2004

Dear Mr Bates;

FORMER SUBPOSTMASTERS ACCOUNT
CRAIGYD OST OFFICE
FAD CODE: 461/614/6

Tam writing to you regarding the repayment a deficiency found in the
accounts of Craigydon Post Office whilst you were sub-postmaster.

The sum of £1,407.38 is due to Post Office Limited to clear the
account.

I have enclosed attached a copy of the statement of errors detailing
how this amount is made up.

As you are liable to make good any losses incurred during your term
of office it would be appreciated if you could forward a cheque for the
full amount made payable to Post Office Ltd, or submit your realistic
proposals for repayment of the debt to the address below.

Should you have any queries regarding this account you can contact
me at the address shown.

A prepaid envelope is enclosed for your convenience

Yours.sincerely... a
Clive Burton
Agents Debt 3 / Forraer Sub Postmasters Accounts,
No 1 Future Walk

Chesterfield
S49 1PF

Telephone Numberi,
Post Office Ltd
Registered in England Humber, 2154540

476

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Private and Confidential POS ir
Mr. A. Bates, OFFICE Jf !

21, Queen Street,
Craigydon,
Llandudno,

LL30 1AZ

26" January 2005
Dear Mr. Bates,

FORMER SUBPOSTMASTERS ACCOUNTS
CRAIG Y DON POST OFFICE

lam writing to you for payment of £1,/407.38 being the sum you owe in respect of
accounting errors found in the accounts of Craig Y Don Past Office during your
term in Office.

As you are no doubt aware, as subpostmaster you are responsible for all losses
caused through your own negligence, carelessness and error and also losses of all
kinds caused by your assistants and deficiencies due to such losses must be made
good without delay. Furthermore your duty to make good all shortages does not
cease upon leaving Office and, therefore, I must ask you to forward a remittance in
payment for the total sum of £1,407.38 within 14 days from the date of this letter.

Ihave previously written to you on 21* September 2004 and again on 24”
November 2004 requesting repayment of the above sum but to no effect.

In the circumstances, if you fail to comply with this request within the prescribed
limit, legal proceedings will be issued against you forthwith to recover the sum due
together with interest and cost of such action without any further reference to
you.

{trust that such action will not be necessary and I look forward to receiving your
payment or your proposals in repaying this sum within the next 14 days.

Post Office Limited,

Agents Debt Tear 3/ Former Subpostmasters Accounts,
No 1 Future Walk,

CHESTERFIELD

S49 1PF

wri postoffice.co.uk

480

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