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    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
    • That's what keeps divorce lawyers and mediators in work, I suppose. You think he's being unreasonable and he thinks you are.   My gut feeling is that it would be better to have this agreed in writing so it can't be challenged later, but that's just my opinion. Here's more information from the CAB in case it covers something you haven't already considered.   HB
    • Biden doesn't seem bothered about negotiating a trade treaty to suit the UK government's timetable. I don't suppose they saw this coming, not that the amount of trade involved makes up for what's being lost with Europe anyway.   https://www.independent.co.uk/news/uk/politics/brexit-boris-johnson-usa-trade-deal-b1807616.html
    • No we haven’t mentioned divorce yet The fair split is I give him half the equity and anything he wants to take from the house  I just feel he is now being unreasonable because I won’t change my mind and take him back 
    • Hi.   Have you spoken to a divorce lawyer or has your husband? Trying to look at this from the outside, it sounds as if it would be better to agree a fair split according to divorce law rather than deciding between you.   Sadly, once money becomes involved things can become more complicated, but I'd have thought a divorce lawyer would be able to advise.   ETA: Here's some advice from the government.   HB
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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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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You are preaching to the converted here. Sadly I have lots of friends and family in the US who think Biden stole the election. Some are being quite public about it on Facebook.

 

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I am sure you are very clever.  

The entire republican party is corrupt to the core.   We have out issues with our parties here, but damn, the states is basically a clusterf***.  Trumps been c[aught lying, commiting illegal activitie

...and wee Nicola says Trump going to Scotland isn't essential travel and wouldn't be let in.   'Sturgeon said she wasn't clear on the president's travel plans but hoped his immediate travel

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Not all of them, most of my family are democrats die hard. But my wife’s family , the men think Trump is great and that the democrats would do anything to unseat their great leader. I got one friend who is tweeting stupid conspiracy theories also, things like pictures of a grave yard, and jo Biden saying thanks for the votes guys!

 

Although to cheer you up a Reuter’s poll has shown 80% of the US believes Biden won, including 60% of Republicans.

We could do with some help from you.

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Democratic House committee chairmen sent letters Tuesday demanding that the White House and more than 50 federal agencies preserve all records now that Joe Biden is projected as president-elect.

"As the Trump Administration prepares for the transition of power to the new Biden Administration, we write to remind you that all Executive Office of the President employees and officials must comply with record preservation obligations set forth in federal law and preserve information relevant to congressional oversight," the chairmen wrote to White House counsel Pat Cipollone.

nbcnews

"In every respect, he has acted responsibly, legally and with integrity"

Boris Johnson on Dominic Cummings' Covid field trips

 

£288 million pounds a week - The ADDITIONAL cost of Brexit customs bureaucracy alone - stuff that on the side of a bus.

 

Its official: Boris 'The Liar' Johnsons word is not worth the paper its written on

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Thing is, Trump; with the active support of senior Republicans; will soon be setting a precedent for obstructing handover when a president loses to 'the other side' 

not 'quite there yet as bluster and blowharding doesn't cut it, but its skirting it.

 

Not sure about potential charges for abuse of federal process lining up to add to the rest though as Pres can largely order whatever as long as its done properly.

Barr could be in for a world of pain though ...

 

"In every respect, he has acted responsibly, legally and with integrity"

Boris Johnson on Dominic Cummings' Covid field trips

 

£288 million pounds a week - The ADDITIONAL cost of Brexit customs bureaucracy alone - stuff that on the side of a bus.

 

Its official: Boris 'The Liar' Johnsons word is not worth the paper its written on

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He'll probably try to hold out until dec 14th trying whatever he can to:

* try to stay in power by any means

* cast doubt on everything, especially the democratic vote,  and enflame his supporters

* Mess up the transition

* Make it as hard as possible for the next administration

 

I hope he'll fail on all counts.

 

"In every respect, he has acted responsibly, legally and with integrity"

Boris Johnson on Dominic Cummings' Covid field trips

 

£288 million pounds a week - The ADDITIONAL cost of Brexit customs bureaucracy alone - stuff that on the side of a bus.

 

Its official: Boris 'The Liar' Johnsons word is not worth the paper its written on

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https://www.cisa.gov/news/2020/11/12/joint-statement-elections-infrastructure-government-coordinating-council-election

 

Joint Statement from Elections Infrastructure Government Coordinating Council & the Election Infrastructure Sector Coordinating Executive Committees

“The November 3rd election was the most secure in American history. Right now, across the country, election officials are reviewing and double checking the entire election process prior to finalizing the result. 

“When states have close elections, many will recount ballots. All of the states with close results in the 2020 presidential race have paper records of each vote, allowing the ability to go back and count each ballot if necessary. This is an added benefit for security and resilience. This process allows for the identification and correction of any mistakes or errors.

 

There is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised."

 

“While we know there are many unfounded claims and opportunities for misinformation about the process of our elections, we can assure you we have the utmost confidence in the security and integrity of our elections, and you should too. When you have questions, turn to elections officials as trusted voices as they administer elections.”

 

 

The statement’s authors include

the presidents of the National Association of State Election Directors

the National Association of Secretaries of State — who run elections at the state level

and the executive committee of the government-industry coordinating council that includes all the major voting equipment vendors.

"In every respect, he has acted responsibly, legally and with integrity"

Boris Johnson on Dominic Cummings' Covid field trips

 

£288 million pounds a week - The ADDITIONAL cost of Brexit customs bureaucracy alone - stuff that on the side of a bus.

 

Its official: Boris 'The Liar' Johnsons word is not worth the paper its written on

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This is really dragging on, isnt it? Trump's team seem to have moved from trying to get votes disqualified to holding up the results in Wisconsin, Michigan, etc and generally discrediting the result.

Illegitimi non carborundum

 

 

 

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at least he's apparently been blocked from initiating a strike on Iran

"In every respect, he has acted responsibly, legally and with integrity"

Boris Johnson on Dominic Cummings' Covid field trips

 

£288 million pounds a week - The ADDITIONAL cost of Brexit customs bureaucracy alone - stuff that on the side of a bus.

 

Its official: Boris 'The Liar' Johnsons word is not worth the paper its written on

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  • 2 weeks later...

The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.

 

https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount

Illegitimi non carborundum

 

 

 

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You wonder what Trump is up to?  Would the US Supreme Court with Republican Judges holding a majority be able to help undermine democracy ?  I very much doubt they have any grounds to offer Trump any assistance with having some votes cast by post excluded.  Democrats had much more postal votes, so would be harmed, if Judges decided that the elections held in some areas were faulty in some way.

We could do with some help from you.

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29 minutes ago, unclebulgaria67 said:

You wonder what Trump is up to?  Would the US Supreme Court with Republican Judges holding a majority be able to help undermine democracy ?

 

Cant see it myself

 

Ban abortions - yep

Get rid of obamacare - most of it and in stages - yep

Allow the erosion of particular rights via 'local' and indirect actions - absolutely

Blatantly trash the constitution - Nope

 

Johnson and crew has and would (our equivalent) with the MPs they now have

- Trump would if he could - but neither the Senate nor the house of representatives would or will allow it. Thats not to say damage hasn't been done.

 

Even Trump allegedly enabling the alleged Israeli/certain Arab state assassination in Iran doesn't breach the constitution in any way

- quite the opposite.

 

"In every respect, he has acted responsibly, legally and with integrity"

Boris Johnson on Dominic Cummings' Covid field trips

 

£288 million pounds a week - The ADDITIONAL cost of Brexit customs bureaucracy alone - stuff that on the side of a bus.

 

Its official: Boris 'The Liar' Johnsons word is not worth the paper its written on

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This is very powerful, I think. Top election official from Georgia asks Trump and two Georgia Republican candidates for the Senate to tell their supporters not to commit violence.

 

And he has a go at the Trump lawyer who said the head of Cisa should be shot. I agree with him, it's all wrong.

 

https://twitter.com/i/status/1333919015174098950

 

Illegitimi non carborundum

 

 

 

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Georgia is still the remaining battle ground to be won or lost

https://www.theguardian.com/us-news/2020/nov/09/stacey-abrams-georgia-senate-run-off-election

 

 

"In every respect, he has acted responsibly, legally and with integrity"

Boris Johnson on Dominic Cummings' Covid field trips

 

£288 million pounds a week - The ADDITIONAL cost of Brexit customs bureaucracy alone - stuff that on the side of a bus.

 

Its official: Boris 'The Liar' Johnsons word is not worth the paper its written on

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Seem Bidens confirmed that he wont be in any hurry at all to sign a deal .. with anyone

 

Rumour has it that he thinks he can get most of what he wants without committing to very much at all as a number of the brexit MP's want to ship in US food at a profit and cheaper than UK prduced meat which will only be for the wealthy tables

 

.. with not a thought for the US'S use growth promoting products banned in the EU including  bacitracin with its tendency to create antibiotic resistant bacteria - even resistant to antibiotics of last resort.

Edited by tobyjugg2

"In every respect, he has acted responsibly, legally and with integrity"

Boris Johnson on Dominic Cummings' Covid field trips

 

£288 million pounds a week - The ADDITIONAL cost of Brexit customs bureaucracy alone - stuff that on the side of a bus.

 

Its official: Boris 'The Liar' Johnsons word is not worth the paper its written on

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This is just so appalling. Trump is pardoning all and sundry who know him and also trying to pre-pardon people for future offences or court cases, for whatever.

 

But he's trying to speed up executions and reintroduce even more horrible ways of killing people, regardless of the circumstances of their conviction, before he leaves office.

 

The contradiction is shocking, I think it could be the worst thing he's done.

 

https://www.theguardian.com/commentisfree/2020/dec/03/donald-trump-pardons-family-clemency-death-penalty

Illegitimi non carborundum

 

 

 

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and Trumps heading for Georgia, presumably to 'help those Republican incumbents he is constantly stating presided over a criminally corrupt/incompetent election that let Biden 'steal the vote

By blowing more of the same obnoxious wind, or alternatively admitting that he was BS'ing and that the incumbant Republicans are competent and worth voting for

 

.. wonder which?

"In every respect, he has acted responsibly, legally and with integrity"

Boris Johnson on Dominic Cummings' Covid field trips

 

£288 million pounds a week - The ADDITIONAL cost of Brexit customs bureaucracy alone - stuff that on the side of a bus.

 

Its official: Boris 'The Liar' Johnsons word is not worth the paper its written on

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na

they didn't get the infection rate up high enough in the area and need to ensure it's the state that pushes the daily infection rate above 3000 per day else their master  plan of killing 5000 citizens each day and be able to blame all the deaths on biden won't succeed.

 

his tack is to get the death rate consistently above his rate in every month for a good 1yrs then go for kicking biden out in the midterm elections.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Trump only cares about himself and he can’t face the fact he’s going to be irrelevant in 50 days. I don’t get it myself , in my wife’s family who are nearly all in America, all the men vote for Trump. The women quietly roll their eyes and vote Democrat!

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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17 minutes ago, dx100uk said:

na

they didn't get the infection rate up high enough in the area and need to ensure it's the state that pushes the daily infection rate above 3000 per day else their master  plan of killing 5000 citizens each day and be able to blame all the deaths on biden won't succeed.

 

his tack is to get the death rate consistently above his rate in every month for a good 1yrs then go for kicking biden out in the midterm elections.

 

Self defeating if it kills mostly rabid Trumpian rebublicans

 

err Forget I said that.

"In every respect, he has acted responsibly, legally and with integrity"

Boris Johnson on Dominic Cummings' Covid field trips

 

£288 million pounds a week - The ADDITIONAL cost of Brexit customs bureaucracy alone - stuff that on the side of a bus.

 

Its official: Boris 'The Liar' Johnsons word is not worth the paper its written on

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