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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finish the project – and then to try and deal with the claimant in respect of those on the basis that the case would be withdrawn and everybody would walk away.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 lost my razer laptop priced £1049


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Hi guys, I have recently found this website and have been reading a lot regarding Hermes scandals. Thanks a lot to all the people running and supporting this forum. Doing lord's work.
Here is my case, hope I can get some help.
On 07/08/2021, I used Hermes service to ship my laptop however the laptop never reached its intended destination. 
On 16/08/2021, I had a chat with their representative over the phone to get an update on the situation. I was told they will start a brief investigation to find my laptop.
After a long wait, on 14/09/2021, it was confirmed that my laptop was indeed lost.
On 25/09/2021, I filled in the compensation form. 
On 27/09/2021, I received compensation of £20 + postage of £5.80.
On 28/09/2021, I asked them to review their compensation and reimburse me in full. (Formal complaint)

The laptop was purchased on 02/08/2021 priced at £1049. Do have a PayPal invoice for it.
I did not use Hermes insurance as I didn't have any trouble with their deliveries in the past.
The parcel was declared as a laptop.

I have prepared a letter of claim to send them as soon as they reject my request to pay in full.


Few questions, I couldn't find answers about:
Do i need to send email to Hermes with letter of claim or post?

Next steps:

  • Wait for formal complaint's response.. 
  • Submit letter of claim, wait 2 weeks, then register and issue complain on money claim county court website?
    Hope i can get some feedback on my letter of claim.

     

Letter of claim1.pdf

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You didn't use Hermes insurance because you've never had difficulty in the past is a bit like saying that you didn't bother to look when you crossed the road this time because you've never been run down before.

Luckily for you, the insurance requirement is unfair and unenforceable in our view – and I suggest that you start reading around the sub- forum to understand why and also the other arguments that will be used by Hermes against you to try and defeat your claim.

Please also read around the sub- forum to understand the process, how it works – and the steps involve taking a small claim in the County Court.

It's all pretty straightforward but it is worth understanding in advance, partly because this is a self-help forum and you need to take responsibility yourself – and secondly because you have more confidence in what you do.

On your timeline of events, everything seems to be good. In fact looking your letter of claim you do seem to have understood why the insurances unfair and unenforceable – but reinforce your reading anyway.

The only comment about the letter of claim is that you should headed up "letter of claim" – but everything else is to be good.

Send it by recorded delivery but also confirm it in an email – using the same date for both so that the 14 day deadline is the same.

While you are waiting for 14 days to expire, register with the County Court money claim website and start preparing your claim. You can save your work as you go. Post a draft of your particulars of claim here for us to check and get everything ready so that on day 15 you can click it off.

Keep us updated

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