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    • Yea I thought as much, |'ll wait knowing I have done the necessary prep for when to get the process going, just realised I didn't add the court fees £60.00 in to my particulars of claim so I've added that in now as well.    The claimant used the defendant's courier service to deliver an item, value – £530 to a UK address. Reference number xxxxxxx. The defendant breached the contract by losing the item and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy. The defendant's requirement that a customer is responsible for insuring themselves against the defendants own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks £530, delivery fee £5.09, court fees £60.00: £595.09 The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 22/03/2021 to 11/04/2021 on £535.09 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.11.
    • i believe thats ok let @Andyorchcheck it over mind   dx  
    • here comes £25..you have to wait sadly before issuing your letter of claim.
    • god don't waste money on gyms nor court. please stop being conned by terms in a contract that is neither legally enforceable nor cast in any type of contract law stone.   quite the opposite..gyms have not done court since their miserable attempt to enforce them since 2012, when a judge ruled they were not entitled to any remaining contractual payments until end of contract.   dear sir  with regard to my membership number xxx of gym xxxx at (location)   i hereby demand you cancel my contract forthwith.   i shall not be entering into any further communications upon the matter by whatever method.   thank you for you time    
    • this was the last communication I've had from Packlink on 8/04/2021:   Dear, After completing the investigation with the carrier the shipment has been confirmed as lost. I am writing to let you know that the dossier has been transferred to the Claims department for the final evaluation. · PACKLINK ORDER: xxxxxx · SHIPPING LABEL: xxxxxxxxxx · CARRIER NAME: hermes_uk · CLAIM TYPE: Loss · CLAIM STATUS: Investigation complete/Transferred to claims department What happens now, when I will receive the compensation? The Claim Department will now analyse the documents and evidence provided and give you an answer as soon as possible. From this communication we aim to settle to your claim within 30 days. In Packlink we do everything we can to resolve all the claims with the insurance company and/or the carrier as quickly as possible. However, keep in mind we need to contact the carrier to verify the liability for the incident, and to report the outcome and/or respective liquidation of the case.     the last communication I had from from Hermes 7/04/2021: Reference: xxxx Parcel ID: xxxxxx Subject: Hermes email enquiry   You recently requested assistance through our online support pages. Below is a summary of your request and our response.   To access your question from our support site, click here     Response By E-mail (Angela Olroyd) (07/04/2021 11.17 AM) Dear $contacts.name.first $contacts.name.last,      Thank you for advising us that your Packlink parcel $incidents.c$parcel_id has not been received by G Hughes. I apologise for the delay in my response to you.     I am so sorry that you were not provided with the information that you require to make a claim.     I’m truly sorry this situation has occurred, and I want to support you by advising you of the speediest course of action to resolve it.      Please contact Packlink to submit a claim, letting them know your parcel was confirmed as lost in Hermes’ network. You can do this by clicking here https://support.packlink.com/Claims       I can assure you this is not the norm as we usually deliver over 1 million parcels successfully, every day.       If your recipients won’t be home to take delivery of your parcels in the future, they can choose a preferred neighbour or safe place to leave your parcel here https://new.myhermes.co.uk/track.html. That way, we can make sure it gets to them, even if they're not home.   If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.      Kind regards,       Angela / Ext 2346  Hermes Customer Services            Am I right to wait for Packlink to confirm the value for compensation before I send Hermes the Letter of claims? or should I go ahead and issue it right away now?     Thank you for the updated particulars of claim I have saved it in the money claims site ready to go on day 15 once letter of claims has been issued
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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Self employed employee won't give me her tax code


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Hi hope you can help :|

 

A friend of mine works as a seemstress she is Bulgarian & employs a few members of staff to help her in her busy shop. All her employees work as self employed. In October 2015 she employed a woman who doesnt speak English who lives with her daughter who speaks adequate English. My friend asked this person many times to provide her with her tax & NI number so that she could register her for tax. Cut a long story short she refused to give it to her eventually resulting in my friend refusing to pay her the last months wages until she supplied her with the necessary information required. Apparently this women does not want to give her the necessary information because she lives with her daughter who is getting benefits (housing benefit & child benefits) & these benefits will be reduced if the income is declared.

 

Does anyone have any ideas what to do here :decision:

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If she employs people then I fail to see how they can then be classed as self-employed? If indeed they are self-employed then there is no need to provide any information as they will be responsible for paying their own Tax & NI.

 

https://www.gov.uk/new-employee/overview

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two wrongs dont make a right. Dismiss the person and sort out the proper regulation of her employees as that is what they are. There are 2 classes of employee, one of those is known as "worker" and they have less rights or responsibilities, such as zero hours contract people, casuals, agency staff etc. She will need to read up on it if she is to avoid problems.

Ultimately she will have to pay the person something for the work done but as she clearly doesnt have a clue about employment or contract law she should take proper advice first.

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  • 2 months later...

A bit of a late contribution from me ..............

 

If the workers come into her shop to work, they are employees without a doubt.

 

YF could easily be held accountable by HMRC for any tax and Class 1 NI Contributions that she's failed to deduct from their earnings.

 

She should seek advice from a suitably knowledgeable or qualified professional to discuss her options.

 

:-)

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I think that there may be big right to work issues with all of the parties involved as well as possible benefits fraud, tax avoidance etc. No doubt the well meaning OP will have passed back the advice and got silence in return

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