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: Re: Post Office Group Litigation: Flowcharts [WBDUK-AC.FID26896945]
Date: Mon, 17 Dec 2018 16:06:52 +0000
Importance: Normal
Inline-Images: image001.png; image002.png; image003.png
The edit did not come through. I struck through the words “of the debt” in the last line, so it reads “suspend
collection until the dispute is resolved”.
Owain Draper
One Essex Court, Temple
EC4Y 9AR
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From: Dave Panaechi
Date: Monday, 17
To: Owain Draps
3 David Cavende:
Gideon Cohen
Andrew Parsons {
Subject: RE: Post Office Group Litigation: Flowcharts [WBDUK-AC.FID26896945]
Owain,
Am I misreading something? Your draft below appears identical to Freeths.
When we agree these flowcharts, can your clerks file them together with the Aussie submission?
Dave
Dave Panaech
Associate
Womble Bond Dickinson (UK) LLP
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Sent: 17 December 2018 15:54
To: David Cavender; Dave Panaech; Gideon Cohen
Cc: Amy Prime; Andrew Parsons
Subject: Re: Post Office Group Litigation: Flowcharts [WBDUK-AC.FID26896945]
Broadly, but it is contrary to our pleading - GDXC, para. 43(3). It is a disputed debt.
How about this: “(2) A corresponding debit or credit is made in the SPM's customer account with Post
Office. Ifa debit, this will be treated as a debt by Post Office unless the SPM contacts NBSC to lodge a
dispute, which should suspend collection of the debt until the dispute is resolved”
That side-steps the semantic point and prevents the Judge saying that we have changed our case!
Owain Draper
One Essex Court, Temple
EC4Y 9AR
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www.oeclaw.co.uk<http://www.oeclaw.co.uk><http://www.oeclaw.co.uk/>
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Date: Monday, 17 December 2018 at 15:50
Owain Draper!
3 Andrew Parsons! on GRO
: Flowcharts [WBDUK-AC.FID26896945]
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I think they are correct on this.
Best,
Dz.
David Cavender Q.C.
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Temple
London EC4Y 9AR
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From: Dave Panaech ;
Sent: 17 December 2
To: David Cavender
Gideon Cohen
Ce: Amy Prime/ -
Subject: FW: Post Office Group Litigation: Flowcharts [WBDUK-AC.FID26896945]
All,
Please see below from Freeths. Any thoughts?
Dave
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Dave Panaech
Associate
Womble Bond Dickinson (UK) LLP
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From: Stephanie Jamesoi
Sent: 17 December 2018 15:42
To: Dave Panaech; Andrew Parsons; Jonathan Gribben; Amy Prime; Emma Campbell-Danesh; Victoria
Brooks; Michael Wharton; Anna Martin; Lucy Bremner; Beth Hooper; Katie Simmonds; Charlie Temperley
Cc: James Hartley; Imogen Randall; Chloe Oram; Nicola Pettit; Francesca See; Miranda Bond; Angélique
Richardson
Subject: RE: Post Office Group Litigation: Flowcharts [WBDUK-AC.FID26896945]
GRO
Dear Sirs,
We believe the position on the evidence, was that an amount settled centrally but disputed, results in
collection of the debt being suspended, but factually a debit is considered by Post Office to be a debt. We
propose the wording below, which we believe fairly reflects this.
(2) A corresponding debit or credit is made in the SPM's customer account with Post Office. If a debit, this
will be treated as a debt by Post Office unless the SPM contacts NBSC to lodge a dispute, which should
suspend collection of the debt until the dispute is resolved."
Otherwise we are willing to agree your position for the sake of ensuring agreed documents can be filed as
was clearly the Judge’s preference.
Please could you confirm by return that this is all now agreed, and then arrange to file with the Court before
4pm.
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Yours faithfully
Freeths LLP
From: Dave Panacch {_
Sent: 17 December 2 5
To: Stephanie Jameson I" - _ GRO _
i GRO : Jonathan
I Michael Wharton
~ GRO “ ___: Anna Martin
‘GRO _ __--... Luey Bremner {~~ GRO. i
GRO. ~I Beth Hooper I GRO J ~
Gk _ } Katie Simmonds
Francesca See
ssiisininnninsrinninictninarinncinenincineieneie + Miranda Bond
—— os : + Angélique Richardson
i _. “GRO __
Subject: RE: Post Office Group Litigation: Flowcharts [WBDUK-AC.FID26896945]
Dear Sirs,
We refer to your letter dated 17 December 2018.
The Branch Trading Statement flowchart is agreed.
Regarding the Transaction Correction flowchart, your amendments are agreed save for changes to the "Settle
Centrally box". Your proposed change is not neutral and is inconsistent with Post Office's case that TCs may
be disputed. We propose the following wording for the box;
"Settle Centrally"
(1) A credit or debit entry for value of the TC is made in the SPM's branch account; and
(2) A corresponding debit or credit is made in the SPM's customer account with Post Office. If a debit, this
will be treated as a debt by Post Office unless the SPM contacts NBSC to lodge a dispute."
Please confirm your agreement to the above and if so please amend the flowchart accordingly.
In your letter you asked requested evidential references with regards to the effect of the Seek Evidence
option. Please see F4/21/11.
We do not think it would be helpful to submit two TC flowcharts to the Judge as it would be confusing to the
Judge. Please confirm you agree.
Yours faithfully
Womble Bond Dickinson
Dave Panaech
Associate
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From: Stephanie Jameson I
Sent: 17 December 2018 13:04
To: Andrew Parsons; Jonathan Gribben; Amy Prime; Emma Campbell-Danesh; Victoria Brooks; Michael
Wharton; Anna Martin; Dave Panaech; Lucy Bremner; Beth Hooper; Katie Simmonds; Charlie Temperley
Ce: James Hartley; Imogen Randall; Stephanie Jameson; Chloe Oram; Nicola Pettit; Francesca See; Miranda
Bond; Angélique Richardson
Subject: Post Office Group Litigation: Flowcharts
Dear Sirs
Please see attached.
Yours faithfully
Freeths LLP
Stephanie Jameson
Solicitor
[Freeths Website]<https://www.freeths.co.uk/>
Freeths LLP
Floor 3, 100 Wellington Street
Leeds LS1 4LT
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