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  1. Hi and thanks in advance. I have been absent from work for a while and have been diagnosed with chronic depression and anxiety the depression has been related to a previous diagnosis and treatment for cancer. I have made some strides mentally and feel that I am now in a position to return to work and have been advised by supporting organisations that I should be entitled to certain reasonable adjustments. I have formally requested certain adjustments from my employer but they have all but declined my request and seem to be following their sickness process which does provide some short term adjustments e.g phased return. I had an appointment with OH and provided them with a supporting letter from my Psychologist along with a return to work plan detailing adjustments I had requested. During the appointment I got the feeling that the Occ Nurse was simply following what my employer deems as reasonable and her suggestions more or less mirrored their adjustments. I decided to retract my consent for the report to be sent to my employer until I had the opportunity to read it. They have now declined this request and simply stated that they don't have to show me a copy of the report before it is sent to my employer and that they would inform them that I had not consented to the report being sent. At no point during the call was I told of the consequences of retracting my consent. My questions are: 1) am I entitled to see a copy of the report before it is sent to my employer the session was carried out by a nurse. 2) I would have thought that Occ Health would assist with suggesting reasonable adjustments based on my disability and needs but there didn't seem to be any interest from nurse in this regard. How do I get medical support for the adjustments I feel will give me the best chance to return to work and be productive. I simply want to give my employer the opportunity to arrive at a fair decision based on my needs in line with any processes they have around treating disability in the work place. Many Thanks
  2. Hi Just received my credit file and after getting into a bad financial situation I have a total of 19 defaults on my credit file!, 11 are due to drop of this year and 3 next year the rest are around 2022, for the latter do you think my credit file will improve If I pay them of so they are marked as satisfied? or should I just wait, none of them are chasing me for payment at the minute Just edited to add one is for a mobile phone debt that I was paying for 2 years at £35 per month, it says I owe £550.00 now
  3. Hi, Hope I'm not breaking any rules here , And that I've posted in appropriate section and see past my bad punctuation and grammar . On 31/01/17 Kidderminster morrisons 7:10pm upon leaving store I was confronted by manager and two members of staff ,apparently they had reason to believe I had been stealing. Asked to view my bag. Shocked I gave the manager my bag he didn't even check items which I thought strange .next hands me bag back and then says I was caught shoplifting two three days ago and thrown out of store. Now I'm gob smacked. He confirms this again twice with female member of staff right in front of me .couldn't believe what I was hearing .I said I hadn't been here for about 3weeks, Couldn't believe what I was hearing .I said I hadn't been here for about 3weeks and very mistaken .Again in front of me staff confimed was me .He wasn't intrested .I said would you like me to get crb .he said that's not proof,could just mean haven't been caught yet .wow unbelievable. I ask would he like to see receipts next he says I'm barred .my self my family and friends are disgusted !!2nd part, when I got home , I phoned asking for other member of staff present , and again to tell the manager how wrong he was and I'm taking this further head office number and something has to be done about this ..he said he would look into this .I said yiu have my number now ,would you phone me back his reply you can phone back !and put me through to someone else at Kidderminster store who was lovely on phone with who I told events too .. Morrisons if I had been shoplifting why not call police there and then as surely you would have CCTV .why would a manger ban a loyal customer of years by just going on staff members word ,when I'm completely innocent ? What happened to checking a customers bag seeing receipt and then sincerely apologising .. I had a reply from there fb page ie: Morrison's Hi Alan, I am very sorry to hear that please could you PM us with your contact details so I can look into this? Thanks - Harriet LikeMore · Yesterday at 08:17 Alan Morrison Hello Harriet, as you can imagine very embarrising, but the humiliation of the experience isn't going to go away in a hurry. And I have sent a pm , I'm on lunch break so you should be able to catch me free.Alan And then in private messaging Alan Morrison Hello Harriet, Im on a lunch break right now so please phone me as soon as you have chance Alan Yesterday at 12:08 Morrisons Hi Alan, I have investigated this with the store Manager who has advised that you were already banned from the store due to breach of security they said admittedly you where not caught shop lifting last night however you was banned from the store already. If you would like to speak to the store Manager about this let me know and I will arrange for them to contact you. Thanks - Harriet Yesterday at 12:47 Alan Morrison Hello Harriet , this is my point I haven't been in store for weeks who ever they thought they had thrown out days previously .I assure you was not me ... I woukd like to view or at least get them to view cctv .... How would you feel .. If you went into you're local store then asked to show you hadn't been shop lifting ..and then be told you had been banned days before ..and thrown out when you haven't even visited there in weeks ? I'm not happy with this out come at all Yesterday at 22:22 Alan Morrison Morning Harriet, I've never been banned from a store in my life, I never breached any security I hadn't been in store for about three weeks is it possible for manager to review CCTV eveidence of what ever date of incident I'm at work till after 5 so I'll be free then if manager would call .thank you Alan Today at 08:12 Morrisons Good Afternoon Alan. After my colleague has spoken with the Manager who said you have not been caught shoplifting recently, in the last few weeks, however you have breach security on previous occasions. This is down to the Store Managers discretion and you would have to speak directly with them about this - Cam And now I'm stumped don't know what to do about this I'm looking for a way to resolve this matter and not be branded and barred from morrisons and an apology is this to much to ask
  4. Hi I'm hoping you can help my sister with this quandary. She has some mortgage arrears for various reasons but they are now wanting to sort this issue out. A court hearing has been booked but her mortgage company have called and said they are willing to help and look at options. The arrears are around £5800. Going forward they can pay the contractual monthly payment plus an amount towards the arrears. The mortgage company say they will consider this but a i and e form must be completed. So I'm trying to help her work out what might be seen as a reasonable offer Their income is £2700 pm and essential dd etc including mortgage is £1715. On top of that we've allowed for food and a few other bits. So the remains non essential balance pm is £500. How much of that should she offer and leave herself for entertainment, unexpected expenses etc which would seem fair to mortgage company or potentially a judge.
  5. I've been repaying my MBNA Credit Card account via Stepchange for some time now, and MBNA were happy with the amount I was paying and, in that respect, my account was up-to-date On the 19th August I received a latter that stated "We are writing to give you notice that we are ending your MBNA credit card agreement in accordance with Clause 18 of the terms and conditions. This will happen on 22/10/2016 The letter then goes on to say that if they sell the debt to a 3rd party, they will tell me "as soon as is reasonably possible" I get home today, 14th September, and my latest statement from MBNA is on the doormat. I open it to find that they have already sold the debt, and this was done on the 8th September. My question is, having given me notice that this wouldn't happen for another month, and they would tell me ASAP if it was to be sold, are they within their rights to do what they have done? eg terminate the account a month early and sell without telling me first? Just seems very underhand to me. Being in debt is stressful enough but behaviour like this just makes it worse... Out of all my creditors, MBNA have been the worst by far!
  6. Hi all, Just the outline of the issue should be enough! Bought a car in March 2014 from a Nissan franchise. Noticed some rust which was fixed under the Nissan manufacturers paint warranty in August / September 2014. When this was repaired, I was assured that the metal would be treated to prevent repeat bubbling under the paint (I was asking whether a new tailgate would be fitted, but it was resprayed). Fast forward to now, I have noticed some bubbling under the paint in the same two places again, approximately 18 months after the repair. I believe that the manufacturer (as opposed to the dealer) repaired under their paint warranty. My expectation is that I should not be experiencing the same problem in the same places again so soon, but I don't know what my rights are. I would rather not approach the supplying dealer (also the repairer) as I ended up issuing claims against them through the CC for other matter related to the vehicle. (They settled before it reached court, and the paintwork was never part of that claim). Thanks
  7. Hi all, Is there any truth in the rumour (English law) that a court won't convict on the evidence of a sole witness ? Also, is there any truth in the rumour that witnesses must be independent - i.e. ruling out 3 close members of a family effectively being 3 witnesses rather than 1 ? Mike.
  8. Hi all , read quite a few of the robinson way threads on CAG and it seems it can be a minefield getting a full and final offer "wording" correct . My wife had a small repayment arrangement with RW but they took a repayment that was 4 times the agreed amount she cancelled the direct debit , many many phonecalls and letters from RW she received this letter .What would be a reasonable starting point offer be ? Total debt is just over £450. Thanks Andy.
  9. Apart from other upfront known fees and charges, Storage Fees are another issue, as in what is reasonable? They can add significantly more to a debt than the fees laid down in the Regulations. Here is an example of what Newlyn wanted to charge a third party whilst they had his car subject to Interpleader from another thread "We anticipate that the goods will sell for £1600.00 which is considered the value amount, with the addition of £40.00 per day storage charges. " If a sealed Court Order is not received within 48 hours of this email, the vehicle will be entered into public auction to discharge the Warrant of Control" (http://www.consumeractiongroup.co.uk/forum/showthread.php?455139-I-ve-received-a-letter-from-Newlyn-they-want-to-sell-my-car!%281-Viewing%29-nbsp) If a vehicle is removed and held for 14 days so @ £40/day before auction then £560 in storage will be added to the debt along with the other fees, so a car going under the hammer for £2000 may not even clear an original debt of say £700 Storage is of itself a flexible concept, so is it an open field like one bailiff allegedly used, a secure compound, or under cover. For household chattels, then it must be undercover, but for a motor vehicle a compound would seem to be the usual. Thoughts ?
  10. Hello Everyone, I have been suffering from a physical impairment, which occured a little over 12 months ago. I have difficulty walking and suffer chronic pain because of this. I am also having tests for other possible damage to my body, which could have serious consequences for my mobility in the future, if the tests show what the doctors are looking for. Nevertheless, the state I am in now is bad enough and I will be like this for the rest of my life. When this first occured, I was absent from work for 9 days. I could have been absent for longer but felt compelled to get on with things. There was then a period of 5 days and then 1 day a few months later for the same thing. When the pain flares up I simply cannot move without great difficulty. After the last 1 day absence, I was called in for a 'welfare meeting'. However, rather than see how I was doing, like the letter I received stated, it was more of a warning that if I am absent again for this condition I will be subject to disciplinary procedures and I should be looking at it "from their point of view". I was offered no support. They also wrote to my GP, with my permission, and I also received a copy. My GP confirmed everything that I had already told them. I made a Reasonable Adjustment Request, but HR said that I needed to submit a Flexible Working Request, which is not the same thing. I submitted the Flexible Working Request. I was called to a meeting to put my point across. I felt that if I was able to do my job from home during the pain flare-ups, then the company would not lose out and I would not lose out either. My request was denied on the grounds that it would cost the company too much money to provide a laptop and my manager would not be able to monitor me as I work. Why I need to be monitored is anyone's guess. I appealled the decision and said that I was told that this was the only way to make a Reasonable Adjustment Request and they should be looking at it as just that, not a flexible working request. Although, in hindsight, I feel that they may have wanted me to submit it as flexible working for their own purposes. I appealled and was invited to another meeting. This time I felt that the attack on me was harder than the last time. I was told that I should expect to be paid less if I worked some days from home, as I would have no travel expenses. I was also told to take annual leave if I cannot get into work! The company offers 4 weeks paid sickness, of which I have only used 1 day of this year, I do not feel it is right that I have to use my own annual leave if I am unable to get to the office. Again, I asked for support and received none. When the decision came through it was denied, as I knew it was going to be. They said that they do not agree with anything on the doctor's letter to them, nor do they agree with the doctor that I am now disabled. I use a walking aid to get around! Also, it was the same things as before; It would cost the company money and my manager cannot monitor me. the letter also told me that I will be invited to a meeting with HR to discuss my GP notes. I feel that they are setting me up for constructive dismissal, it is really upsetting me and I really don't want to go back into that place. They are making it extremely hard for me. I am trying to come up with solutions and they don't want to know. What can I do?
  11. Hi All, I've recently had an issue at work, and was wondering whether anyone could help me with it. I am going to take advice from other sources also. I have been employed less than two years. I have been diagnosed with Irritable Bowel Syndrome (diarrhoea predominant) for a little over 4 years (and have had symptoms longer than that). I am currently going through investigations to determine the exact cause or alternative diagnosis for my symptoms. Day to day i'm on medication, and the current medication is working well, however I still occasionally have flare ups. These flareups can occur over hours or days, or occur almost instantly. Symptoms that occur are sometimes very difficult to differentiate between normal IBS and potentially any diarrhoea/sickness bugs (besides no vomiting) also - which means sometimes I have had 48 hours symptom free before I begin work again to prevent passing anything on to the public. I declared all of my previous medical history on application. I was recently called into a meeting with management because of my sickness and absence record. I have had a total of 6 absences in the last 12 months, totalling ~8-10 working days. The majority of those absences have been related to my condition. I have previously been referred to occupational health, and the situation is going to be reviewed in 6 months. If I have any more sickness in this time I will have this review meeting instantly and I believe it will also involve HR. So far I have let them follow the standard procedure, however (apart from sending me to occupational health), they seem to have not made any reasonable adjustments to allow for my condition - I will add details from the previous occupational health visit later today. Am I covered under the Equality Act? Previously I didn't consider myself to have a disability (I just got on with life, and my previous employer never had an issue with a similar sickness rate), however having read a bit more into it, it appears I may qualify under the terms that are used. Would a reasonable adjustment in this case be to allow me a "reasonably" higher number of absences to account for my condition? In the past 12 months I have had 6 total absences, not a massively high amount, but the fact they will review me immediately if I have any more sickness in the next 6 months is making me concerned. Thanks for everyones help in this matter. AJP
  12. Hi Guys, my partner has received a notice for her details from the police for an alleged "action" in a car park used by mums picking up kids from pre-school. it states the Application is for the drivers details for alledged driving dangerously, carelessly or without consideration for other persons, contrary to sections 2 and 3 of the road traffic act 1988. They want the details of the driver on the date of the incident before they say anything else about the alleged offence. Their form is leading as if you fill it out it confirms you were driving (2 months ago) but either of us rarely drive as we live within a 3 minute walk. even if my partner did, which she cant remember - what does this mean, what are our rights? Many Thanks in advance TSF Will this form
  13. Hi, I am looking for some advice on the action Lloyds made against my account. I am student and have had my £500 student overdraft facility removed. Reason being as they said, I have not used my account since late July this year. I am now on a study abroad course which means I am taking one year as part of my degree in the USA and return May 2015. I left UK August so I have not received some of their letters. However my mother now sends letters to my address in the USA and was only notified once that the overdraft was already removed. I also noticed my account was set to a graduate's account but I am still student. I phoned immediately and they said I will have my account set back to student once I send proof of letter. I have done so as well as letter of complaint. I said I have not received letters since August, I have not used my account recently as I had been using another account for travelling etc, I am not permitted to work here so there be no regular funds in the account however will use the account for regularly transactions but they didn't care and kept saying I breached their policies, they will not put me back to student and my account will be closed and have default on my credit report if I do not settle installments with them now. It all seems immediate.. can they be doing this?! Any advise thank you
  14. Hey Guys, In December of last year; I bought a very expensive set of DJ equipment from an online retailer. The finance contract was executed in my father's name as he wanted to purchase half of it for me as a gift and I'd pay the other half of the monthly instalments. Anyway it was functioning great until June when it started developing intermittent audio and electronic faults in the middle of my gigs. I had investigated whether it may be a software problem for a couple of weeks and resolved that it would need to be sent back for repair under its warranty. So I arranged for it to be sent by courier by next day delivery to the retailer who would assess and forward it onto Pioneer - I have confirmation that the unit was securely delivered to the retailer's premises on the 16th July. During this time I've been without this piece of vital equipment and had been using my old equipment which finally gave up the ghost last week; the service centre had advised they were "investigating my faults" previously and I hadn't received my communication so I contacted the service centre directly to ask for a status report, where I was told that it would take a further 2-3 weeks to get the parts in for repair and an additional week or so to repair and test it. I explained that without my backup equipment I was struggling to fulfil my gig commitments and that a further 2-3 week delay was rather inconvenient - they advised me to take it up with the retailer. So I sent an email asking the retailer about options for partial refund or replacement unit and was responded with a rather nasty phone call berating me for quoting consumer legislation (I was simply reminding them of their obligations, not in a threatening manner!) and said that there was no way a 7-8 week repair time is unreasonable. I said I disagreed due to the inconvenience and the fact that this wasn't a custom unit - it's a mass produced piece of DJ equipment used everywhere. He finished his diatribe by inviting me to take him to court where I would lose. I sought some preliminary advice which stated that it was probably that the transaction was B2B due to the goods being used for professional purposes; however I was also advised that unless they had specifically excluded certain rights (such as reasonable time for repair) at the point of contract, then Sales of Goods Act 1979 would still apply in B2B transactions? (looking at their T&C's, I don't believe they excluded any rights) Can anyone give me any further clarification here as to what, if anything, I can do? the continued loss of this unit is now costing me money a I have to hire replacements for key gigs and I'm rather perturbed by this retailers' rather cavalier attitude to his customers. Many thanks in advance,
  15. I'm just about to write a letter concerning a bed, but before I do, I am wondering about the 'reasonable' part of the SOGA. As it's down to opinion of what is reasonable, and I may be being unreasonable. So, if you bought an 'expensive' bed, and I mean £1,200, how long would you expect it to last?
  16. Hi, I have CCA'd AMEX re a very old card (had been paying token payments of £1 for over 4 years but can't really afford to pay all token payments as on IB so I stopped a few months ago) and I thought that I should CCA all of the CC's to buy myself some time. It was a formal request with £1 PO. Today I received a response, AMEX have returned the fee, and provided a copy of the app form, a bad and barely legible one, with a set of terms of when the card was started in 1999 (unsure if they are a true copy). They have referred me to look back at previous statements for balances! I have been paying RMA for 4 years and not once have I recieved any documentation on the balance etc, I have only ever recieved about 4 emails requesting a new I&e form (ignored each time). My question here, is that as they do not reference any compliance with s78 etc, it appears that this is not a response under the formal request for a copy of the agreement etc. I think they have not responded to the formal request as they should have done, and have the returned the fee so that they 'get away' without responding properly? Should I sent the CCA request has not been fulfilled template letter, and should I resend the payment back to them - just to be sure? I thought they had to provide a statement of account, which in my interpretation, is a balance on the account (balance recieved for other CCA requests). Any advice will be much appreciated as I have not recieved such a minimal response to a CCA yet, and I have sent over 15 in the past few years (for myself and others). Thanks me_too
  17. I suffer a neurological condition for many years. I joined my current employer a little over a year ago, a change of job and on less hours, hoping that this would improve my condition (I previously did a 40 hour week). However, it has actually got worse and been diagnosed as a chronic condition. 6 months ago, I had to take 4 weeks off because of this. I had a phased return (but no other adjustments) but the condition quickly returned and I have been off for 3 months. In this time, I have been prescribed different medications which had severe (and known) side effects that also made me unfit for work. The condition is still not under control, but starting to improve having changed the tablets again. My GP told me that I have to be patient, as its trial and error to find something that works without intolerable side effects. My neurologist wants me to have tried the options for at least 3 months before the efficacy can be judged. I think that I would be covered by the DDA, but have not actually got anything in writing. My employers requested a report from my GP in March but he has not done it yet and is now on holiday. I cannot get an appointment to see him for 2 weeks. I have no idea what reasonable adjustments can be put in place, but have arranged to see someone from "Fit for Work" to identify these– again this wont happen for 2 weeks. In the meantime my current Fit Note will run out. I have to see a locum doctor about this as my GP is away. I'm worried about the (probably inevitable) disciplinary process the longer I am away. Should I go back without any support in place, or do I have to wait until my GP has done his report and I have seen the Fit for Work people? Do Reasonable Adjustments have to be proposed by my GP? When I saw him last, he said that there were none that he could suggest, until I had adjusted to medication and got it under control. I fear going straight back to a very fast-paced environment and having a major relapse within days. I have kept my employers informed at every stage, but have had no contact from them, other than an acknowledgement. Understandably they are becoming agitated at the lack of GP report, but this is out of my control. There is no union or other representation in my workplace. I am only in receipt of SSP – my company sick pay ran out several months back. Any advice would be appreciated.
  18. Hello all, any advice would be greatly appreciated. I have just been sacked from a large public sector department employing many thousands of people. I have been working for my former employer for 20 years I was injured at work 13 months ago. I do qualify for DDA/equality act 10 July 2013 a reasonable adjustment was agreed by all concerned to keep me in employment, I could not return to my normal job, but I would be re graded/redeployed to an admin post elsewhere, within an hour of travelling for me. They very quickly offered me two roles that were both only 6 month temp contract. one of these jobs was a good 2hr commute, I was advised it was early days by my HR and I did not have to accept these and more should follow. I declined the two posts but said I would accept something more suitable, ie nearer and permanent. I was not offered any other roles for the next 12 weeks. I was then called in and told as nothing else had come available I was sacked. I have since been made aware that their was other jobs available but they failed to let me know. is this reasonable behaviour from my employer??
  19. How likely I am to get disability element on top of my working tax credits, based on the tax office guide lines, I think I would be entitled to the disability element, but dont know what the tax office would think I work 16+ hours per week Due to my health, I am unable to work, 5 days per week, or any long shifts now, so I only work 4 days ,and 6.5 hrs I have a secure job, in asda, so for me to find a new job, I think I would have some difficulty in doing so My health is poor, due to slow heart rate, high cholestral, and angina, easily get tired, and exhuasted. Have been in and out of hostipal getting tests done for last 2 years Because of my health I have had to take time of sick, and the way my days of sick work, does not allow me to get ssp, as it is my day off Since my health has got poorer, my earnings have been vastly reduced; 2008-2009, £12,600; 2009-2010, £9500, so my gross earning are less than the year before If I didnt get disability element then I would have to work more hours just to meet outgoings, but in doing so, I may very well make my self more ill, as I realy need to rest
  20. I recently ordered a brochure via the Aquability's website contact form - short of telephoning them there is no other way of contacting them. A telephone number was a mandatory field on their web based contact form. I asked them not to telephone me in their 'message' box. The brochure arrived, but 2 days later, someone from Aquability telephoned me. I asked them why they had telephoned me, when I had asked them not to. I was told they had no record of this request and that, if I had not wanted to to telephoned, I should not have included my phone number on the 'contact' form. I told the person that the tel. no. was a mandatory field, she told me it was not. I've checked again, and tel no. is a mandatory field on their contact form. If, like me, you do not want to be troubled with unsolicited calls, do not deal with Aquability - they are a shower!
  21. Hi Everyone, Not sure if my posting is in the right section. Having problems finding reasonably priced warranty companies to cover repairs for fridge, dishwasher etc. Had a less than great experience recently with Know How recently. Prices seemed very expensive for each item.
  22. If an employer is found liable for disability knowledge because the FHSO new of the disability but did not inform management (vicarious liability? )or undertake a risk assessment is the employer then by default liable for not making reasonable adjustments (obviously they did not as they claimed lack of knowledge of the disability).
  23. Hello all, I'm new here so I hope this is the correct forum for this... I got into some debt with Lloyds TSB Credit Card (demanding ex, long story). The debt was passed onto BSL that I've been paying for a number of years at £36/month Recently, I got a letter from CapQuest to say they'd taken over the debt (I also received and very fake looking letter from Lloyds TSB on the same day to say that it'd been passed over) Why would BSL pass my account over to CapQuest when I'd been paying it? So, I sent a letter requesting the original agreement to CapQuest (Using a template letter) Today they wrote back simply saying they'd requested a copy of the original agreement from their 'client' and a copy of those will be sent to me once they have received them. I wasn't expecting that. I was expecting a letter demanding money NOW etc. etc. What do I do? Carry on with letter 2 (due to be sent on Monday) or wait and see what happens? Thanks for your time.
  24. Hi I am hoping someone can give me some advice please. I live in a leasehold property and pay ground rent of £10 every 6 months making a total of £20 a year. I received an letter from the Ground Rent agents stating that I was in arrears and despite several emails had not paid the last 2 instalments. I then discovered that they had sent me 2 emails, one for the 1st instalment and 1 for the more recent one. These emails had aoutomatically gone into my junk folder. I hold my hands up though that this is entirely my fault and that it is up to me to make sure bills are paid on time, I have absolutely no arguement with that. What I am querying is that for this I have been stung for £54 in 'admin charges'. I rang the company concerned and told them that I thought the charges were unreasonable and that I would like a breakdown of how the charges were calculated. He told me I would have to put it in writing. I agreed to do so and stated that I wished to pay the outstanding amount of ground rent £20 bring my grouond rent up to date. He refused to take the payment saying that I could pay the whole amount (£74) or nothing at all. I don't know what to do. Half of me wants to just pay it and get rid of the hassle but the other half is saying don't let them get away with it especially as we don't have an extra £54 just lying around as my husband only has his pension and I am currently on sickness benefit, so things are pretty tight. has anyone got any advice for me on what to do about this please? Cheers Molly
  25. Ordered a kitchen sink online and in the confirmation email: Just out of curiosity I thought you were allowed a reasonable amount of time to inspect the goods?
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