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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finish the project – and then to try and deal with the claimant in respect of those on the basis that the case would be withdrawn and everybody would walk away.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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HERMES STOLE TWO PS5


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On 26/05/2021 at 18:22, samps_SBM said:

 

 

Hi i am in the exact same situation as you...

 

sold two ps5  on ebay 2 days apart both were dropped off to hermes pickup spot and stolen in transit

 

can you tell me how i should go about claiming the  money back now

Edited by dx100uk
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 I sold two ps5 on eBay posted them through Hermes two days apart both were stolen in transit.

 

dropped them off at a local parcel shop,  have dropped many more valuable things with him before so I doubt they took it out.

 

hermes is trying to get me to fill an affidavit which says I agree to a compensation according to their terms and conditions which will be max 25 pounds

 

.in another thread on this website I read this is not enforceable and it kind of makes sense too

 

I think I shouldn't be punished for Hermes having a thief in their company.

 

can anyone  tell me what I should do  now ? 

 

Is it worth filling a report to the police ?

 

I know they won't do anything but for formality 

Edited by dx100uk
added A few blank lines only..dx
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Read a good few 10's of Hermes threads here...use our search in the red bar top right.

 

then time for a formal complaint letter outlining what you want, then if they fail rhat, onto a letter of claim and eventually a clurt claim, but you must not bluff!! And not follow thru at any stage..

 

gEt reading.....

 

dx

  • I agree 1

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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11 minutes ago, dx100uk said:

Read a good few 10's of Hermes threads here...use our search in the red bar top right.

 

then time for a formal complaint letter outlining what you want, then if they fail rhat, onto a letter of claim and eventually a clurt claim, but you must not bluff!! And not follow thru at any stage..

 

gEt reading.....

 

dx

Thanks man for the reply and sorting out my paragraph lol.

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If Hermes was to pay £25 and as long as there is no full and final settlement condition attached to it then go ahead and accept it but of course check that there is nothing there there is requiring you to waive your rights.

If they pay the money into your account unilaterally – then that's fine. Nothing is preventing you from going on and getting the rest.

As advised by my site team colleague, start reading the many Hermes stories on this forum and then come back here

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