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    • I unexpectedly had a couple of hours free this afternoon and thought I would have a bash at helping simeon drafting his counterclaim.  Everybody please feel free to comment on and - hopefully improve it!  (In particular I am not sure if I've got the terminology correct vis a vis counterclaimant and defendant - so that may need correcting).   I am aware that Andyorch and BankFodder often stress the importance of keeping POCs to the bare minimum so as not to give away your case too much.  Whether I've given too much detail - or not enough - here, I don't know.  As I say, it's free to be pulled apart, but simeon seems to have nothing else.   Paras 1 - 16 (in black typeface) are simply a precis based on what has gone before and I've used them to put the counterclaim in context. Paras 17 - 19 (in red typeface) are simply my attempt to provide a basis for simeon's counterclaim.   At the end of the day this is simeon's documant - nobody else's.  simeon has to satisfy himself that it is both accurate and true, and also says what he wants it to say.  He will also have to order and sort out any attachments.  As I said earlier, I'm NOT giving legal advice!   Here goes... ===================================================================================================== Counterclaim   1.      The defendant agreed to undertake building work (Project 1) at the counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously removed chimney breast and, c. To install a new beam to the patio door.     2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the counterclaimant and that the defendant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the counterclaimant provided the defendant with a full copy of the structural engineer's report which detailed instructions to the defendant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.     5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the defendant's work. The second payment would be paid at the halfway point of the defendant's work. The final payment would be made on completion of the total works.   6.      The defendant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the defendant asked the counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The defendant also stated that Project 1 was approaching mid-way and the counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the defendant’s work but the defendant was absent.  The inspector was obviously very displeased by the standard of the defendant's work.  The inspector spoke to the defendant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the counterclaimant’s structural engineer with his findings and the counterclaimant should hear from the engineer soon.   9.      The counterclaimant passed on the Building Inspector’s instructions to the defendant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The defendant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the counterclaimant to do the necessary work and this company was engaged by the counterclaimant to complete the necessary piling at an additional cost to the counterclaimant of £3300. (See receipt at Attachment1).     11.  The defendant asked if the counterclaimant needed any more work to be done and, despite the problems encountered on Project1, the counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.     12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the counterclaimant had occasion to make several complaints to the defendant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the defendant demanded payment for that work.  After a period of negotiation the counterclaimant agreed to pay him £2000 on 18 August 2020.    14.  The counterclaimant subsequently paid the defendant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.     15.  It later came to the counterclaimant’s attention that the defendant had removed material (including a steel beam) from the counterclaimant’s property that the counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the defendant admitted he had done this.  The counterclaimant has included the value of this material in his counterclaim detailed below.   16.    On 21 September 2020 the counterclaimant highlighted and sent a snagging list to the defendant (Attachment 2).  Over a month later the defendant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Attachment 3).  All of this snagging work remains undone by the defendant.     17.  Apart from the outstanding snagging work referred to in para 16 above, the defendant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.   18.  During the course of carrying out work on Projects 1 and 2 the defendant also negligently caused substantial damage to the counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.   19.  The counterclaimant seeks an order from the court directing the defendant to pay to the counterclaimant the sum of £nnnnnnn {Simeon - put in the actual total amount here} in respect of:   (a)   the cost of the piling referred to in para 10 above which the defendant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the defendant had left undone from Projects 1 and 2; (c)   the cost of remedial work to put right the damage negligently caused by the defendant and referred to in para 18 above; and (d)    the cost of the steel beam referred to in para 15 above.   A receipt in respect of item (a) - see Attachment 1 - and two priced quotes in respect of items (b) and (c) - see Attachments 6 and 7 - are attached in support of this counterclaim.     =================================================================================================================   What I'm not entirely clear about are two points.   First, it's not 100% clear to me whether simeon can properly claim the £3300 in paras 10 and 19(a) or not.  What I mean is, simeon is arguing that this work required by his structural engineer was always within the agreed scope of Project 1.  But it's not clear to me if it was within scope or whether it was entirely new and unforeseen work.  As I see it simeon can only counterclaim this amount from the builder if it had already been incuded in Project 1.   Second, the basis of the counterclaim still seems extraordinarily thin to me.  Is it sufficient at this stage just to allege that the builder caused any damage negligently and is therefore liable to pay to put it right.   That's it from me I think...    
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Hermes stolen my parcel


Waze
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Hi i use hermes to send my parcal for next day delivery without insurance as i am sending my audio card to my friend as i am not selling it so i dont need insurance as i am expecting to delivery next day but what happened here. I send big box 📦 and they deliver envelope.  I declared my item value and it some thing clearly show hermes has stolen it after many complaints.  They declared  its lost told me we are investigating and never reply me every time i have to ring and find out whats happening i even sent emails to head office but only one reply came after week we investigating then no reply after 10 days i ring them they just send me open a claim which they only compensation £20. Now i am looking forward to take it on court which i need help as there no policy of stolen parcal on hermes.  Because my case is totally different then lost . They swap my pracel and send me crap envelope when they never ask to return back. And gave £20 compensation of £1200 item.. i need help any one who can fight my case please. I have evidence of sending what pracel i have send on cctv on drop shop and what they have delivered on my friend door step.

Looking forward any help regarding this

 

Hi

i used hermes to send my parcel for next day delivery without insurance as i am sending my audio card to my friend,  as i am not selling it so i dont need insurance as i am expecting to delivery next day but what happened here.

 

I send big box 📦 and they deliver envelope. 

I declared my item value and it some thing clearly show hermes has stolen it after many complaints. 

 

They declared  its lost, told me we are investigating and never replied me, every time i have to ring and find out whats happening, i even sent emails to head office but only one reply came

 

after week we investigating then no reply , after 10 days i ring them they just send me open a claim which they only compensation £20.

 

Now i am looking forward to take it on court which i need help as there Is no policy of stolen parcel on hermes.  Because my case is totally different then lost . They swap my parcel and send me crap envelope when they never ask to return back but  gave £20 compensation of £1200 item..

 

i need help any one who can fight my case please

 

. I have evidence of sending what parcel i have send on cctv on drop shop and what they have delivered on my friend door step.

 

Looking forward any help regarding this

Edited by BankFodder
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Hi, welcome to the forum and I am sure we can help you.

However please notice that my site team colleague had to restructure your post to make it readable. It is extremely difficult for people especially when they are using small screens to read solid blocks of text.

Please start off by reading as many of the Hermes stories on the sub- forum as you can manage – and I'm talking probably you need to read about 20 of them. They all go the same route but some of them involve different principles.

Pay special attention to the stories where Hermes tries to get out of their obligations by saying that there is no insurance.

When you have done your reading then come back here – probably tomorrow and we'll take you through the next step.

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Incidentally, we've had some interest from the press on this issue. If you would be prepared to speak to a journalist then maybe you could email me your contact details and our admin email address.

It would be very helpful to lots of people and I think it would help your case as well enormously.

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9 minutes ago, AntiHermes said:

Hi,

I have just joined as I saw an Item online. I sent a parcel via hermes and it vanished without a trace. I tried to used their £20 free insurance claim but there is no trace on how to contact the company anywhere and I searched the internet for 8 hours. It is a complete dead end.

 

Is there any help I can get, I would love to be able to give them some bad press, or even better, get them in to court?

 

Thanks in anticipation.

There's lots of help here but please will you start your own thread and tell your story there.

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13 hours ago, BankFodder said:

There's lots of help here but please will you start your own thread and tell your story there.

0330 808 5456 its bit tricky to contact with agent you need to use your tracking number and according to instructions when its done your parcal tracking will give you options talk to someone regarding parcal. Then you would able to speak a agent.

This might help you to contact the Hermes 

Edited by Waze
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@Waze

do think you've had enough to understand the principles involved?
In particular, you seem to be about to claim for a fairly high value object and so Hermes will go to a lot of efforts to frustrate your claim and particularly you didn't get their insurance and they will try to rely upon that.

Do you understand what we say about the unenforceability of insurance?

Please can you tell us what the item was – and was it correctly declared?
Can you confirm the value of it and was that correctly declared?

You say that you've got evidence at both ends. That's really excellent. Any chance that we can see it?

What is the latest data plane? Have you made a formal complaint to Hermes?

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I received your images by email. Thanks. However, it will be helpful if you would put them into a PDF document and upload them here.

There is also some way to display them on the forum but I'm not sure how it works – maybe somebody can help.

Also I understand that you have a video. Maybe you could upload onto YouTube and then link to that video here.

It will be useful to us but also it will be very useful to others who visits this thread because it will start because it will help them to understand the kinds of precautions they can take when using Hermes or any other courier and it will encourage them to do so.

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Simply put read our upload guide.

use rhe websites list to convert to pdf then merge to pdf

  • Thanks 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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I only have images which i can't do via phone . 

They send claim £25 as standard but i want to take them on court as my case is totally different as you might read the images i have sent you. Wouldn't you able to upload or email me those in pdf and i will upload. Woulf you think will yhis be waste of time?

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