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By Ethel Street · Posted
Do you mean that under the Will the Swarokski collection passed to the 3 sons and they allowed their wives to choose a piece each? Apart from it sounding remarkably patronising of them I'd say that the sons became the owners of the Swaovski collection but your husband gave you one of the items as a gift. It's no different to any other gift he gave you, it became yours when he gave it to you. So unless he gave it to you conditionally ("this gift is conditional on us contiuing to be married and living together") he is not entitled to it back. That's just my opinion though, I'm not a lawyer or an expert. Whether at this stage in your marriage it matters enough for you to have the argument only you can judge. And although this isn't your question, in your position I'd see a solicitor specialisng in divorce and family law and get some advice generally about your situation. Separation doesn't necessarily lead to divorce but it's as well to get some preliminary advcie about your position now. Apologies if I'm saying something you are already doing. -
By BankFodder · Posted
Make sure that you have got all the company details and the name of the company to hand. Explain to Companies House that this company has stolen your car and owes you over £7000 and that you are just about to start a court claim against them. If they're not struck off then asked them when the strike off is actually going to happen and that you want to raise an objection and cause a delay in the strike off date. Companies House may well then say that they will want evidence that you started a legal action – and maybe we will have to issue proceedings immediately -
By BankFodder · Posted
I've looked again and I see that there gazette notice for the voluntary strike off was made on 21 February. Normally speaking they would have two months after which there would be the strike off. This means that they might have been struck off two days ago. I think you need to telephone companies has urgently and asked them if it has happened yet and if not tell them that you want to lodge an urgent objection. Have a look here. I think you need to do this this morning I'm afraid that if they are struck off then unless you can locate the residential address of Tim Garbett, I think it is probably finished https://www.gov.uk/object-to-a-limited-company-being-struck-off -
By BankFodder · Posted
I suddenly realised that his father John Michael Garbett, is 80 years old. I wonder if he even realises that his son is operating a company with him as director. -
By BankFodder · Posted
You could go after him personally – and of course that would be extremely useful – but do you have an address for him – and I mean a residential address which belongs to him. In other words can we identify an asset. If we could identify an asset then we may be able to put some serious pressure on him
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
- 32 replies
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
Hi @BankFodder
Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
So I issued the claim on day 15 and they requested more time to respond.
They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
I opted for mediation, and it played out very similarly to other people's experiences.
In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them.
In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
Many thanks, stay safe and have a good Christmas!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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