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  1. Hi, 3 days ago I were detained for "an offence of theft". I left the store (a Debenhams) with a small perfume bottle + watch in my pocket. I'know that i have done a big mistake in my life I can't deny. 2 men along with a security officer was outside and brought me inside a small room .They took the products back and they threatened me of calling police and finally they asked my ID (I'm not english, I'm from another country in EU), asked me for proof of identification ,I gave my DL and they took my EU address and asked me to sign the papers.I said them a correct address . They didn't call the police and they told me that i am banned from the entire shopping mall as well as they gave me a banned letter along with a RLP copy. Finally they told me that i wil be receiving a letter from RLP within a week. I have no excuses for what I did but I'm worried and I don't want to destroy my life in UK. So, I have many questions: 1) Will they give my details to police? 2) Will be leaving to my country,next week --> Will there be any detention in airport ? 3) Since i am for a short visit to UK,Would I have any problems to return in UK in the future(Related to VISA and UK on arrival verification)? 4) could I have any problems with a job? 5) the value was around £108 thats what they had mentioned, how much could be the fine? if it isn't too much I could pay and close the case (so I punish myself for what I did) Please help me on this, Since I am really tensed and Please let me know about RLP(Since they have taken the product back,Will they impose a hefty fine and will they put me in jail ??)
  2. Name of the Claimant ? Lowell Portfolio LTD Date of issue – 19/05/15 What is the claim for – The Claimants Claim is for the sum of £400 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Capital One under account reference XXXXXXXXXXXXXXXX and assigned to the claimant on xx/07/2014 notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. and the claimant claims £400 The Claimant Also claims statutory interest pursuant to S69 of the county act 1984 at a rate of 8% per annum from the date of assingment of the agreement to date, but limited to a maximum of one year and a maximum of 1000 amounting to 25.00 What is the value of the claim? £510 (400 + 25 interest +35 court fee + 50 Solicitors cost) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Not to the best of my recollection Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Husband became unemployed What was the date of your last payment? unknown, quite possibly over 6 years Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? yes, they weren't interested
  3. My OH has just received a PCN from PE about a stay in a supermarket carpark. This particular supermarket has more than one store in this town. The PCN doesn't actually state which of the stores it is, just Supermarket then town. I only realised this after sending off the GPEOL appeal when I was about to go on the Land Registry site to find out the land owners. Could this make any difference when it goes to POPLA? (Providing it isn't held up whilst the Supreme Court case is heard)
  4. Hi all, I've got a rental flat that I bought after the old lady who lived in it had sadly passed away. The tenant has contacted me as she has received two letters from a DCA regarding alleged unpaid utility bills from Eon. She called them to see what it was all about and they said they "couldn't tell her as it related to 'the people before' and asked her to pass on a case reference number and contact phone number! I told the tenant that she could disregard the letters but she's she's worried as they addressed them to her so I'm looking for the right reply to get them to cease and desist! Thanks in anticipation. Chris
  5. Background: In 2003 I took out a credit card with HSBC (who I held a current account with). This had a credit limit of £200, which subsequently increased to £500, then £800. In 2007 I defaulted on the card. This default shows up on two separate occasions (more on that later) as 2008. I had been querying with HSBC how the amount owed had increased to £1700+, and had not received any answers. I (perhaps foolishly) then left this. In 2012 I wrote to HSBC, quoted the card number, and stated that I believed the matter was not resolved, and that I would like to resolve it, as I was worried about any adverse effect on my credit history. This letter received no reply, I followed it up with an additional letter a couple of months later. Neither letter acknowledged any debt or offered any payment plan; both referred to my concern over how the figure had been reached. While this was going on, I was receiving phone calls from what I believed to be various companies (Keynes, MKRR, Compello, MKDP etc etc) asking for personal details, which I always refused. It subsequently appears the alleged debt was purchased by MKDP LLP, and they were pursuing. In 2014 I obtained a cred it report from Equifax, Callcredit, and Experian, as I was looking at obtaining a mortgage. There were a number of inaccuracies, but relevant to this was a CCJ obtained at an old address, by MKDP LLP, for £1796. I applied to the court to have judgement set aside, and this was granted on the basis that I had been a continual HSBC client, so they should have had my correct address. There was a condition that I filed a defence with the court by the 12th January. The default date on the HSBC entry on my credit report (I've got some historical ones) is shown as 10/05/2008. The default date on the MKDP entry is shown as 15/10/2008. Neither show on my current credit report. The CCJ has now disappeared from my credit report. Question I have always disputed this debt. Court action was commenced before the debt became statute barred (if you count the default date in 2008 as the cause of action, rather than the date I stopped making payments etc). What should I do? A solicitor friend of a friend has suggested I 'Put MKDP to proof', and has implied that they may not pursue this any further - I however think they will. How do I go about putting them to proof, and what should I ask for? I'm all ready to send some faxes today (I've found this a pretty effective method of instant communication), so I would appreciate: 1. Knowing what information to ask MKDP LLP for 2. Some help drafting my defence Any support gratefully received. Jim
  6. My friends boss who runs a hair salon today received a country court claim from an ex-supplier who is claiming for an alleged outstanding balance from two and a half years ago. The boss is not computer literate and therefore I am assisting her in the matter. The products provided by the business supplier were inferior to other suppliers and she sent all the products back. The supplier is now attempting to claim for monies allegedly owed even though he hasn't sustained any losses. The particulars are very vague and I have a feeling that an embarassed defence is the way so far, grateful for any advice. I have filled out the template for claim form below: You have received a claim form. In order for us to help you we require the following information:- an individual Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 14th November 2014 What is the claim for – the reason they have issued the claim? Product supplied and not paid for. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 20/7/2012 to 13/11/2014 on £1250.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £192.00. What is the value of the claim? £1320.00 Is the claim for a current or credit/loan account or mobile phone account? The claim is for a commercial balance that should not exist due to the products being returned. Also, he is suing the boss as an individual at the business address. It does not mention anything about trading as etc. When did you enter into the original agreement before or after 2007? N/A Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original creditor Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A Did you receive a Default Notice from the original creditor? N/A Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? N/A Why did you cease payments:- N/A Was there a dispute with the original creditor that remains unresolved? Yes, the products supplied by the supplier were of an inferior quality and all products were returned. The creditor demanded payment around the time in July 2012, however failed to take action till now. No Letter before Action had been received. Also, there is no known paperwork to hand regarding this matter. No paperwork has been supplied with claim form. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? N/A You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please not that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason. If you require CPR Part 18 - this will need to be drafted specifically. Would CPR Part 18 be useful to me in this particular instance?
  7. Hi, I was suspended from work on the 3rd of October cuz one of my colleagues, who I tort of as my only friend, wrote a letter of complaint against me. I have known him for over a year now as we both started the company on the same day. I met him on the interview day. Any way since then we have become quite close in and out of work. We work night shifts in a warehouse. The day the incident took place, which was the 28th of September he actually complained to the supervisor that night requesting that I don't speak to him. The supervisor came over to me and said that he's having personal problems and that I should not tease him. So I stopped!!! Ther was 2 hours left of the shift. The next night I didn't say a word to him. I had two days of and when I came in that's when my supervisor suspended me and showed me the letter. I've had an investigatory meeting to establish what happened. It's been 7 days since the meeting and I'm still waiting waiting for the outcome. Please help!!!
  8. Hi, I could really do with some advice: I've received a 34J 'Being in a bus lane (in the hours of operation) on Commercial Road (Nr Beecroft St) Leeds - the time of the alleged offence is 06:07. I was driving back from an appointment - in a route I don't usually use, but have no recollection of driving in the bus lane - it's not something I usually do and I don't know if there is a turning or a petrol station there but, from the image, the road seems deserted. I've read a few posts where these penalty notices are based on the bus lane being 24hr so am assuming this is what has happened (though still can't see why I was in the lane!). Anyway some of these seem to have been overturned due to the wording and hoped I might be lucky enough to get the same fate! It is a £60 fine with the option for reduction: 'If the penalty charge is paid before the end of the 14 days beginning with the date of service of the notice, the penalty charge will be reduced by half.' Appreciate if not, but would appreciate guidance if there is any way around this. Thanks
  9. Hello All, After approx 11yrs with no acknowledgement to Sols or DCAs, out of the blue a letter arrived at close relations address from DCAs, claiming that they are the owner of the alleged acc. This alleged debt has never been seen on CRAs files by relations and if it was, it has dropped off after the 6yrs, as I have checked for them again. If there was a CCJ issued it would/may have been many, many, years ago, relations not sure, due to time lapse. Nothing mentioned in DCs letter. What if any action should I take for them. All info/advice will as usual be gratefully received. "EXEMPLO DUCEMUS"
  10. Hi caggers, I have received a letter from Mortimer Clarke which I originally thought was to do with an alleged Barclaycard debt but now realise relates to an alleged Egg debt. The letter contains income and expenditure forms and a Direct Debit mandate for me to complete and states that if no reasonable offer if made within 14 days then they will issue a claim in the County Court. I sent a s.77/78 request to Egg in 2010 and received nothing so assumed they had no agreement form to support the demands they were making of me for payment. Should I reply to this Mortimer Clarke letter and if so how? Any help much appreciated. Cheers.
  11. Hi all, I've recently received a request to pay £98.98 for what is claimed to be a housing benefit overpayment from when I was unemployed. I got a letter from my landlord (northern ireland housing executive) basically saying they overpaid the benefit and if I don't contact them within 7 days a debt collection agency will be called in. No offer of any proof simply pay it. I've contacted them to ask for some sort of proof etc.. since my memory of is this: Once I started my job, I contacted them and informed them, they had some scheme where I would receive 2 weeks rent as a "sign off bonus" but had to provide payslips, I could not do so in the time frame so they billed me and I paid it. This was 6 1/2 years ago, and I do not have financial records from that time to prove anything. My father reckons there is some statute of limitation on this. Is that true? To be honest I really don't have £100 lying around to be able to pay this and I really think they are wrong on this and the fact that they left it for 6 1/2 years seems to be a joke to me. Any advice? Thanks Thomas
  12. Hi, im a mother of 3. Happily married to a graphic designer. Live in a decent house on a nice road (moved out of council 3 years ago). I am in my first year of a nursing degree and 2 of my kids receive dla for disabilities. In 2011 i claimed CA as i wasn't working and oldest was in receipt of dla, i started a small cleaning business and told all agencies of this. After 6 months the business died so reclaimed CA....I then work in care 4 months later and notified HMRC to inform about tax credits and the lady told me "we can ring CA for you", great one less call i have to make... Carried on as normal and then in november 2012 i received a letter for interview under caution, i had no idea what for. Once in interview they explained i had been receiving CA whilst working and earning to much. I explained what had happened and apologised and said i would repay overpayments. In june 2013 i got a letter from DWP to start repayments and that no civil penalty would be issued...Joined uni in sept 2013 and the in nov 2013 i received a court summons for benefit fraud. I immediately went to CAB and got a solicitor. The first 2 times in court we adjourned as my solicitor was trying to get it thrown out of court as its a small amount and has no public interest. DWP asked for evidence of my children's problems and my uni enrolment. On the third visit to court last week he said despite sending evidence the will not drop it, I've pleaded not guilty to the charges 111(1A) and (3) of social security act 1992. So i now go to trial in April for an overpayment of £4799 which £700 has already been paid back. Its the CPS taking me to court apparently not DWP...What can i do to help myself in court.If i get a caution i will more than likely be dismissed from uni as the NMC do not want a registered nurse with fraud on their DBS . I feel degraded and disgruntled at the whole situation and have never even received a speeding ticket. I am stressed so much i feel like I'm crumbling and I'm usually a strong person. Any advice would be greatly appreciated.
  13. Hi, new to this place but I gather others have experienced this problem and received good advice. I stayed in a Travelodge recently with my two children. Unfortunately in the morning before we checked out one of the children was sick in the room - a small patch on the carpet, on the duvet and on the mattress. The duvet did not have a cover because, despite requesting one repeatedly, it was not provided. I cleaned up as best as I could and the front desk was informed. I have received a letter from Civil Recovery Solutions demanding payment of nearly £300 for, among other things, damage caused during my stay, loss of use of the room etc. I have had no previous contact from Travelodge concerning the matter. The letter states that I have broken IMPLIED terms and conditions. I have requested from Travelodge a breakdown of the costs incurred as well as proof of the consequential loss as the room was unable to be re-let. CRS have stated I should liaise with them not TL. I wondered if anyone can add anything to help me out? Many thanks if so!
  14. Hi, In 2007 I worked for a short time in a school. Cutting a long story short I resigned because my depression crept up and I got an email from my manager saying, it was better to resign because i did not declare it. I didn't have to and felt it would be a bad move I resigned and said there was a lack of support. I then found out there had been an alleged overpayment of salary. I argued at the time this was wrong, but they went ahead with the CCJ. At the time this was all going through I was very ill diagnosed with complex PTSD...(won't bore you) I started looking at my finances this year with someone and we decided to look into it. That we discovered was that I was employed on a salary that was advertised, but later found this was incorrect and in fact I was on a lower salary. The Local Authority has argued this and today sent a letter saying there was an error, but all we will do is adjust the amount of the CCJ. I did a SAR request and there was nothing to clarify the overpayment, the payslips show the lower salary, but no overpayment. The LA seem to have missed the point, all along I was right there was an error in the initial job advert, then the salary and then the way they have handled things. Even when threatened with the CCJ I said there was an error and that I would pay £10 a month, they took this as an admission. I feel a little cheesed off with this, as it stands I have written to the local MP and chief executive. The CCJ has been very destructive in my life and I even took out a CCJ to try and deal with the debts. This was all at a time I was not myself and because of my medication had my driving license revoked. Any help please..........I advise people on mental health and debt and benefits, but myself, well what is it they say
  15. Scenario: An employment agency is alleging I have been overpaid, this has occurred several months after I last worked through them. The alleged overpayments where paid directly into my bank account . They are asking for the money back. I had no formal contract with these people and there is no payslip or any other evidence of what this payment may have been for. The job I was working on (with no contract) actually ended some six weeks earlier than it should have - with no contract I had to take that on the chin. Ironically the amount of alleged overpayment is about what I would have earned had the job lasted as long as I hoped it would have. They have given me 1 week to get back to them with a written proposal on how I intend to pay the money back. Any help re the legal position on this would be appreciated. Thanks.
  16. Hi I am trying to deal with my credit history and found a CCJ. This relates to an apparent overpayment of salary in January 2008. I was employed for a short while, but went sick with depression and resigned. I believe they may have paid me sick leave and then gone 'ooooops' shouldn't have done that. To cut a long story, I was diagnosed with depression in 2001, the PTSD and later something more serious, I would have certainly fallen into the Mental Capacity Act because of the medication I was on. They have said they will need proof about my capacity, this is where mental health gets a bad deal. Geting the paperwork back from the local authority, they say i still owe them the overpayment, but nobody has explained why. I believe as far as i can remember it was an error on their part, I really don't know. They have included a long letter saying that the letter enclosed shows I admitted the debt. The letter reads 'I write in relation to the account. I thought this matter had been resolved as I still maintain this is a clerical error' _ Am I right in thinking this is an admission of guilt !!! They are also state that should I wish to take the matter further, then I will not be successful and incur more costs. I wanted to set aside the CCJ. I was diagnosed in Nov 2009 with a condition call Borderline Personality Disorder, which kicked the wind out my sails. I also meant I could no longer work as a counsellor. I offered them £10 a month in July as at the time I was so confused by everything, I even stupidly entered into an IVA because in August 2009 they slapped a CCJ on me for this salary overpayment. I have very little on credit but this CCJ..... I would love peoples views, I am well on my way to recovery training and helping people with mental health and debt, just need to sort mine first. Am I right in asking for proof of the debt, sending my diagnosis letters..
  17. Hi, over the past few years, i've received letters from the DWP stating that i owe them £2561. Apparently the debt dates back to circa 1996/8. I have no knowledge of this debt and when i contacted the DWP to ask them to prove the debt, they couldn't provide proof. I therefore ignored it. Last week i received a letter from a debt collecting company stating they had been hired by the DWP to recover the debt. Before i contact this company i was wondering if anyone could offer me some advice. I should have stated from the beginning that i have always lived in Scotland and the debt collectors are an English Company. Akinika i think. Thanks in advance, Bern.
  18. Hi guys, first time poster so sorry if I break any etiquette... I've been sent a Notice of Intended Prosecution for the alleged offence of driving whilst using a mobile telephone on 20/05/2013. It arrived today (04/06/2013) - I make that 15 days after the offence(?) Also, the letter is dated 03/06/2013 which is 14 days after the offence - am I right in thinking that the police must send the letter TO ARRIVE BY 14 days after the offence? If it makes any difference, I don't think I was guilty of this offence. I occasionally check my phone when at traffic lights and this is all that I can think has happened. On the FAQ form sent with the NIP it says "If your notice arrived after 14 days, it may be because the type of alleged offence involved is not one to which the requirement applies. Alternatively, you may have been named as the current driver / keeper / hirer of the vehicle or the Central Ticket Office may have applied a statutory exemption." Is there anybody who has some expertise in this area and could give me some advice? Thanks
  19. Received a new one this morning page 1 from Orange saying they sold the account to Arrow in Dec 2012. Page 2 is from AG, "Notice of Assignment", telling me Fred's are the ones handling it and to contact them, with a "fair processing notice" at the back, which I haven't scrutinised yet. Page 3 is a cute "FAQ" page with little speech bubbles in pastel colours and whimsical fonts. Now then, has anyone already seen these/scanned them on here? I'm happy to scan them later on if not, but not to do it if it's old hat, lol. Like I said, I have never seen this one before, but then DCAs have been giving me a wide berth for a while, lol.
  20. I have recently received a summons for a debt to EE which has purportedly been assigned to a third party. I have asked them for the following information - copy of assignment notice between third party and EE, copy of contract between myself and EE, and breakdown of debt to EE. I have spoken to their representatives and asked for the above information again and was told that they are not obliged to provide the contract as they are not bound by the CCA. Is what I have been told correct or are they telling porkies in order to get me to pay. What might my chances be of defending this claim on the basis that they will not provide this information. Any help greatly appreciated!
  21. Hello everyone, Today I received a letter from Moorcroft about overdue debt to Orange of £80.99. This is the first I've heard of it. I phoned up Orange and while they were very nice about it, they were also pretty useless. All they could tell me was that it was pertaining to my old account. After my original 24 month contract ran out I had a look about for a new one, the best I could find was with Orange again but to get it I had to set up a new account and cancel my old one, so I did. This was in September, I phoned up and cancelled it as well as cancelling the direct debit just to try and avoid a situation like the one that seems to have arisen. I've spent a good hour or two threading threads here and elsewhere about these jokers so I'm not as worried as I initially was although I'm not looking forward to potentially years of threats. So my question is what is the best way to start off this farce? Thanks
  22. Hi I received a PCN some time ago issued inder contravention code 46 (stopped or prohibited on a red route or clearway) which I don't think applies. Thew vehicle was recorded as being stopped at 20.21 on 07/08/12 which as far as I can see is outside of the restricted hours on the sign (pic below). Their photo evidence shows the car is inside a parking bay. Outside of the bays is a single yellow line. There are no red lines on the road and there atre no signs saying the usual 'no stopping 6am-midnight'. So I challeneged the notice. The wording of my challenge was this: I am writing to challenge penalty Charge Notice xxx The alleged contravention did not occur because code 46 (which refers to a vehicle being stopped where prohibited on a red route or clearway) did not apply at the time and date that the vehicle was stopped. The sign clearly shows that the clearway restriction is limited to certain times only for 2 hours in the morning and 2 and half hours in the late afternoon/evening. I have included a picture of the sign which shows the times at which the restriction was in place The vehicle (reg xxx) was recorded as stopped at 20.21 on 07/08/12, i.e outside of the restricted hours On this date the sign clearly indicates (by the words “No stopping at times indicated by sign”) that the clearway/no stopping restriction only applied between the hours of 8am to 10am and from 4pm to 6pm Since I was stopped outside of these restricted hours then no contravention took place and therefore would appreciate your cancelling of the PCN. PS There are no signs in the vicinity of the vehicle , from corner to corner with a 6am-midnight clearway restriction, so your claimed photo evidence is invalid. All 3 signs in the area show the same 2 to 2and half hour restriction as the photo enclosed. "> They have since written back to say that this PCN is an instant contravention, not requiring any period of observation before the issue of a PCN and that they have considered the grounds of my representation and "have to advise you that we have found the notice to have been correctly issued" ... I am now confused ... either they are not listening or I am missing something ......so would really appreciate your help right now ... should I just give in and pay (the higher fee by now) ? Cheers
  23. Hi All, This might be lengthy so I apologise. I'll start of by explaining my journey and what I've done since and hopefully see what advice there is. I'm feeling bullied and treated like a criminal for what ammounts to a mistake i rectified as soon as possible. I took an early train from London st pancras to london gatwick (airport) at around 3:30am Tapped in with oyster card at st pancras Got to the other end and asked the staff where to tap out - got taken to a inspector and told I had to pay a penalty as I was 1 stop outside the oyster zone. I explained I couldn't pay the £20 and I had a flight to catch and couldn't he just sell me a ticket from the last stop. He said that's what he was saying and I could simply pay the minimum £5 single fare and deal with the rest on appeal. Took my penalty slip, caught my flight, thought nothing more of it, got back a few days later and due to my accommodation (hostel) I managed to misplace most of my paper work, which meant re-printing flights etc but thats a seperate matter. Unfortunately I didn't have the fare letter. Fast forward to a few weeks ago and I now have a 'Final Notice' that I avoided my fare and had admin costs etc to pay. I wrote back, explaining the situation that I believed I was going to a london station, paid the remainder of my journey on arrival and had no chance to do otherwise. I'm now facing a 'Notification of Alleged Fare Evasion' and a fee to pay of £55 (£20 fare, £40 prosecution, -£5 already paid) The letter states 'I therefore contend that the intention of crystalgeek was to travel on the railway without having previously paid and intent to avoid paying' which is completely untrue - the ticket inspector checked my oyster card and saw I had tapped in. What do I do now? Will I have to go to court and if yes, what chance do I have to prove I was travelling without having payed and intending not to pay The letter quotes Section 5.3a of the Regulation of Railways Act
  24. Hi I would be interested to hear from anyone who has been taken to court over an alleged payment shown on a Transcops screen shot provided by Robinson Way. This relates to a LLoyds bank account debt from 2004 that should be statute barred since I have not made payment within 6 years of the default occuring. However, Very handily their Transcops screenshot shows a payment termed 'payment by agency' in 2005 which enabled them to issue the claim as its within the 6 years. I'm in the process of appealing a decision by a district court judge who ruled in favour of Robinson Way despite the fact that they were unable to provide a copy of the default notice and furthermore were using this Transcops screenshot as their only evidence of payment. Any experience of cases involving Transcops being used and the outcome would be of great interest to hear about. Many thanks Ian
  25. Hi all, I have received a letter today from the Metropolitan police saying 'Notice of Intended Prosecution' on a car that I sold prior to the offence date. I have sent the log book off but have not received confirmation from the DVLA. However, I also have a basic receipt of sale showing that I sold the vehicle signed by both parties (myself and the seller). I have enclosed a copy of this for the police along with a covering letter and their form that they requested I completed. Are there any other tips, points or things i need to know to cover my butt with? James
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