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    • Okay make sure that you understand the steps involved in taking a small claim in the County Court. Make sure that you are comfortable with the procedure. Draft a letter of claim and post it here. Letter of claim should simply give them 14 days to produce the new unit to you or else you will sue them. Point out that if you have to sue them that you will also claim for the storage fees of a useless cooker which has been declared as irreparable by the engineer. Do you have anything in writing that confirms that it is irreparable? If you do then you should enclose a copy of this with the letter of claim.
    • You have it in writing that they say that they obtained a signature? Do you have in writing that you were going to receive a full refund?
    • The first thing is that you only declared the value at £500. This is the maximum that you will be able to claim. If you had a look at some of the Hermes stories on the sub- forum, you will find at this point comes up again and again. I've already repeated very often that a contract is an exchange of reasonable expectations. They reasonably expect to receive a certain amount of money from you. You reasonably expect your parcel to be delivered. You declare a certain value for your parcel. They undertake to shoulder that risk as part of their contractual obligation. You can't declare a value of £500 and then later on say will actually you are carrying something of £800 – and then later on say well I made a mistake it's actually £1200. Also, I'm sorry to say that it's crazy that you are now saying that you only declared £500 because you didn't expected to be lost. Big Fail! You may as well say that you didn't bother to look both ways before you cross the road because you didn't expect to get hit by a car. Let's face it if you had realised that the parcel was going to get lost – would you have sent it at all? You might as well say "I sent the parcel to someone because I didn't expect it to get lost". It would be absurd if you said "I expected it to get lost, but I decided to send it anyway…" The fact of their insurance et cetera is neither here nor there. Once again, you haven't done the reading of the sub- forums because otherwise you would know this and you would understand the principles. I do understand fully that you've only just joined the forum and you may not have fully had time to understand exactly what is going on – but I'm afraid, in order to bring legal actions against someone, you have to be fully prepared and you have to understand the arguments that you are going to be making. You don't seem to have done that. We happy to help you is that you're going to have to put in some of your own time now to start reading up the principles. Understand the argument that the insurance is unfair because it is absurd to require you to insure yourself against the negligence or criminality of the service provider. You have paid them to do a job and they should do that job. They have accepted your parcel value £500 – and that is what they must pay you. There is no reason for you to accept anything less than £500 plus all the other costs that you incurred such as delivery or insurance costs et cetera – not to mention your court costs. This should be a red line and you should tell the mediator tomorrow that you won't accept anything less than £500 – the declared value, the courier fee, any insurance fee that you paid, plus all of your court costs. Did you claim interest? You should have done – but if you didn't you won't be able to add it on now.   Taking a small claim against a company like Hermes is really quite straightforward but you need to take a little care. Maybe you're going to tell us that you didn't bother to find out about the law involved because you didn't expect to have to bring the claim. Bravo!
    • I'm just starting to have a look at this A huge amount of what you put is totally unnecessary. Surely we can summarise this into a small enough paragraph to allow it to fit into the basic moneyclaim limit? Also, I don't know where you get the defamation stuff from. Leave it out. It lacks credibility, just complicates your life. Deal with one issue at a time More tomorrow
    • Here are the Particulars of Claim for the OD:   Name of the Claimant ? Hoist finance UK holdings   Date of issue – 05 May 2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted>   The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.     The claimant claims The sum of £2291 Costs   What is the total value of the claim?    Account Claimed £2291 Court Fee – £105.00 Legal representation - £80   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No (did inform Lloyds, not Hoist) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft   When did you enter into the original agreement before or after April 2007 ? after    Do you recall how you entered into the agreement...On line /In branch/By post ? In branch   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser has issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019   Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.   In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this CCJ claim).   What was the date of your last payment? 2014   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter a debt management plan? No
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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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How to show foreign loss on tax return


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Hi

I have posted previously re a debt my son has in Dubai

 

He was self employed while out there for 5 months.

We have now come to do his tax return and I would like to know if we can show this debt as a loss on the return. ?

Thanks in advance.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?480103-dubai-debt-and-CWD

Edited by Andyorch
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that is not a loss that is claimable as it is nothing attributable to his business.

Same as I cant claim for all those lottery tickets that didnt win against tax

 

The loan was for accommodation (year in advance rent paid as is normal in Dubai) The job he had supplied accommodation for 1st month then he was responsible for finding his own . Surely therefore it is a business cost as if nowhere to live couldn't fulfil contract ?

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No it isnt. Everyone has to live somewhere, they have to eat, wear clothes etc so none of these things are tax deductable. It is now clear he wasnt even self employed so wouldnt be able to claim things that may be claimable if he was.

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No it isnt. Everyone has to live somewhere, they have to eat, wear clothes etc so none of these things are tax deductable. It is now clear he wasnt even self employed so wouldnt be able to claim things that may be claimable if he was.

 

Yes he was self employed He did have a contract but was responsible for his own tax That said you are right re being unable to claim for accommodation as confirmed today by HMRC so for that I thank you

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you had better go and read up on UK tax law as it applies to expatriate workers and the read about what is considered employment and what is self employment. As he was abroad he wouldnt be able to claim anyway. He was responsible for his own tax because you dont get taxed as a foriegn worker in Dbai but you still have UK tax liabilities unless you become domiciled elsewhere rather than just a resident

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