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  1. Looking for some advice. I defaulted on a black horse personal loan on 2012 (not hire purchase) which was taken out for a car in 2009. This was included in my sequestration. The car was not repossessed as the value of the car was too little. Black horse have confirmed that the account is closed but that I still have a balance. 5 years later I would like to sell the car but when carrying out a HPI check the balance is showing. Do I have the right to sell this car?
  2. Four-time bankrupt hit with fourteen-year restriction READ MORE HERE: https://www.gov.uk/government/news/four-time-bankrupt-hit-with-fourteen-year-restriction
  3. Same old story I'm afraid..... We had a loan via GE Money/Home lending for £5500 and had only managed to make a few payments on the account when i lost my job. We spoke to GE and advised them of the situation, that the problems were only temporary and that we would make arrangements for the arrears to be cleared as soon as possible. The call taker insisted we make a payment arrangement but as we were living off thin air I was unable to do this. I offered £5 a month token payment which was refused and advised i couldnt do anymore at the present time. The debt was subsequently sold to Link Financial and shortly after recieving a letter from them we received a very rude call from someone at link who advised me "We own the debt, you owe us £6600 (or thereabouts) can you make full payment now?" I advised that I didnt have £6600 knocking about and that we would be able to make a payment offer but was just advised "we'll be sending you court forms" and the call was ended by them. Duly the court forms arrived and unfortunately due to fighting repossession we did not attend the hearing. CCJ granted and now they are going for charging order THIS FRIDAY 12th (in a court 60 miles from our nearest court!) . How can i avoid a charging order? Postpone the hearing?? It is in our mortgage terms that if someone applies for second charge they can cancel the mortgage/sell our house!!! I have just started a new job and could not get the time off to attend. Any payment would have to be small due to arrears on water/elec/gas etc and we do not currently have the money to pay court fees to have set aside???
  4. Hi My mother has been made bankrupt following a stat demand. I really need advice on this issue from someone urgently please The demand was served by a gentleman at her house personally, however had no dates on the demand. It just stated to pay within 21 days. It mentioned the case would be heard at the local court, but no date was given for a hearing. The debt was for £15877 which was owed. Yesterday we believed was the 21st day, but difficult to confirm as no dates on the stat demand. We paid the solicitors yesterday in full, but received a call from the receivers to say the bankruptcy order had already been made that morning. Should my mother have been made aware of the court hearing in order to be able to represent herself and offer the payment? I have read that she would have received a bankruptcy petition and a date for her court hearing, is this true? Is there anyway to get this annulled now, as bankruptcy would be catastrophic as she cares permanently for my father who has dementia and Alzheimer's, and this stress could truly destroy them both. Any help will be hugely appreciated as right now I'm feeling completely broken for them. Thanks
  5. Hello, I was declared bankrupt on 19th May 2017. I had a CCJ from Capquest that predates this by a month or so. The other week I received a letter from the County Court stating Restons have applied for an attachment of earnings for Capquest. I returned the N56 and attached a cover letter explaining the debt was included in my Bankruptcy and included a copy of the bankruptcy order. I sent a letter to Restons with this detail also. Today I received a transfer of proceedings form moving it to my local county court. It states I never returned the N56, which I obviously did. I have spoke to the official receiver and they ahve stated that Capquest got sent the statement for creditors and should be aware of the bankruptcy. They however told me they will not intervene with the court and I should seek legal advice. How do I get this sorted? Do I need to apply for a change of order? The letter states a bailiff will attend to deliver a N61. Should I be concerned? Any help appreciated.
  6. Hi, I'm hoping somebody here may be able to advise me. I have recently become bankrupt at the end of May. The DWP have just sent me a letter claiming an attachment of earnings to cover an old social fund loan. I did include this in my list of debts on the bankruptcy application. Can they still go ahead with the attachment of earnings depsite my bankruptcy? Thanks
  7. This is f....g rediculous. They mess up my calculation...let it run for years and then give me a 2 year backdated attachment of earnings. for over 800 pcm. (for one child). I had to leave my job....I got a much lower paid job and they were taking 350 for maintenance and arrears. I get another low paid job...they then accepted 250 for arrears only as the regular payments had stopped. I get another job and try to contact via email and web enquiry. No reply. Suddenly...without warning. £425 per month out of my bank account. I cant even afford my rent or electricity. And this is without travel to work costs or food. What the hell do I do.
  8. Hi all, Hoping somebody may be able to shed some light on my question.. I have a judgment against an individual. I have come to realise his name is misspelt on the judgment. Have been advised by the court to make a formal application to correct this using an N244 form 'Notice Application'. My question really is regarding what court fee I am supposed to pay. Ive read the official fee guide but it doesn't make it very clear regarding this type of application. Any thoughts? Ive already emailed the courts to ask but thought somebody may have the answer on here. Thanks in advance
  9. Hi everyone this is my first post here so ill start at the beginning, when i was younger i had several loans from natwest and one rolled into a bigger loan several times over the years, after contact rbs they said i had 5 accounts with them and that so far they had one loan of £4.5 with an offer of £170 (like 4%) , then another account was 10k with £1900 offered (19%), then an £11k one still awaiting an offer , then an 18k one still awaiting offer. the last one was £1700 loan with no ppi so no offer. Heres where it gets interesting i was sold the ppi as you had to have it to get a loan with them and that in the event you were off work it would pay your loan until it finished or you went back to work , this however turned out to be false as i found out when i had a back injury was off work and the ppi ran out after a year leaving me with a loan to cover whilst not working which lead me to going bankrupt, being bankrupt then made it difficult to find work ( no banking industry ) and even when i ended up working for an insurer the highest level i could be employed at was the job i had at £21k pa, the next job up was £36k (which is what i should of been doing) so i lost out on 15k per year when i went back to work. Now i see that as some sort of damage (expectant measure, reliant measure, liquidated damages or professional negligence .) so in effect from me returning to work in 2009 (bankruptcy 2008) that until 2014 this was being held against me in terms of jobs and salary. Could i claim 5 years at £15k a year loss? Now that the bankruptcy is discharged will any payment from them go to me or insolvency people? My next step will be to SAR them before accepting any offers they have made or will make. is there any time frame for the SAR to be carried out by them? and how long do you have to accept an offer. thanks for your help
  10. Following a long hard battle with NRAM they have finally admitted that my claim from recompense due to their error regards the CCA is correct HOWEVER I was made bankrupt in 2012, I was discharged a year later. NRAM have sent me a letter stating that customers who are bankrupt or in an IVA will not receive remediation.. Is this correct? They state that remediation would be an asset in the bankruptcy. The fact of the matter is that during the period in which they cocked up I was paying off my loan etc ( I was not bankrupt at this time!) I am discharged They state there is no monies owing because of this Advice greatly received Thanks
  11. HI i need some advice on my situation. Ok so my home has been reposessed and ive moved out, since they are looking to evict on 1 september. ive been very lucky in having a friends flat available so that is OK. the overall plan is to declare bankruptcy, to clear all my debts. the questions i have are the following: 1) There WILL be a shortfall from any re-sale of the properly, quite significant in fact. If i declare bankruptcy, will they still be able to come after this negative equity shortfall? this i am unclear on. I should add that during the reposession, a money order was also made for the full mortgage amount. 2) there is a charging order on the property from another loan that HSBC slapped on me. I have looked into this, and it seems to be fraught with complexity as to weather it will be included in the bankruptcy or not. In fact, this even escalated to a warrant of control. hence why i moved before being evicted. the point is that since the property is reposessed, what is the situation with this? I am very confused. the whole point though is that going bankrupt is the last resort but i dont want to do this and have two highly significant debts left over that are going to make the rest of my life a misery. its already bad enough. thanks J
  12. Hello there... Need a bit of guidance regarding my father. He had some things Perfect Homes in Wolverhampton. Account lovely and smooth. They along with other people allowed him to carry on hence him getting into debt. Now my father is slow. He went to school for children with certain needs. My father is easily coaxed, frightened and easily manipulated into things. I have to keep bailing him out. That is if I find out what he has been up too. He is a lovely man regardless... My father had that many debts I didn't know about - so one firm told him to go bankrupt. I didn't know about this until he told me he couldn't get his benefits out the bank. I questioned him and then he told me. His accounts had been frozen. I told him off and asked him why he had gone bankrupt. He is supposed to be telling me off not the other way round. I managed to get his money out the bank and spoke to his OR (official receiver) and asked her to start guiding my dad being as she was the one who dealt with the bankruptcy. Now my dad has an account with P.Homes and they phoned him while I was there. I asked him why these were not in with the bankruptcy. He said Perfect Homes told him that they do not come under bankrupcy and they would do him for fraud. He believed them as she rudely ridiculed him in the shop. I told my dad to phone his OR and ask her. His OR has now put them on the bankruptcy. Now, while I was out. My father got a phone call from P.Homes having a go at him about a missed payment. That they would put costs on, take him to court, he will go to prison for fraud and embezzlement. They want the goods back (yet I heard if you've paid one third they can't) My father was told by the woman to come straight into the office and sign a form. My father went in, she gave him a piece of paper to sign but she did not tell him what the writing was and he did not read it as she was rudely talking to him making him feel small. Manipulation. My father agreed to paying £25 a week on this paper but the terms he does not know. I asked him to go in and cancel what ever he had done. She said he cannot cancel it. She also said when he asked her for a copy that she could not fetch it as she had customers in the shop and needed to attend to them. There was no one in the shop. She was rude to him. Belittles him as a man. My father can't hardly read, he is on Tramadol, is disabled and half deaf. The woman had no right to talk to him like this. My father has no contracts from anything his had from there apart from three. He has not signed for insurance yet they have put it on. On the three forms that he has - insurance is on but no signature of my fathers. He has also never received statements so he does not know how much he has paid etc... I have sent an email to Perfect Homes complaining about the staffs treatment of my father. I will not have him collapse again. I have also asked for them to cancel the so called letter agreement that my father never read. And I have also let them know I intend to pursue it! Any guidance, tips, information would be much appreciated. Note to others: Do not have anything from these people.
  13. Firstly, hello and thank you for taking a moment to consider reading this and helping A close friend used this before, said the advice and support saved him through a very tough time financially, as a result he came out the other side and contributed back to the forum, I hope I'm able to get some advice too. I welcome an experienced user moving this thread to a correct forum, I'm afraid I'm unsure which one is best. I'm reaching out to people to seek advice on a very tricky financial decision we find ourselves stuck in, I'm listening to as much advice as I can get, I hope you'll take a moment to read through it, I've tried to be brief. Thanks in advance.* Myself and my wife have been together 15 years and have 2 children (age 4 and 2)* We lost a long term family business to liquidation in which we were both involved; as a result personal bankruptcy followed immediately afterwards. Myself and my wife are now 5 months into the 12 months of personal bankruptcy.* After the initial assessment into our statement of financial affairs we were signed up to a three year income payment agreement and now pay £80/mth (£40 each) This was originally worked out on two salaries of £30k each and payments are due to be paid for a further 2.5years.* * As can be expected we've found the process incredibly hard, however I find we've gone from a happy relationship of 15 years to near divorce and now have regular (albeit free) counselling sessions. I've contemplated suicide for a while and come fairly close three times. We're short of money every month and have to beg from parents to cover one off expenses that were outside the budget.* On a more positive note, she has just been offered to transfer to a new job at £90k earnings. This is comprised of £40k basic and projected bonuses for around £50k. She's fully investigated and is happy with with proof on how realistic the bonus scheme is. These bonus payouts will fluctuate significantly on a month to month basis.* The income from this one job is far higher than the income for two separate jobs.* The job would involve a huge life change with personal sacrifices on both sides. It would probably also mean me stopping work to look after children full time. She would have to travel more, work away four nights of the week, see the children far less amongst other considerations, however in the weigh up in this area it seems at first definitely worth doing.* It's also worth noting our childcare expenditure is also changing soon with one child moving from nursery to school saving £350/mth and in January the other child's nursery fees reducing by £150/mth as the 15hrs/week childcare allowance kicks in.* There are plenty of variables for us to consider whether this is the right thing to do, we're seeking advice from this forum for knowledgable third parties on the main issue: It is to do with declaring the potential income and expenditure changes.* What to declare, how much is handed over, how, when and for how long etc etc. *Basically this would help us know whether to make so many life changes and if it is all (at least financially) going to be worthwhile.* Any input and ideas in relation to this issue would be gratefully received. Please also reference what experience you may have had in dealing with anything similar.*
  14. Hi. I know I'm posting in the wrong area but my iPad is refusing to let me post under bankruptcy. My husband and I were wondering about what is classd as income when going bankrupt. I work part- time and he is in receipt of ESA contribution based, PIP. We also receive Child Benefit, CTC and WTC along with Housing Benefit and Council Tax Benefit. We have a lot of debt and are just waiting for our home that was repossessed to sell so we can add the shortfall to the bankruptcy. Many Thabks
  15. I live in a shared ownership apartment, . The premises are 5 years old I was told after I moved into the apartment that the original builder had gone bankrupt. I was never advised of this by may solicator. Should the Housing Association have made us aware of this ?
  16. Hello, I'm looking for debt advice (a payment break or the possibility of bankruptcy). I'm currently self employed and have been since 2006, business was good at one time but over the last 3 year my income has slowly decreased to the point where I'm working 12 to 14 hours a day, 7 days a week for very little money. I have tried to find full time work but had had no offers of employment locally in the last 3 years although I have had offers of work 200 miles away with a company I've worked for in the past, the offer of work with is still there. Unfortunately I'm unable to raise the money to pay rent, deposits etc so I can move to start work. I've been on housing association waiting lists for the last 3 years for the areas I've been offered work and have so far had no offer of housing, the employer hasn't been able to assist with housing. I'm 34 year old and live rent free, my home is owned by my parents. The house needs a lot of work on it and I do some of the work in return for free accommodation (I pay bills, council tax and other expenses). They supply materials and I do the work. My parents don't live here, they live elsewhere. I don't have a tenancy agreement or contract, it's just a verbal agreement between me and my parents. I have debts of around £14000 which include about £3600 priority debt (council tax arrears). My non priority debts are all unsecured. I did have arrangements with creditors to make token payments but due to a sudden drop in income I haven't been able to make any token payment for about 6 month. My priority creditor has now tried to arrest my bank account but there was insufficient funds. I fear that they may now bankrupt me. In about 3 to 4 months time my parents plan to sell the house I live in, I have been offered some of the money from the sale of the property to pay off creditors and to relocate so I can move to go back to full time employment (that's if I don't find work locally). What I would like to know is, what are the chances that if I ask creditors for a payment break for the next 4 or 5 months with an offer of repayment in full at the end of the payment break that it will be accepted? I would also like to know, if a creditor was to bankrupt me (or if I choose to bankrupt myself), would my parents be told? (They are the property owner so may be seen as the landlord). Their well aware that I'm in debt but have a lot of problems of their own at the moment (health and non health problems). I don't want to cause them any more worry than they have already. If I were to end up bankrupt (whether voluntarily or non voluntarily) what are the chances I'd lose my car? It's not worth a lot, I bought it for £750 through auction a few year ago, I don't know what it's worth now but have seen others selling for anywhere between £500 to £1200 and seen a few garages selling the same make/model for £1800+ but the cars seem to sit on their forecourt for a long time s o I don't see that as a realistic valuation. I rely on the car for my business, I also need it to help out with parents (they both got health problems and their mobility isn't what it used to be). Apart from my car I have very little other assets and my savings have already been used up paying off various creditors over the last 3 year. My only other assets are a very old laptop (not worth much and has a lot of problems, mobile phone (also not worth a lot), tools I use for business (estimated valuation £300) and the clothes I wear (nothing fancy). Ideally I'd prefer to ask creditors for a payment break with a full settlement at the end of the payment break. If I needed to I'd go for bankruptcy but it would be a shame as I've already worked hard to clear a good bit of debt. The pressure of being in debt and having creditors on my back has had an effect on me mentally and I'm currently on medications for the way I feel. Any advice would be greatly appreciated and I'm sorry for a long post, I'm not that great at writing these things.
  17. I was declared bankrupt 10+ years ago and discharged 12 months later. I since applied for ppi which was successful with the Halifax they have sent said amount to the insolvency service. Can anyone tell me if this is correct or can I get the money back off the insolvency people.
  18. Hi, I am about to be served with a bankruptcy petition and really need to know something. the bankruptcy relates to a personal guarantee that I signed a few years ago for a company which then ran up a debt after I left. I do not have the money to pay for this debt and even if it did I wouldn't. I have a car which is registered in my name but purchased by my existing company of which I am a director. Because I knew I was going to be bankrupt my wife started a new company in her name of which she is sole director. can I get my wife to buy the car from the company I am a director of so it cannot be touched. Technically I don't own it so think it should be ok and hen it gets registered in my wifes company name instead of mine or hers? Many thanks
  19. Hi, this is my first post, so I hope I can explain the situation properly. I have a series of old credit card and bank overdraft/loan debts arising from previous financial problems, a divorce and health problems, all debts are unsecured. Some of the debts are joint with my ex. I was in a payment plan which stopped interest running but since November 2010, through ill health, I have not been able to make any further payments. Admittedly I have just left everything and apart from filing letters did not contact the creditors until March 2011 when I considering making myself voluntarily bankrupt. I wrote to some creditors to establish what they claimed was owing. I could not get the funds together to pay for a bankruptcy so decided to leave it to see whether the creditors would force it on me and pay for it themselves. I have no assets and don't own a house, although I do have a pension scheme in a SIPP which is not being drawn on. Nothing much happened until 22nd July 2014 when one of the creditors issued a claim form. The original creditor was CITI card who, apparently without my knowledge, transferred to debt to Cabot Financial in 2006. At the time I was in dispute with the amounts shown as outstanding by CITI as some payments made under the DMA had not been properly allocated. I then found that, despite the previous agreement with the DMA, Cabot were charging interest and had still not allocated the payments correctly. Several letters passed but the account was never adjusted, so the amount on the claim form is not correct in any event by £ 254.90. OK that is the background. So to the claim form. From reading other posts on this site I can give the following details to help with any advice you can give:- The claimant are Cabot Financial, Restons Solicitors Limited are dealing with the case. The POC are that 'The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Citifinancial dated on or about 17/01/2001 and assigned to the Claimant on the 30/05/2006 in the sum of £ 4,864.92' the account number and give a date of 01/07/2014 default balance 4864.92 Post Refrl cr Nil. Total 4864.92. Added to this are court fee £ 185 and solicitors costs £ 80 making a total of £ 5,129.92 it seems to me from reading through the posts that I should 1. Acknowledge Service online with the Court but state that I intend to defend all of this claim. 2. Send a letter to Restons for a CPR 31.14 disclosure. 3. Should I refer in that letter to my original dispute over the incorrect allocation of payments and interest or leave this until I submit my defence? 4. Do I send a copy of the letter to the Court and Cabot? Someone suggested I should contact the Court to tell them what I am doing, is that correct? Once they receive the letter I understand they then have 28 days to respond. Unfortunately I will be away at the end of August, what happens if something arrives while I am away? Do I advise the Court or will a deadline fall into that period? I understand I have 14 plus 3 days to file the acknowledgement and then another 14 days to file a defence. But does that 14 days run from when they supply the details requested? If they don't respond within 14 days to my letter, can I delay my defence by some means? Sorry I am rambling, but this is getting complicated and my chemo brain cannot cope. The other issue, and one reason I haven't been able to address the issue is that, I understood, as I cannot pay all of the debts, I cannot prefer one creditor over another. The main debt is to a bank and that is joint with my ex who has continued to make small repayments. As it is First Direct, they are not prepared to make any concession on the amount they want whereas other creditors have offered reduced settlements in the past. Does this overall situation affect how I should proceed? Obviously the original creditors were aware of the position when we entered into the DMA. So how can I prefer one creditor to the others even if I could make a payment into court to avoid a CCJ? Any help you can give would be much appreciated.
  20. Morning All A situation's cropped up that I can't quite get to the bottom of. Any advice would be welcome. As a discharged bankrupt I complained about PPI to my creditors. The Accountant in Bankruptcy was fully aware of this and supported it. I reclaimed over £10,000. I've recently had letters from MBNA with further redress. Obviously, as a bankrupt, the money was sent to my Trustee, etc. Some of the refunds (such as those from MBNA) took account of tax on the 8% interest. Others (a big chunk of the debts) did not. They paid gross. I'm now self-employed while I await surgery. I certainly don't earn a fortune. How do the tax arrangements work out for a discharged bankrupt who has never received the redress in the first place? Any help would be good. Thanks
  21. Hello, I became bankrupt in December 2011, and have confirmed that I was discharged in Dec 2012. In June 2012 I was issued an Income Payment Agreement, under the terms of which I must pay £105 per month until June 2015. I have just been made redundant and am now ( temporarily I hope) unemployed. The redundancy payment made to me was £12k. My question is simply, is the redundancy money mine to keep, or, despite the fact I am discharged, is it still possible for the OR to claim some or all of this money ( the sum owed at bankruptcy was £37k )? thanks
  22. Hi, I am a bit in the dark when it comes to these things and I was hoping somebody may be able to shed to light on the issue I have at present. My partner and I have split up and she is going to go bankrupt. The house is our joint names and I still live at the property. We have switched to interest-only repayments around 15 months or so ago, so there are some arrears already. There is no equity in the property and whilst I have a few financial (work) struggles myself I hope to be in a position to take on the mortgage in full shortly. Reading other posts it sounds like if there was equity in the property, it would have to be sold to repay creditors, but it is unclear what the options are when there is none. In the worst case scenario of enforced repossession what sort of time scales am I looking at before I am evicted or have a chance to come up with a solution/agreement with the mortgage company (NRAM)?
  23. I went bankrupt in 2010 jan I have lost my job thru ill health and now on benefits and struggling. I have been informed by the bank that I had ppi in 2008 2007 which I dint know about the bank sent me the forms to claim it back. I was told that the Insolvency can claim it this back I was discharged in jan 2010 from the bankruptcy can the Isolvency claim it If I do fill in the forms and why should I it was not my fault what happen to me I have been suffering with my health just found out I have cancer can someone help me and when does the bankruptcy stop
  24. to cut a long story short I finished cancer treatment in 2012 got into a awful amount of debt my dad had cancer treatment at the same time but he died, my marriage fell apart I am on ridiculous amounts of medication including 2 types of anti depressents, i live in a housing association home which I moved to from a larger housing association house to be nearer shops as I had to sell my car as I had rent arrears I have no assets everything is in my husbands name, i look after my 3 year old granddaughter so my daughter can go to work, the debts are around £15000 which are mostly credit cards and catalogues, i have managed to now keep up with the rent and council tax but have piles of letters and court orders from capquest and others I am trying to save to go bankrupt but as this is now £750 it is going to take a while I need help with how to tell creditors I cannot pay and tell them I need to go bankrupt I have asked them all to start bankruptcy proceedings against me but they wont, now a capquest court order from Northampton has come again today and I just feel like ending it all if it wasn't for my granddaughter I think I would please help
  25. Hi Everyone this seems like a nice forum so i will tell you a little about me and the bankruptsy i am planning. I have around 16 thousand pounds on credit cards (which i have always tarted around to avoid paying interest) I have a Finance agreement on a van (9 thousand pounds) i bought new around 18 months ago along with 20 thousand in personal loans. So i owe in the region of 45 thousand pounds. I have always been able to make payments and have never defaulted (not even at the point of writing this) and have always been good with my money. Although i owe a lot i have always paid up and have an excellent credit rating. My wife has a good job and until recently so did i. My problem is i have lost my job and i am unlikely to find a job that pays as well as my old job. I am looking but i am having no luck. I am looking to pre empt my bankruptsy and to file before i default on any payments. Its simply down to the fact that in 2 months from now i will not be able to make my payments. By filing for bankruptsy before i default will this be held in high regard with the official reciever as i have been proactive? We will need to make 1000 per month in payments for the unsecured debts and simply can't afford any of it. I am devastated. We have just moved into lovely rented accommodation and are worried our landlord will kick us out if he finds out we are bankrupt. I believe that we will have to pay around £700 each to file for the bankruptsy? My worry is this will take us further overdrawn. Our other worry is when our accounts are frozen, how do we pay the bills? my wife will still be getting paid but we wont have a bank account? Are we allowed to take out money from our accounts before we file for bankruptsy so we can pay our rent and bills etc or will this look bad on us? After our outgoings are taken into account of my wifes wages we will have nothing left over each month so will we still have to make a payment for 3 years or will our bankruptsy be over in 12 months? What about our car (we own it) and its worth around 4k? We also have the van (on finance) but i will need that if i find another job. Will they make us sell the car and give the van back to the finance company? If so how will me and my wife get to work or pick our daughter up from school? This is such a mess. I am on Diazapam as i write this (because of loosing my job last week) and my head is gone. I hope somebody can offer some words of comfort but please be honest. Thanks.
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