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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The Funk Firm vs. -Fi World. There are two aspects to my

Customer Question

The Funk Firm vs. Hi-Fi World.
There are two aspects to my relationship with Hi-Fi World which are now subject to legal contention, which are;
(1)
I accept fully that I owe Hi-Fi World £1040 for advertising my product(s) during the period x to y, and I have no intention of evading or not paying this sum to them.
and
(2)
As owner of The Funk Firm I have over several years had dealings with Hi-Fi World (F), a Hi-Fi review magazine, and during that time my products were often reviewed by HFW, which, as other magazines do, employs many reviewers who work from their own homes, these sending their reviews to the magazine afterwards; they are a relative constant and contracted to the magazine.
A historical dispute has previously resulted in HFW being reformed and renamed to Audio Web publishing, but by most the company is still regarded as HFW.
The magazine has on many occasions had my products on a loan basis for review, with the exception that one was retained for the purposes of reviewing other equipment.
Equipment is first sent to the magazine for photography, it received by Faiza Chunara, in charge of production, who then forwards it to each reviewer for evaluation. In this process I have prior to now always had my equipment returned to me, other than the example above, in which it was agreed that it could temporarily be retained by the magazine, and I can verify this with documentation.
Equipment return was always by courier, from the magazine or direct from the reviewer.
However on the last occasion, on which they loaned from me for review an FX3 pick-up arm which was sent to the magazine’s offices, it was not returned. I have documentation showing the Interparcel order for this, a 1kg package, to be delivered to HFW’s offices.
After the review, which was close to Christmas last, arrangements were made by myslef for the collection of the FX3 from the reviewer Tony Bolton
Unknown to all Tony Bolton had been diagnosed with having a very aggressive cancer, and given 6 months to live, but within two days he was admitted to hospice and sadly died a few days later.
As a result the collection of my FX3 did not take place, and it is still outstanding.
I have the following documentation;
An email from Interparcel aplogising for the non collection of the item,
an instruction from me to Interparcel to cancel the order because the person, (reviewer) has died, and,
an entry on my credit card refunding me.
(In the face of my showing responsibility for cancellation of the collection si that a collection order is not open ended. If it is not effected in a set time frame, the order automatically ends and monies paid are lost. Having ahd that happen previously, I thought is best to cancel and re-book once new arrangements were made with whomever.
I have since asked HFW to return my equipment, the FX3, my regarding it as their responsibility as a duty of care to do so, and they have steadfastly refused to accept any responsibility for that return of my property,
They saying that this lies entirely between Tony Bolton and me, and have then directed me to Tony’s brother Ed, giving me his telephone number for my pursuit of the matter.
I have made one payment to HFW in respect of my debt to them for their advertising of my products, but ceased further payments because of the debt in equipment terms that they owe me, but the company refuses to recognise any indebtedness to me, and are pursuing me for the outstanding sum for advertising.
It seems natural to me to combine all grievances in one hearing, so, I want to know what is the best please, and most correct way to address these issues; do I combine them in a counterclaim process, or does the law determine that they are separate issues, and to be dealt with in separate cases please?
Thanks in advance.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
You want to counter claim against Interparcel or Hi-Fi World?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Alex,
I had to go out hence my not replying in timely fashion. That might have mucked things up esp I don't know your work load nor if you will be able to get back to me today but I'll need to decide on my action on Monday and send reply via Special delivery for the court to file it on Tuesday. I'm in France tomorrow, leaving 2am and returning similarly on Sunday.
Being your own boss is not much fun!
To ans your Q: It is HFW who are suing me and who I am wondering if I can counterclaim against and will it reasonably standup or will it be thin ice?
I will be representing myself. Arthur
Expert:  Ash replied 1 year ago.
Would you like me to call you?
Alex
Customer: replied 1 year ago.
yes pls.
Expert:  Ash replied 1 year ago.
Calling.
Alex

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