Assistance
Having visited this website, you will be aware of the Group Litigation in the High Court against Post Office Limited. The Court has now closed this action to new applicants wishing to join. The information on this page has been prepared to assist those who are experiencing problems with Post Office but have not joined the Group Litigation.
- Please Note - If you are one of the Claimants in the Group Litigation working with Freeths LLP, you should contact them directly on 0113 246 2169 to discuss your issue.
- If you are NOT a Claimant in the Group Litigation, but have been affected by any of the issues below, you should still contact Freeths LLP on 0113 246 2169 to discuss your issue. However, Freeths LLP is unlikely to offer any legal advice or representation at this time, but will register your details in order to contact you should a future opportunity to bring a claim arise.
If you are experiencing problems with Post Office and you find:-
1. Post office is conducting an ‘audit’ of my branch
(NB ‘audit’ – What Post Office refers to as an ‘audit’ bears no relationship to what professional accountants or qualified auditors would recognise as being acceptable. It is little more than a stock check carried out by Post Office personnel who are unlikely to be found to be qualified auditors)
There are a number of reasons why Post Office may decide to undertake an audit of a branch, and quite often these ‘audits’ are carried out without any prior notice. Typically, Post Office’s ‘auditors’ will ask you to give them access to any secure area, including the safe, in order that they can count all cash and stock in the Branch.
If they have descended on you, ask Post Office’s ‘auditors’ to explain the reason why they have turned up at the branch and why an ‘audit’ is being undertaken. Make a physical note of their reply. Also note down the names of the ‘auditors’ for your records and ensure you have undertaken the security checks.
It is very important, that if possible, you stay with the ‘auditors’ throughout the ‘audit’ so that you can verify what they record. If the ‘auditors’ refuse to allow you to be present, make a note of this.
Note taking. It is vital that you to make a running note of the ‘audit’, jotting down what is said by the ‘auditors’, what questions they ask you (together with your response), what documents they ask to examine. Take copies of documents if you can and note any other key points from the ‘audit’, including making a note of times. This note is for your own records, and therefore the ‘auditors’ are not allowed to take this from you.
If the ‘auditors’ inform you that the accounts are showing a loss/shortfall then you should do the following;
There are a number of reasons why Post Office may decide to undertake an audit of a branch, and quite often these ‘audits’ are carried out without any prior notice. Typically, Post Office’s ‘auditors’ will ask you to give them access to any secure area, including the safe, in order that they can count all cash and stock in the Branch.
If they have descended on you, ask Post Office’s ‘auditors’ to explain the reason why they have turned up at the branch and why an ‘audit’ is being undertaken. Make a physical note of their reply. Also note down the names of the ‘auditors’ for your records and ensure you have undertaken the security checks.
It is very important, that if possible, you stay with the ‘auditors’ throughout the ‘audit’ so that you can verify what they record. If the ‘auditors’ refuse to allow you to be present, make a note of this.
Note taking. It is vital that you to make a running note of the ‘audit’, jotting down what is said by the ‘auditors’, what questions they ask you (together with your response), what documents they ask to examine. Take copies of documents if you can and note any other key points from the ‘audit’, including making a note of times. This note is for your own records, and therefore the ‘auditors’ are not allowed to take this from you.
If the ‘auditors’ inform you that the accounts are showing a loss/shortfall then you should do the following;
- Ask Post Office to investigate the cause of the alleged shortfall, including any potential problems with Horizon (make a note of Post Office’s response and the time and date of your request).
- Ask Post Office for copies of all of the relevant documents and/or information about the alleged shortfall, including the ‘audit’ report, either to be provided at the end of the ‘audit’ or as soon as possible after the ‘audit’ (make a note of what Post Office’s response to this is).
- Ask for a full breakdown of the alleged shortfall to be provided to you as soon as possible.
- Ask about the next steps going forward, especially with regards to any suspension/termination and recovery of the alleged amount outstanding (it is suggested that you do not make good the alleged shortfall until a full investigation into the cause of the alleged shortfall has been undertaken).
- Ask for everything to be confirmed and communicated to you in writing going forward.
- Put your requests in writing (email/letter) even if you have already asked for the information verbally, and confirm what you have asked for in an email/letter sent to Post Office at the end of the ‘audit’.
- Keep copies of all letters / emails / communications from Post Office.
2. Post office has suspended my contract.
JFSA recommends that you seek legal advice in relation to this and therefore suggest that you contact a local solicitor. You should also make that solicitor aware of the current Group Litigation against Post Office. If you need help finding a solicitor, visit http://solicitors.lawsociety.org.uk/.
The below are key pointers to take note of if your contract has been suspended:
The below are key pointers to take note of if your contract has been suspended:
- Ask Post Office to confirm the suspension in writing, giving clear reasons for the suspension and citing their contractual right to do so.
- If you have a related business (such as a retail shop) that relies on the post office business for footfall, consider asking Post Office to appoint a temporary Subpostmaster during your suspension so that business can continue.
- If Post Office refuse to appoint a temporary Subpostmaster, ask for this in writing together with its reasons for doing so.
- If Post Office does appoint a temporary Subpostmaster, request that they pay a reasonable rent to you for use of your premises.
- If Post Office states that your suspension is in relation to alleged shortfalls, request that a full investigation is carried out into the cause of the shortfalls and that any investigation should include potential errors generated by the Horizon system, again put this in writing to Post Office.
- If equipment and records are removed, ask Post Office to provide a list of items removed and confirm that you can have copies and that access will be given to the documents for your solicitors or other appointed advisors.
- Ask Post Office for regular updates of its investigations, putting your requests in writing.
3. Following Suspension POst office has invited me to attend an ‘informal meeting’
In the normal course of business there are a number of reasons why Post Office may ask you to attend an ‘informal meeting’, such meetings are typically with your Contract Manager and are meant to be an opportunity for you to discuss practices at your Branch. However, following suspension, make sure that any invitation to attend such a meeting is given in writing.
The JFSA has always recommended that you do not agree to attend such a meeting without legal representation. If you need help finding a solicitor, visit http://solicitors.lawsociety.org.uk/ (noting that you should select the 'legal issue' as 'dispute resolution').
Should Post Office refuse to allow you to bring a legal representative to the meeting, ask Post Office to give that refusal in writing and provide written explanations as to why this refusal has been given. Once again, put that request in writing to Post Office.
Below are some tips for you to bear in mind when attending the meeting:
The JFSA has always recommended that you do not agree to attend such a meeting without legal representation. If you need help finding a solicitor, visit http://solicitors.lawsociety.org.uk/ (noting that you should select the 'legal issue' as 'dispute resolution').
Should Post Office refuse to allow you to bring a legal representative to the meeting, ask Post Office to give that refusal in writing and provide written explanations as to why this refusal has been given. Once again, put that request in writing to Post Office.
Below are some tips for you to bear in mind when attending the meeting:
- JFSA recommends you prepare a written statement ahead of the meeting, outlining your account of what happened at the Branch to the best of your knowledge (often Subpostmasters do not know exactly what may have happened). This will allow you to collect your thoughts and may be handed to Post Office in the meeting (be sure to keep a copy). However, you should seek your solicitor’s advice on this.
- Take a recording device to the meeting (most smartphones have this facility). Ask Post Office if it agrees for the meeting to be recorded. If yes, record the meeting on your device. If no, ask Post Office to put this refusal in writing and take detailed notes of what is said throughout the meeting.
- Please note that the process of recording the meeting does not make this an interview under PACE (Police and Criminal Evidence Act). An interview under PACE is in relation to criminal allegations (see section 4).
- Make detailed notes throughout, including names of people in attendance, dates and times.
- If Post Office asks a question that you are not comfortable or confident answering, make a note of the question and tell Post Office that you will respond at a later date,
- If Post Office asks you to make any payment of alleged shortfalls, we suggest that you do not agree to do so until a full investigation into the cause of the alleged shortfall has been undertaken.
- Be aware that any comments or answers given by you, regardless of whether such comments are made innocently, may be used against you by Post Office at a later date. Therefore think carefully about what you say.
4. Post office has invited me to attend an 'interview under caution' / an interview with the Security team.
If Post Office has asked you to attend an interview under caution with the Security team, it means that it is looking into possible criminal offences at your branch. It is very important that you approach a criminal solicitor immediately. You should not agree to attend any such interview without legal representation.
If you need help finding a solicitor, visit http://solicitors.lawsociety.org.uk/ (noting that you should select the 'legal issue' as 'crime').
These interviews are usually recorded. When in the interview, ensure that all discussions with Post Office are on tape, and if anything is said 'off the record' by Post Office, make a note of it, and request a copy of the recording and transcript.
If you need help finding a solicitor, visit http://solicitors.lawsociety.org.uk/ (noting that you should select the 'legal issue' as 'crime').
These interviews are usually recorded. When in the interview, ensure that all discussions with Post Office are on tape, and if anything is said 'off the record' by Post Office, make a note of it, and request a copy of the recording and transcript.
5. POst office is chasing me for 'repayment' of an alleged shortfall / discrepancy which I do not agree with
JFSA suggests that you do not make good the alleged shortfall until a full investigation into the cause of the alleged shortfall has been undertaken. Therefore, if you receive a letter / email / call / visit from Post Office when you are asked to pay any monies in relation to an alleged shortfall, we suggest that you respond as follows:
- Ask Post Office to put the demand for payment in writing.
- Respond to any letter explaining that you dispute liability for the alleged shortfall.
- Ask Post Office to provide you with evidence of the alleged shortfall being a 'real loss' to Post Office.
- Ask Post Office to provide you with evidence of how the alleged shortfall arose.
- Ask Post Office to provide you with copies of key transactional data, including NBSC logs, logs of transaction corrections and copies of any ‘audit’ reports.
6. POst office has terminated my contract
JFSA recommends that you seek legal advice in relation to this and therefore suggest that you contact a local solicitor. If you need help finding a solicitor, visit http://solicitors.lawsociety.org.uk/.
The below are key pointers to take note of if your contract has been terminated:
The below are key pointers to take note of if your contract has been terminated:
- Ask Post Office to confirm the termination in writing, giving clear reasons for the termination and citing its contractual right to do so.
- Ask Post Office to provide evidence in support of the termination.
- Ask Post Office for information on how to appeal the termination, if you do not agree with the decision.
- Issue an appeal of termination, if you do not agree with the termination.
- In order to formulate the appeal, ask Post Office for evidential documents in support of its decision. Such documents may include ‘audit’ reports, copies of recordings of any meetings, NBSC call logs, training records, breakdown of any alleged shortfalls and breakdown of any payments made by you to Post Office.
Other issues
(Including, but not limited to, disputes relating to Network Transformation, remuneration and/or annual leave cover)
As you will be aware, Freeths LLP are engaged to undertake the Group Litigation against Post Office Limited. The funding which has been raised to take this legal action forward only extends to those already registered as a Claimant. This action closed to new applicants during November 2017 and unfortunately this means that Freeths LLP are not in a position to take on any further cases for this action. However, as has been previously mentioned, it is recommended that you register your details with Freeths LLP in order for you to be contacted, should there be an opportunity to bring a further claim in the future.
If you are having other issues with Post Office, the JFSA recommends that you seek legal advice and representation. Some local solicitors will offer free initial consultation sessions, so you should start by looking at local firms. If you need help finding a solicitor, visit http://solicitors.lawsociety.org.uk/.
Generally, JFSA recommends that your office keeps a log book by your phone to record details of any support calls, queries or visits by POL and the outcome of any advice given by Post Office. This would be your own personal log and Post Office would not have the right to view it or take it away as part of 'branch records'. It might seem to be just more paperwork for the sake of it, but it does ensure that you have your own trail of communications.
(Including, but not limited to, disputes relating to Network Transformation, remuneration and/or annual leave cover)
As you will be aware, Freeths LLP are engaged to undertake the Group Litigation against Post Office Limited. The funding which has been raised to take this legal action forward only extends to those already registered as a Claimant. This action closed to new applicants during November 2017 and unfortunately this means that Freeths LLP are not in a position to take on any further cases for this action. However, as has been previously mentioned, it is recommended that you register your details with Freeths LLP in order for you to be contacted, should there be an opportunity to bring a further claim in the future.
If you are having other issues with Post Office, the JFSA recommends that you seek legal advice and representation. Some local solicitors will offer free initial consultation sessions, so you should start by looking at local firms. If you need help finding a solicitor, visit http://solicitors.lawsociety.org.uk/.
Generally, JFSA recommends that your office keeps a log book by your phone to record details of any support calls, queries or visits by POL and the outcome of any advice given by Post Office. This would be your own personal log and Post Office would not have the right to view it or take it away as part of 'branch records'. It might seem to be just more paperwork for the sake of it, but it does ensure that you have your own trail of communications.
If you are a serving Subpostmaster who is having problems with Post Office and its Horizon system, contact us, or if you know of others who have previously had problems, please make them aware of our website and then it is up to them to decide whether or not to make contact.