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meerkatsmimm

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Posts posted by meerkatsmimm

  1. Thank you folks,

     

    CAB tomorrow and see how we get on.

     

    Deb T Bankrupcy just isnt an option and to be honest, having read articles like those posted by Elsa, I dont see why mum needs to be put through those hoops. They can and do write off debts, its just how we channel this to them. But thank you for your guidance.

     

    Elsa, I posted on the other thread about what I thought of that document - shocking.

     

    meerkat x

  2. Consumerline (OFT) dont think they can help, which was as we thought.

     

    CAB in Northern Ireland no longer offer any advice over the phone, we have to go into a drop-in centre between 9-30 and 12-30 am and we will be seen if the debt advisor has time.

     

    Is that correct?

     

    I thought we had to make an appointment to see a money advisor, its pretty hit or miss depending on how busy they will be.

     

    The guardian is the next move then!

     

    meerkat x

  3. Thank you Crapstone,

     

    Such a late at night/early in the morning post, Ive been there myself!

     

    CAB have got in touch so going to start with them. OFT put you straight through to Consumer Direct, who from past experience are not much help at all (felt like I was getting told off by a teacher when I started talking about my creditors non-compliance with CCA request!)

     

    Agree that we should perhaps use our local MP and a veiled threat of the media aswell.

     

    I assume when the write the debt off, they still get a tax break to the same value, so they are really at no loss?

     

    Thanks again,

     

    meerkat x

  4. Thanks Elsa and thank you again JoeMay,

     

    The Guardian really helped out that chappy by the sounds of things, my only issue is that they would want a story out of it and mum has enough going on atm without that happening.

     

    Having said that I will send them an e-mail, thanks for pointing the link out.

     

    Joemay, I understand where you are coming from. I get scared for her because in the last year she started to shop in charity shops, buying bits and pieces and everything is hung in the wardrobe - she never wears it.

     

    She tends to wear the same outfit for weeks and rarely thinks about showering. Its made more difficult because her own mother has altzimers (spelling!) and has fallen into the same trap of wearing something familiar for weeks and not bathing adequately. Mum thinks granny is ok, that she makes sure she is clean, but doesnt need a shower every day.

     

    The problem is days turn into weeks.

     

    Her flat is packed, floor to ceiling, with bits and pieces. Mostly secondhand, some from our old family home. She has just about enough space to get into her bed and sleep. The rest of the room is filled with junk.

     

    Her bathroom is the same.

     

    When we draw things to her attention and suggest we sort them, she goes off at the deep end with us, saying there is nothing wrong.

     

    She has an old car that my hubby tries to keep clean for her when we see her. But it is pigging dirty inside and out and because she smokes there is ash everywhere.

     

    I just feel sick for her. She was such a young woman when she was widowed in quite a violent way, and I know deep down she hoped for better at this time of her life.

     

    And in the midst of all of that, she could run into someone she knows from years ago and say everything is just dandy, great feeling being a grandmother etc. Im sure up until recently she wasnt being very open with her doctor either, although I know that is now different.

     

    So, hubby and me need to do what we can, and hopefully get these debts of hers blitzed and then start to work on her getting her life back together again.

     

    Thanks everyone for your thoughts.

     

    meerkat x

  5. Thank you Joemay, Crapstone and Surprise,

     

    Your responses and thoughts are much appreciated.

     

    In terms of bankrupcy, it isnt an option. If her home would be at all threatened, we cant really consider it.

     

    Having thought originally about a dmp situation, and not had our initial attempts to set this up work, we are in two minds, simply because so many of the creditors have no CCA or an unenforceable one. In fact, one one creditor had anything like an enforceable document, and they have just paid cleared that account with PPi re-claim (another fight we have atm!).

     

    In terms of the fraud, Crapstone I agree - what can they gain? But like we see everyday on CAG, creditors are unlawful and just dont care, so our fear is that they try to cause mum more harm, simply by going through the motions of threats of court action or criminal action. Would a doctors letter explaining that she was ill at the time (and also not receiving any treatment at the time of all these applications) in this instance be enough to knock back such actions?

     

    One of her creditors especially has been silly about their lending, and I believe we have them in the right place to be able to get them to write the debt off. I suspect their lack of response to my letters shows that they know this also.

     

    I guess with so many things we do, its trying to draw things to a conclusion to our satisfaction. So many of these things (if the creditors could get their way) would continue and follow us to the end of our days. Mum just isnt in a place to cope with things much further.

     

    She has talked about suicide in the past, but not recently. We had discussed mentioning this in the correspondance with her creditors but she got so fearful that she might get locked up in a psychiatric unit for the rest of her days that she begged us not to.

     

    Im glad to know others are dealing with similar situations and surviving, Thank God. And Thank God for CAG and all you good people here.

     

    meerkat x

  6. Thanks Pinky,

     

    Her doctor has not mentioned this as yet, I guess we should suggest it to him.

     

    I read some of the online notes for the mental health professionals and debt, the sad thing is that they dont seem to be able to do much other than get in touch with CAB/CCCS on her behalf. But I agree something in wirting from them looks more official than our words.

     

    meerkat x

     

    Thank u noomill x

  7. Hello Folks,

     

    Apologies I have been offline for a while, things have been difficult with mum due to some personal issues and while continuing to deal with her affairs at present, we would appreciate some advice.

     

    The situation is mum owes substantial amounts in unsecured credit card debt and has been paying up until very recently when she simply ran out of savings. Her income since medically retired from work in the late 90's was made up solely of benefits and any money she has had as savings came from the sale of her last home. Truthfully, this dwindled to nothing simply paying the CC bills each month.

     

    She was diagnosed with PTSD at the time of retirement and her doctor recently stated that he would support the fact that she will never return to work. This was after us explaining the situation she faces. He is also very willing to support us in anyway he can, with letters to the creditors etc.

     

    In the last month a major incident happened in our personal lives and it has sent mum spiralling. Her doctor has prescribed a big step up in her meds to try to calm her down as she is just not able to cope with this other issue. We have been keeping as much as possible from her surrounding her debts and have her written authorisation to allow us to deal with things on her behalf.

     

    As things stand, we wrote to each of her creditors initially, explaining her finanical circumstances and medical conditions, and included her doctors name and address, inviting them to confirm things by making contact with him directly. As part of this letter, we asked them to consider writing the debts off, given her previous good payment history (for what that was worth) and the fact that she is never likely to return to work. Her only asset is her home, which is in negative equity and likely to remain so for a very long time.

     

    As a response they have all sent a standard letter, none acknowledging the one sent to them, other than to say they are sorry to hear she is experiencing financial difficulty.

     

    EGG have stated they need a payment plan set up with a formal agency such as CCCS.

     

    BC have said the same, giving two weeks from their letter before they will ask Mercers to issue a Default Notice.

     

    The CCCS, even though she has £135 surplus per month available (but only because she is including her DLA in the calculations, which as I understand she cant be forced to do - although we suggested she should if it helps get a DMP set up), cannot help - typically suggested bankrupcy or negotiating with creditors directly.

     

    Trying to get CAB involved, but getting an appointment with a money advisor isnt easy as many of you know.

     

    Have offered EGG a pro-rata amount of this figure, putting a condition in the offer that they freeze and future interest and charges. Made it clear to them that at present we have no other assistance from a formal agency so its take it from us, or take £1 per month and we will remove her DLA from her calculations.

     

    Their reply was a letter (which I am hoping was a cross-over letter, although was 7 days from the previous) stating that she is in serious arrears and no mention of our offer.

     

    BC & the others have been sent no offers, because at this stage I dont know how best to proceed.

     

    We read on the CAB website that with her intervention, it may be possible to have unsecured debt written off, if the mental illness is so bad that the client is unlikely to ever clear the debt due to being unable to return to work etc.

     

    Can anyone offer examples when this has been possible and also how they went about dealing with the situation?

     

    As it stands, everyone has been CCA'd & SAR'd & CPR letter 1'd on her behalf.

     

    Only 'agreement' has been EGG, and it was the 'approved limit' job, with a very odd signature date and was one of the 2007 Terminated accounts. We wrote to EGG asking for an explanation of both and after almost 3 months, their response to the complaint was that they have been unable to respond! and we can now take things to the FOS!

     

    BC have sent nothing - no cca, just some recent statements. In fact, the letter with the SAR states that they have nothing more than what they have sent. However, this was a previous Monument card, so could there be more that they might be able to access?

     

    Had application forms back from her other creditors, without the prescribed terms.

     

    Two of her other creditors had her listed as 'retired' at application and on benefits as her only source of income. Payplan have stated that this is irresponsible lending and the FOS/OFT (not sure which) could intervene in these situations and get the debt written off.

     

    With her other creditors it isnt so clear what she said at application stage - could have been anything and as her credit history was always good, she got the credit with no other searches to confirm her standing. She got sent flyers for cards and just applied for them, with little understanding of what she letting herself in for. We actually think she has some form of Bi-polar disorder (although it is getting confused with the depression she is suffering, and it is something we need to discuss with her GP as its just an assumption) although it would explain the spending for no rhyme or reason.

     

    Dont get me wrong, she didnt live the highlife, the money went on very little. In saying all of that, they have had their pound of flesh out of her she has most certainly paid back what she spent - with interest!

     

    Our concern is that if we state she was retired at the time of application (and without seeing her applications from two of her creditors to know what she said), that they might have a different story and treat her as a fraudulant client, which is just not the case.

     

    But you can understand our fear I am sure.

     

    Bottomline, she is not well, not likely to be well again anytime in the future and relies solely on benefits for her income. Its mental illness, so she cant understand or remember correctly what she said yesterday, never mind years ago. She also is very scared because she thinks they will take her home, which we cannot reassure her about as we simply dont know either (they shouldnt, but will they try?)

     

    The major incident that happened this month has set her back no end and we can provide evidence of this to her creditors if need be as it was in the public eye.

     

    Dont even start me on our own situation - who knows is my best answer at present - she is our top priority.

     

    Any advice or suggestions would be so much appreciated as always.

     

    Meerkat xx

  8. Hi Nicklea,

     

    Thanks for your reply.

     

    The reason I think their statement is silly and confusing, is because had my mum never paid the PPi that they should never have taken off her, she would have several thousand pounds extra in her bank account today. By them paying off her debenhams account, they are ensuring they get paid - in full - first, then whatever is left over she can have back.

     

    But its not as simple as that. She has many other creditors so she should have back all her money paid - lets face it, it wasnt debenhams credits she paid with, it was her own money - to enable her to make pro-rata offers to all of her creditors, of which GE Money would be one.

     

    They are making the assumption that my mum would settle their accounts first and in full, which simply wouldnt be the case. So for those reasons, I dont think it is unreasonable for her to expect her to have the money they took of her with no intention of ever providing anything for in return, paid back to her in full.

     

    We have put in the claim for their interest charged (I think it was either 28.9 or 29.9%) plus 8% statutory. We did tell them that unless they paid the full claim (the one we submitted as a month by month breakdown, once we were in possession of the SAR) within 14 days (which they havent done!) we would also seek a claim for restitution, to cover the loss of the use of the money they have had off mum. Given that they owe her around £9k, I thought 50% of that again was a reasonable figure to claim for, given that they would have lent this money and probably made 3 or 4 times that amount again.

     

    Obviously, we would be happy with just what they owe her, but worth adding a lump on (as they do) in the hope she gets something extra for all this hassle.

     

    I agree that them having admitted they should never have sold the policy is worth its weight in gold. I guess we expect them not to allow this to get in front of a judge, because at the very least them admitting they shouldnt have had the money should ensure she gets back every penny, before restitution.

     

    To be honest I feel like starting to send them the threatening letters, or maybe assign the debt onto CL finance to do the chasing!

     

    I do appreciate the detail to your response, hopefully we can get every last penny out of them, one way or the other.

     

    Can you confirm what forms would be needed to complete for the court process and would she be entitled to a fee reduction for being on benefits?

     

    Many thanks again,

     

    Meerkat x

  9. Hey AA and Beachy,

     

    Not as yet cashed the cheque in case they felt that was us accepting their offer. Should we contact them first by letter to let them know we are only cashing it as partial settlement, or go ahead and cash it with a letter to follow?

     

    I reckon a complaint to the FOS wont do any harm, but as with most things court will most probably be the swiftest form of action.

     

    I guess we are hoping that in the knowledge and having admitted in writing that they shouldnt have sold this to my mum in the first place, that they will buckle once they receive court papers as surely we can add a healthy lump for restitution as well?

     

    Or am I being too optimistic?

     

    Sorry that the application didnt help beachy, I hope you get sorted some way or another.

     

    Thanks,

     

    meerkat x

  10. Hey Shadow,

     

    Now that is very interesting....My application was mid 2005.

     

    Seems strange anyway that i was sold PPi while at the time being self-employed, something which they later told me would not be covered. Now makes sense that i did not receive policy documents relating to the same.

     

    Ellie & Co have so far ignored my letters regarding PPi, a bit like me asking for documents under CPR 31.16 - better to ignore and hope I bog off, rather than have to give me the answers I seek.

     

    Do you reckon if I stop paying they will attempt court action? Its just if we are at a stalemate, which I agree we most probably are now, its better for me to start the statued barred clock ticking.

     

    Also am I best to tell them my options now are take them to court for PPi and charges unless they accept the same amount they would have to pay me back a F&F for the account and mark the account as satisfied in full? Obviously I would be referencing the FSA document Alphageek found, brilliant find BTW!

     

    Thanks,

     

    meerkat x

  11. It gets better folks....

     

    Ive been busy with personal issues of late, but there have been a couple of updates with this one.

     

    I wrote to CAP 1 telling them as they have no enforceable documents, they cannot enforce this, not even in a court of law and to bog off basically.

     

    Firstly, another letter from Ellie telling me that they disagree that they havent supplied under S.78....yawn this again....no mention of CPR 31.16.

     

    Then she states that they are entitled to charges any default fees of £12 they want and since I have only 1 charge of £20, they will refund this plus 8% interest - I think it worked out at £8.30.....

     

    So, to get my 'money' back, all they need is me to complete a document with my signature, and sure enough a seperate letter was enclosed requiring my signature at the bottom.

     

    Emmmm, no.

     

    Miss Ellie also stated that she would no longer converse with me on any issue, I clearly have an enforceable agreement etc. They will acknowledge any letter I send them, but will not enter into any more discussions.

     

    Well thats a pity, because its been a one-way street with them to date.

     

    So, like I said, we have much more going on atm that far outways CAP 1's nonsense, so havent done anything more.

     

    Then last week, the best letter to date.

     

    From Miss Ellie again, thanking me for my request for my Credit agreement and telling me that if I would like a copy I should send a cheque for £1 directly to CAP 1....

     

    What, another £1?

     

    Does Ellie not remember her letter from the previous week stating that they have already provided me with my credit agreement?

     

    Told you she was turning into foghorn leghorn, she is really starting to repeat herself!

     

    Anyway, all I can draw from this rubbish, is that they have no signature document and are trying their very best to get a signature off me.

     

    Debitas also sent me the 'one final opportunity to make payment' letter during all this.

     

    Im thinking court for this crowd to get the PPI and charges back, im not trying the CPR route again as I think it best to take them to court to get the money they owe me back, or instead offer it to them as F&F for the account.

     

    Any thoughts?

     

    Thanks,

     

    meerkat x

  12. Hi Folks,

     

    Like most on CAG, we have never taken anyone to court before, let alone a creditor! - so your advice and support with this one is most appreciated.

     

    Bit of the background to this....

     

    My mum took out a Debenhams store card in 2002ish and at the time signed up for PPi without realising it. She was retired from work due to illness several years earlier and had pre-existing medical conditions, both of which would have prevented her from claiming upon the policy.

     

    When we CCA'd GE Money several months back, her application form showed that the staff member in store had marked the PPI box and the signature box with a large 'X', signaling them as places for my mum to sign to complete the form. The 3 qualifying questions had also been unticked, so the staff member was relying solely on the credit check and wasnt interested in whether my mum was working, UK resident etc.

     

    Sent an initial letter to GE Money asking for the PPi to be repaid in full, plus 8% within a fixed timeframe, otherwise we would want their levels of interest, being 28 or 29% APR. They refused initially, stating it was my mums responsibility to understand the terms of any policy.

     

    After a couple of months and alot of posturing on their part, once they recieved a letter from my mothers doctor and benefits letter, they done a U-turn, offering to pay out quite a substantial amount of money, together with interest and an amount which would be called restitution (to some extent). However, they stated that the insurance did not start until over 2 years after the application date - very strange, because they had been charging her for this since the application date.....

     

    However, at that time, my mum hadnt recieved her SAR from GE, and when she did, almost half of her monthly statements that should have been there were missing and when we added up a nominal amount of PPi based on the statements we had, the amount including interest that she was due was more than double what GE agreed to pay her.

     

    When they agreed the initial reclaim, they stated my mum wasnt eligible for the policy and it shouldnt have been sold to her. They also then went on to settle her balance with debenhams in full, almost 3/4's of her claim - this wasnt asked for by my mum, she wanted any claim repaid to her in full by cheque.

     

    They did send her the remaining outstanding amount by cheque, which she has not yet cashed.

     

    So, we wrote back to them, with the information we had to hand, and the full re-claim properly laid out, month by month, with interest. We explained as they had not paid this out when initially requested, and as they agreed she should never have been charged for this, we wanted this full amount repaid, including their interest plus 8% statutory interest.

     

    They have wrote back stating a figure of payments made, with less than £200 difference between what we state my mum paid and what they now suggest she did pay, so we were not too far out.

     

    In their original letter they stated her PPi didnt start for over 2 years after her account was applied for - in their most recent letter they state that it did start with the account application, but that their was an 'upgrade' at the later date (some 2 and a half years into making payments) and they hope that clarifies the matter for us! lol. We werent the ones confused, they were!

     

    I cant scan the letter up at present, but ill quote in full the following paragraph:

     

    " Having made some enquiries I can confirm that when we agree to refund a mis-sold insurance complaint, the refund will credit the account if there is an outstanding balance. Once the balance is paid in full, any remaining money is sent to the customer as happened in this case. The reasoning behind this process is that we are putting the customer into the position that they would have been in had the insurance never been charged"

     

    That statement is very silly and confusing.

     

    Had my mum never been charged the ineligible PPi, she would have been better off to the amount of money charged, plus interest charged, plus any benefits from the usage of the money they had off her. Her GE Account would also be in the same standing, that being her owing them money, but then they agreed to that when they offered her the account - it wasnt on the previso that she also contributed to a PPi cover that would enrich them, but never provide her with any benefit.

     

    They also state that the Information Commissioners Office is fully aware of the fact that they are unable to retrive the many monthy statements that they should hold for my mothers account, but dont.

     

    So, given all of this, what is now the process for taking these monkeys to court?

     

    Technically, their most recent letter does not mention that they refuse to repay this extra money we state they owe her, however, nor does it say they will pay it.

     

    Should my mum accept the cheque in part payment and acknowledge the same in a letter to them? Does she send the letter before she cashes the cheque?

     

    We want to speed this into the courts, because I am assuming they wont want it to go that far. Also intending to claim for restitution on the fact my mum lost out on the usage of this money over the years and they benefited from it, and re-invested it several times over most probably.

     

    This claim if for just under £9k, so it would make a huge difference to my mum at this time as she is struggling financially. I should also state she is in Northern Ireland if that makes a difference with the court process.

     

    All advice appreciated as always.

     

    Thanks,

     

    Meerkat x

  13. Hi Everyone,

     

    We have an update and response from GE Money/ Santander on this.

     

    We wrote back to them stating they hadnt fulfilled the re-claim and that they should have infact paid a total of almost £9k when premiums for the missed periods were assumed and interest added.

     

    We didnt cash the cheque sent with the original letter and told them they had 14 days to repond with full repayment including interest, otherwise we would be taking this to court. They did acknowledge this was mis-sold afterall.

     

    They have wrote back stating a figure of payments made, with less than £200 difference between what we state my mum paid and what they now suggest she did pay, so we were not too far out.

     

    In their original letter they stated her PPi didnt start for over 2 years after her account was applied for - in their most recent letter they state that it did start with the account application, but that their was an 'upgrade' at the later date (some 2 and a half years into making payments) and they hope that clarifies the matter for us! lol. We werent the ones confused, they were!

     

    I cant scan the letter up at present, but ill quote in full the following paragraph:

     

    " Having made some enquiries I can confirm that when we agree to refund a mis-sold insurance complaint, the refund will credit the account if there is an outstanding balance. Once the balance is paid in full, any remaining money is sent to the customer as happened in this case. The reasoning behind this process is that we are putting the customer into the position that they would have been in had the insurance never been charged"

     

    That statement is very silly and confusing.

     

    Had my mum never been charged the ineligible PPi, she would have been better off to the amount of money charged, plus interest charged, plus any benefits from the usage of the money they had off her. Her GE Account would also be in the same standing, that being her owing them money, but then they agreed to that when they offered her the account - it wasnt on the previso that she also contributed to a PPi cover that would enrich them, but never provide her with any benefit.

     

    They also state that the ICO is fully aware of the fact that they are unable to retrive the many monthy statements that they should hold for my mothers account, but dont.

     

    So, given all of this, what is now the process for taking these monkeys to court?

     

    Should my mum accept the cheque in part payment and acknowledge the same in a letter to them? Does she send the letter before she cashes the cheque?

     

    We want to speed this into the courts, because I am assuming they wont want it to go that far. Also intending to claim for restitution on the fact my mum lost out on the usage of this money over the years and they benefited from it, and re-invested it several times over most probably.

     

    Perhaps if Alana or CB could suggest the best way to put the claim in, it would be most appreciated.

     

    I should also say my mum is in Northern Ireland, if that makes any difference.

     

    Many thanks,

     

    meerkat x

  14. Hi Ghostdebt,

     

    I'm in a similar position.

     

    I've CCA'd, SAR'd and CPR'd Capone and had nothing but the exact same letters as others.

     

    They have yet to acknowledge anyof the 3 CPR letters I've sent so I'm just waiting on a response to missold PPI before I file my claim in court for failure to supply under CPR.

     

    Ellie Renshaw insists that it is very clear from the documents sent that they have an enforceable agreement and that the account is not in dispute. My last letter stated clearly, and in bold red lettering that just because she says the account is not in dispute does not make it true, and without actually sowing me a copy of an enforceable agreement how can she really say that it is clear to me that they have one? :confused::lol:

     

    They are the only CC company that refuse to listen to me at all! They added PPI to my account 3 months after it started with no record of a request for it and if they had asked me I'd have been ineligible!

     

    Will keep an eye out for updates.

     

    Meerkat xx

  15. Hey DD,

     

    I was following the CMC thread and your posts - read the whole lot yesterday after lunch!

     

    I agree fully with this idea. Lets face it, most of our creditors make many veiled threats towards us about what they 'may' do - and the DCA's are worse.

     

    So why not at least rattle the cage abit if you feel you have the case.

     

    And in fairness, if they are not helping you with reduced payments etc, rattle the cage whether you have an unenforceable agreement or not (only if they are rattling your cage though! - let sleeping dogs lie and all that) because what have you got to loose?

     

    For their own personal reasons, some of the site team have knowledge of excellent solicitors/CMC that they are unwilling to reveal to us to use.

     

    To some extents I understand this, yet to others, I wonder why because it simply then overburdens the members concerned with questions for help, which in turn stretches their time further and further.

     

    As was said on the other thread, some CAGers may be great letter writters and able to keep on top of their creditors at this stage, but should it come to a court situation, many could loose their bottle on the day and it could cost them the case.

     

    The option of both - doing it yourself, or good genuine legal help for a fee (from a company that is respected and trusted) should be on offer. CAG is the perfect arena for this as people trust the forum and the people who post up here.

     

    As was said before, there will always be people who paint their own homes and wouldnt think of employing a decorator - for those same reasons, regardless of there being a reputable company to approach for help, many CAGers will continue to do things for themselves, with the assistance of the forum, because they can.

     

    Just my 2p's worth.

     

    meerkat x

  16. A disgrace to talk to you like that honeypot.

     

    They are sinking to a new kind of low I didnt think would have been possible.

     

    Just shows how hard their lives are these days, thanks in no small part to the good people of CAG! :p

     

    As has been said, they cant mention that to the judge or they would end up with a charge of blackmail against them!

     

    However, if it is ever raised again (you can only pray they are stupid enough to put it in a letter to you!) keep this record as evidence to use against them.

     

    NEVER speak to them on the phone again, its your right not to.

     

    Well done for not falling into their trap!

     

    meerkat x

  17. My concern DD is that if something were to happen to them, then would my equity not end up in the hands of my extended family?

     

    Or can it be written into a contract in a certain way that this wouldnt be the case?

     

    Plus if it came to it could the courts not request proof of the money owed, or perhaps overturn the 2nd charge (given that it could be viewed as offering preference to a creditor, so to speak)

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