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    • OK, I've sorted out using the correct terminology to refer to the parties.   The original document was absurdly long and filled with waffle. I reduced it. Then MiE did so further – twice. I've continued on the theme and have merged (13) & (14) as I don't think we need to go into detail of why a £2000 payment because £1500, it'd just confuse the judge.  Feel free to disagree!   I've sorted out the new numbering and references to paragraph numbers.   IMO (16) needs beefing up to explain why the builder disappeared, but simeon seems to not want to explain this properly, so so be it.   Apart from that it looks about ready to go.   Counterclaim   1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 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 Defendant/Part 20 Counterclaimant and that the Claimant’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 Defendant/Part 20 Counterclaimant provided the Claimant with a full copy of the structural engineer's report which detailed instructions to the Claimant 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 Claimant's work. The second payment would be paid at the halfway point of the Claimant's work. The final payment would be made on completion of the total works.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The inspector was obviously very displeased by the standard of the Claimant's work.  The inspector spoke to the Claimant 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 Defendant/Part 20 Counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3300. (See receipt at Attachment1).   11.  The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 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 Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the Claimant admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Attachment 2).  Over a month later the Claimant 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 Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 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 Claimant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above; (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above; and (d)    the cost of the steel beam referred to in para 14 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.
    • If you look at your credit file..what debts show that youve not recently paid or not paid in a longtime?   might give a clue?
    • Hi I'm after some help with trying to get my wedding car hire deposit returned. I'll provide a bit of a chronological background to try and keep things clear. January 2020 - Began booking church, venue and other services for our Wedding for 29th May 2021 - 100+ guest during the day, and 200+ on the night. 25 Jan 2020 - Attended Exclusive Wedding Cars (EWC herein). Booked and Paid deposit for 1 Beetle and 3 Camper Vans = £400. Corona came along and we were in and out of lockdowns. Competitions and Markets Authority (CMA) brought out some guidance for Wedding Services 7 Sept 2020. In mid January, we got back in contact with EWC via text, expressing our concerns over the wedding and Government imposed Public Health measures(we were currently in lockdown and no idea when things would return to normal), and that we were looking to move the wedding forward 1 year. 3 Feb 2020 - Emailed to cancel our Wedding date of 29th May 2021, after text had been sent and Steve replied asking for it to be sent via email. We asked if 28th May 2022 was available. 5 Feb 2020 - EWC replied to say they could not fulfill our new date due to other commitments. 7 Feb 2020 - We replied that we would have to cancel our booking with EWC, but would be in touch if dates changed again. 22 Feb 2021 - Government published Guidance (Roadmap out of Lockdown) - Stated, “Not before 17th May…Up to 30 people will be able to attend weddings…”. *Note again our wedding was for 100/200+ guests at the Stadium of Light, so not reasonable to have the same venue for 30 people. 5 Jan 2022 -  Called and spoke with Steve to see if they had any availability (any cars at all) for our date. He was driving and so couldn’t confirm.                         Exchanged some texts on the same day to which he replied in the evening, that they had nothing, but to keep in touch due to cancellations. 15 Jan 2022 - Started an email thread asking about deposits and their return. EWC went straight on the defensive saying we wouldn't be getting it back and we should check the contract. We asked for a copy as we were not given a copy when we booked. 17 Jan 2022 - Emailed to ask for the return of our deposit. EWC replied that since we cancelled within 4 months of the wedding date, they now wanted the remaining balance of £850, and we should check the contract. We asked for a copy of the contract again, and that we would seek legal advice. EWC replied with ever increasing sarcasm, saying we would receive notice demanding the remaining balance of £850 in the post. I replied that if they didn't supply a copy of the contract I would send them a SAR.   20 Jan 2022 - Sent a letter via Post and email, asking EWC to reconsider their position. We stated we believe the contract to have terms that would be deemed unfair; terms that were not clear; there is a ‘Significant imbalance’ concerned with the parties’ rights and obligations, which can be seen as disproportionate financial sanctions; their ‘Terms and Conditions’ appear to seek to remove the consumers rights, while removing their obligations, but allowing them to make an unjustified windfall gain. We also stated that we believe the guidance and statements by the CMA, suggested that since the wedding we had planned couldn't go ahead (we'd be breaking the law with the numbers we wanted) on our planned date, and that a reasonable person wouldn't expect the wedding to go ahead when we cancelled the date, that we should receive a full refund as they were not out of pocket. We gave EWC 14 days to respond...it took them 6 hours, basically refusing our request while coated in lashings of sarcasm and arrogance.   I'm guessing my next step would be Letter before Action? Any help much appreciated. Attached is the "Contract" - removed the signatures, but you can see the whole contract. The booking form has no Ts&Cs or costs of any kind, just addresses, personal info and the vehicles.     EWC-Contract.pdf
    • The firm's shares fell more than 20% as investors worry that demand for its pricey exercise machines is waning.View the full article
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Hermes parcel lost/stolen/swapped


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Hi all,


I'm looking to take a case I've got open with Hermes further as I'm not satisfied with what they've offered me.


Sent off a parcel in a brown box, customer received a bag full of Matalan kids clothing with my label stuck on the Matalan bag.

I've attached a PDF with all the images,


they might be a bit muddled up but should be clear enough to understand what's happened.

Couldn't add the the pictures as max file size exceeded but it seems like they ripped off the original label on the Matalan parcel which was on the back.


Details of this case:

Date Sent: 08 October 2021

What was the item: Two GPU's
what was its value: £1798 - Price sold on eBay
Was the item properly declared: Yes
Was the value properly declared: I'm pretty sure I did, possibly undervalued.
Did you take out the so-called insurance: Yes
Did you book this with HERMES directly or did you use a broker such as Packlink or parcel2go?: Direct through Hermes website
Was the parcel simply lost? Or is it damaged and then destroyed? Or is it simply damage?: Lost/stolen/swapped


I filled out the claims form they provide and today they've said they'll refund the £300 "insurance" + the postage I paid (£16.98).


Now what I want to know is,

I reply to reject the amount their offering and send the complaint through the Hermes support ticket I've got currently open or should I send the complaint via post to the head office or via email to customer service?


I've read through several posts and I've got an outline of what needs to be done and the timeframes that it should take.


Thank you







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We definitely need to see pictures.

You sent this using Hermes directly. This is not an eBay sale?

I'm concerned that you consider you may not have declared the correct value. It's important that you know the value that you declared because this is the value that you will be able to claim.

I understand they offered you £300 compensation. Have they made this condition on anything or have they simply offered it to you?

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all pdf's sorted in post 1 now.

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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Thanks dx


Have you managed to look at the pictures BankFodder?


I sold the items via eBay but bought the shipping through the Hermes website. There's a screenshot of the eBay sale in the PDF.


From what I remember I think I undervalued and typed £1000 for the value of the items, but of course I can't confirm this as it doesn't show you through the Hermes website.


This is the message I received from Hermes yesterday after filling out the claim form they provide. 


Thank you for submitting the required information for your claim. I’m sorry for any inconvenience caused by this situation, so I would also like to thank you for your patience while we reviewed your claim.

I understand how frustrating it can be for both you and your recipient when a parcel isn’t delivered as expected. When issues arise, we will always seek to remedy the situation and we are happy to pay up to the level of cover selected by our customers, for included items.
I have investigated your claim and I'm pleased to confirm, due to the level of cover you chose, we will be processing a payment for the full value of £
316.98 including postage costs back to you.
So that we can process this as quickly as possible for you, we kindly request that you send us some details:
- your bank sort code
- your bank account number (the short one, not the long card number)
- your name as it appears on your bank card
Once we have received the above information, we will send you a further email once the payment has been processed. This can take up to 5 working days to reach you.
If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.
Kind regards,

Mike L
Hermes Send Claims Department


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Dear Mike

Reference number XXX

Thanks for the offer of partial compensation of £316.98.

My bank details are as follows:
sort code – XXX
account number – XXX
account name – XXX

Once your payment is received that will leave an outstanding balance of £XXX.

Please note that if I do not receive the balance of the value of the goods which you have managed to lose or which have been stolen within 14 days, then I shall sue you in the County Court and without any further notice.

Believe me



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Yes you may as well do.

Now you should register with the County Court money claim website and start preparing your claim. Post your claim details here before you send them off so that we can check.

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No, don't send images. Just send the letter

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  • 3 weeks later...



Will be sending the Particulars of claim off today but just wanted to make sure it's okay.


The claimant used the defendant's courier service to deliver two items, value – £1798 to a UK address. Reference number xxxxxxxxxxxx. The defendant breached the contract by losing the item or was stolen by an employee of the defendant, and refuses to reimburse the claimant to the full value of the items.


The claimant seeks £1798 + £16.98 postage cost plus interest pursuant to section 69 County Courts act 1984 + court costs.


Thank you.

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I think it's probably a good idea to say what the items were. They breach their contract because they failed to deliver the item either because it was lost or stolen whilst in their care.
They have refused… Blah blah blah.

If you are happy with that then amend your proposed particulars and post them back here

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Updated version below


The claimant used the defendant's courier service to deliver two MSI GeForce RTX 3070 Graphics Cards, value – £1798 to a UK address. Reference number xxxxxxxxxxxx. The defendant breached the contract by either losing the items or it was stolen by an employee of the defendant whilst in their care.  The defendant has refused to reimburse the claimant to the full value of the items.


The claimant seeks £1798 + £16.98 postage cost plus interest pursuant to section 69 County Courts act 1984 + court costs.


Thank you

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