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    • I've also seen it mentioned that the two parts of Ireland becoming closer is concerning HMG.   And that NI still coming under EU rules for trade could be showing that it's better to be in the EU than in Brexit Britain. If people start to think it shows Brexit isn't working, that's going to be a problem for Johnson et al.
    • You won't be able to bring a counterclaim unless you can produce a properly structured assessment of losses or costs or ancillary expenses and you will need to do this by producing at least written assessment et cetera as I have indicated above. Two of them would be much better. A court won't entertain a counterclaim simply based on your own speculation as to your possible costs. I understand very well that your preference would be to write off the entire job including all of the materials that were supplied and for you to recover your outlay for those materials but I think in order to do that you would have to show that you have acquired no value from those materials and once again I think that you would need an expert assessment which explained why the materials were completely wasted and that you would have to start from zero. You can be certain that the claimant will attempt to say that you have received value and in fact that the items which have been supplied or already installed can still be used. I'm afraid that because the attempt to arrange this contract as a cash only agreement inevitably invites the scepticism of the court, I think the court may well be open to consider arguments that the items which have already been supplied are of use to you. If you can get expert confirmation that the supplied materials are now of no use whatsoever, then you will also have to get a quote for uninstalling them and returning them to the claimant. This means that the whole thing is getting even more complicated. I do think that your best interests would be to discuss the matter with your new installer and to see what items which have been already supplied can be used to finish the project – and then to try and deal with the claimant in respect of those on the basis that the case would be withdrawn and everybody would walk away. I think it's time to start abandoning some of this rancour between you because it isn't helping and it won't impress anybody. Don't underestimate the disapproval that will be felt by the court when they get to know about the cash arrangement and this won't be helped by the fact that you then went ahead to try and get receipts. I understand very well that you say that you simply provided money and that in fact you were the purchaser of the items directly from the retailer – but there is no evidence for that and it would be an unusual arrangement and I think the court might express scepticism about that as well. I think we have to bear in mind your credibility in this – and I think that it is rather fragile at the moment. If you came up with a sensible business- like idea about how to put this one to bed and then put it to the claimant and also mention the fact that as he was involved in a cash only transaction, he also might find that he is incurring the displeasure of the court – particularly as he is the claimant, he might feel inclined to try and wrap it all up and bring it to an end. I think the next thing you must do is to get an expert report as I've already suggested above. You will need to do this anyway. If you don't have an expert report then even if you happen to win your argument that there is a breach of contract, the assessment of how much you win will be impossible for the court to decide. The court will absolutely want expert assessments. So you need an assessment as to the work which has been carried out so far and the work needed and costs involved to carry out the job. You need an assessment as to the usability or otherwise of the equipment which has been supplied. At least that for the moment. I don't think it is possible to do much more until you have this information. If you can get the information then we can decide what to do. Obviously I don't know anything about the subject, but I can't imagine that all of the equipment which has been supplied is useless. It could only be useless if you suddenly say that you want an entirely different system of gates – but on that matter, you are bound by your expectation in the contract and you would only be entitled to install a similar system using similar equipment.  
    • I wonder whether part of the UK issue with current NI protocol, is that it is enabling a better trading environment between Ireland and Northern Ireland.     Northern Irish businesses have anticipated import/export issues with Great Britain, so now trade with Ireland or via Ireland.   Apparently reports are that some Northern Irish businesses have seen an increase in trade. It is only businesses that mostly sell British fresh produce that have been affected by border controls  and even then, they could swap to local produce.   Agree that UK Government are using argument with EU as a convenient distraction, but also there must be a worry about increased risk of a united Ireland, as a indirect consequence of Brexit.
    • Fintan O'Toole has an article about the Brexit negotiations and what he thinks HMG's aims are.   Facing chaos and needing a scapegoat, the Tories seek an endless fight with Europe | Fintan O’Toole | The Guardian WWW.THEGUARDIAN.COM The EU’s proposals on the Northern Ireland protocol offered what business leaders wanted, but the prime minister prefers failure and grievance  
    • The carmaking giant is investing £230m in its Halewood plant, safeguarding 500 jobs.View the full article
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Facebook business


sean110869
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Hi my wife purchased a chocolate fountain service for her birthday cost 160.00 pounds individual never turned up nor sent refund. Court cost would be 35.00 is it worth doing has any one sued some one from Facebook before is there any issues in proving the claim etc.  Have copies of all messages and proof payment sent. 

 

 

 

 

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So no chance of chargeback then.

 

Paying by BACS is not a good idea, we have a steady stream of people on here who have been conned and paying by BACS gives them much less chance of getting the money back.

 

From your description of having copies of all messages and proof of payment it seems you would easily win a court claim.

 

The issue is more if you could enforce judgement against this person.

 

Can you name them and give a link to any FB page?

 

We could do with some help from you.

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Of course it is.  As long as you're telling us the truth - which I don't doubt - there's nothing to worry about.

 

The individual might be known to us.

 

Telling us who it is will allow us to see if it's worth you suing or not. 

We could do with some help from you.

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4 hours ago, sean110869 said:

Hi my wife purchased a chocolate fountain service for her birthday cost 160.00 pounds individual never turned up nor sent refund. Court cost would be 35.00 is it worth doing has any one sued some one from Facebook before is there any issues in proving the claim etc.  Have copies of all messages and proof payment sent. 

 

 

 

 

Hi Sean - not sure who your wife is, if you can drop me a message with details on my mobile number or page so I can look into this for you 

 

Don’t appreciate people posting about my children mt home address etc etc and insuinting I am a scam artist and fake and stolen pictures this is not fair by any means. 
 

if you can contact me so I can sort this as stated not sure who your wife is and this post needs deleting 

any bookings I’ve cancelled have been informed and refunded I’ve been diagnosed with Multiple schlerosis and my health has been effected preventing me working 

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Not sure how to use this site bt any means had a message from someone above ^^^^ 

I don’t know who you are Sean I cannot resolve something If I don’t know who your wife is ? 
 

please drop me a message as soon as possible so I can chase your refund that would be appreciate 

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I have removed the post that offended you.

 

If you & Sean can sort things out between you, then great.

 

I'm sure Sean will contribute to the thread shortly.

We could do with some help from you.

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Hi Dave thank you, 

I did get your message on my page …… least think it’s was you. 

 

Hopefully Sean replies back and can get this sorted asap for him 

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  • FTMDave changed the title to Facebook business

Any update sean110869?

 

Have you managed to sort things out amicably with BEC88?

We could do with some help from you.

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So sean110869, what's going on here?

 

Assuming that everyone is who they say they are, you asked for help regarding getting a refund from a seller and the seller has been good enough to join the thread and wants to resolve the matter.  So?

We could do with some help from you.

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1 hour ago, FTMDave said:

So sean110869, what's going on here?

 

Assuming that everyone is who they say they are, you asked for help regarding getting a refund from a seller and the seller has been good enough to join the thread and wants to resolve the matter.  So?


inam still none of the wiser who Sean is nor had any contact from anyone in relation to this - as stated I cannot resolve something without knowing who is who, - 

there’s been a couple of customers awaiting refunds but none of the sum of £160 so that rules those ones out. 

 

Refunds are slightly delayed for some people due to finances, I’ve nothing to “hide” I’m honest enough - with covid and no work for over a year, and then my health impacting things it’s been a nightmare thankfully so many customers are very understanding. 

 

There’s the option if Sean wants to go the legal route that’s absolutely fine and within his rights it’ll be paid regardless

 however not much more I can do unless I hear from him. In relation to this matter, which is a shame as I would like to close this thread down on good terms rather than bad and be tarnished, 

 

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So Sean, you come here saying you've been conned by a FB seller.

 

The seller makes a huge effort to come onto the thread to sort things out with you and you go into radio silence.  Nowt much we can do if you disappear.

 

It seems that the seller has behaved with integrity and is certainly not "tarnished".  I fully admit that I jumped to conclusions and thought this was a scam, for which I apologise to BEC88 with no ifs or buts.

 

If anyone finds this page while Googling for BEC88's business they will see she bent over backwards to find & refund the customer.

 

Over and out Sean.

We could do with some help from you.

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