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    • p'haps not the best thing to do just use the N244.and the ex160 let them sort it out don't complicate things..   don't worry about the bailiffs there isn't really anything they can do there is no right of forced entry upon consumer debt CCJ enforcement.    
    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
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DLA knocked me back again

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Hi

I won't bore you with long details about my illnesses but I am dissabled with several severe illnesses, Chronic Asthma & Emphazima, I also suffer severely from IBS & it is so bad I black out at any time, anywhere without warning & need someone with me all the time. I also need to be-able to get to a toilet at very short notice so cannot use public transport & have to be driven round by my husband at all times as I am not able to drive due to my dissabilities.

I get the top motobility allowance & bottom care allowance & so that my husband who looks after me 24/7 can get careres allowance I have to have at least the middle care allowance, I need help all the time so should really get the top allowance but DLA after applying for the past 2 years still have knocked us back. The reason it's been going on 2 years is because they said a couple of times they diddn't recieve my papers or they had been lost like they do!!.

Anyway can anyone help me as I don't know what to do next, my husband has to stay at home & look after me as I black out & have on several occations hurt myself badly. I have even blacked out in the road before today. Can anyone give me some advice.

thanks brenda

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You need to ask for copies of the paperwork that was submitted and raise an appeal.

 

The secret with DLA is you have to keep repeating yourself so for instance you need to say I need to be taken to or helped get to the toilet 7 times a day "unlike other people with no disability" make a point that you need help to do the simple things that most people take for granted! every opportunity keep refering to what a able bodied person can do and what you can't do alone, it get's very depressing and upsetting but you really need to make the point so write it in every box if you can.:oops:

 

Good luck

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Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

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01/05/07 Judgement order

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Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

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i would certainly advise you to appeal, if they have lost your papers you should also suggest it to them that they could fast track any new claim you make

 

also, it sounds as though this has really upset you and impaired your quality of life so i would say that you should write to them or call them and invite them to come round and assess you. when you do get new claim forms through, you should call up the helpline number they have and get someone to go through the form with you, they will then have a record of the call should your claim go 'missing'

good luck

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i would certainly advise you to appeal, if they have lost your papers you should also suggest it to them that they could fast track any new claim you make

 

also, it sounds as though this has really upset you and impaired your quality of life so i would say that you should write to them or call them and invite them to come round and assess you. when you do get new claim forms through, you should call up the helpline number they have and get someone to go through the form with you, they will then have a record of the call should your claim go 'missing'

good luck

 

Contact your local Social Services or CAB office as they have someone who will visit you & help complete the forms for you.

 

Before returning the forms you must photocopy them also send them recorded post

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You need to contact Welfare Rights are your local council. I have recently had my DLA lowered form middle rate care for 4 years to low rate due to an ass of a doctor who came out and asked me 4 questions and only one was what are you disabilities, the rest were insignificant, and am appealing through WR. I know just what you mean about them losing papers as they lost mine for 7 weeks and then they turned up 4 weeks earlier after I'd had to request another pack to be sent out. If you don't receive an acknowledgement letter within 10 days you need to kick them and find out where it is as they are absolutely useless.

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when filling out form you must fill in the worst case scenario for you, because if you have a bad day then that's the level of support that you need in place to keep you safe, as someone else said keep repeating yourself in each answer. It takes ages to fill out this way but i used to complete them for clients and it is the best way to do it

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Hi!

 

I have had mine completely removed

 

PJN

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i take it thats not because of a miraculous recovery?

 

what i dont understand is why they dont do a fair doctors assesment for all new applications, and make it easier to renew claims?

why cant they say, you need your gp to certify you meet certain criteria, seen as your gp knows your medical history better than any other doctor.

but that would be far too sensible i suppose

 

it sounds to me like they do occasional assesments and each of those is expected to reveal wrongful claims.its entirely the wrong approach because it doesnt weed out the people who actually dont have legitimate claims

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i take it thats not because of a miraculous recovery?

 

what i dont understand is why they dont do a fair doctors assesment for all new applications, and make it easier to renew claims?

why cant they say, you need your gp to certify you meet certain criteria, seen as your gp knows your medical history better than any other doctor.

but that would be far too sensible i suppose

 

it sounds to me like they do occasional assesments and each of those is expected to reveal wrongful claims.its entirely the wrong approach because it doesnt weed out the people who actually dont have legitimate claims

 

They want to keep the numbers eligible as low as possible & because they start from the premise that everyone is trying to fiddle the system.

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I had mine reduced down to the lower rate this year, although I appealed and told them I still need the same level of care now that i needed two years ago - they have disputed this saying that i never answered the questions the same!!! Well this would be difficult, as the first time it was filled out by a charity worker from Chai, and this time by myself......its all just politics my dear - good luck


Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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I have gone through it with my wife who has relapse remission MS. You are entitled to ask for your DLA to be reveiwed at anytime and is sometimes easier then appealing. You need to get a statement from your carer, your Doctor and your Social Worker if you have one. When these statements and any forms are filled out, you must give answers as worst case ie if you black out 2 times a day with occasional 5 times, you must state 5 times. This is not fraud, this is how thier system works. You must take photo copies of everything you send, so that so long as nothing changes you can just copy over your answers on the next renewal. If you need any further advice, please let me know.

 

Teddea


Please Click The Scales if I have been of help to you.

 

 

Kensington Mortgages withdrawn. no costs

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I'm not an expert but I do help quite a bit with families who have children with disabilities and most areas have their own disability action groups but I'm not too sure which area you are.........

here are a few web sites which you might find helpful

good luck

Freebird x

http://www.differentstrokes.co.uk/cgi-bin/config.pl?read=18697

 

http://www.disabilityuk.com/masterpages/dla1a.htm

 

http://www.benefitsnow.co.uk/appeal/appeals1.asp


1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

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29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

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Hi - sorry to hear your troubles with the DLA. They are a law unto themselves. I had to fight for my husband as they revoked both his awards due to a doctor who came to assess him. he was in bed at the time suffering an angina attack. He refused the doctors request to walk to the toilet so the doctor assessed him as having a 'normal gait' and 'well define muscular legs and arms'. Just how he came to this conclusion I'll never know. Anyway we got a letter from our doctor who just stopped short of calling the DLA doctor an idiot. It was this letter that played a huge part at the appeal and had the benefits reinstated. Get as much backing as you can from your GP, nurse, specialist etc.... anyone who sees you on a regular basis. Get social services involved. Don't give up as that is what they want and expect you to do - genuine cases do not give up. Good luck.

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I have found that DLA is very hit and miss, but the tip about repeating yourself is very much a necessity. I have had several run ins with them over the level of care entitlement for my daughter as she was just 5 months old when she began treatment for her condition, and when describing what needed to be done with her on a daily basis I got the response of 'well babies need 24 hour care anyway'.

We were successfull eventually but repetition and really enforcing the fact that certain things just could not be done without assistance 24 hours per day throughout the forms is vital.

Good luck. x x x


My opinions are just that, I will help if I can but I am NOT a professional. If in doubt seek legal advice.

READ THE FAQ'S BEFORE ASKING A QUESTION! THEY ARE THERE FOR A REASON! AS IS THE USER-GUIDE!

 

My active claims:

Owed £150 from Barclays.

Husbands claims:

Owed £1049 from Lloyds.

 

Glorious Victories!:

Barclays Joint Account- Settled £823.

HSBC Joint account-Settled £50.

Studio- Settled £80.

HSBC Student account- Settled £560.

Lloyds Credit Card- Settled £72.

Freemans- Settled £40.

Abbey Joint Account- Settled £330.

Waiting till all claims settled then Donation-A-Rama.

:D

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I would very much agree with the poster who said that you have to keep repeating yourself in your replies. You also have to make it clear that your disability means that you are unable to live as others without a disability do. My son is severely autistic and we got help from a local group, DAIN, who will attend appeals tribunals on behalf of applicants. They also know the right way to word the forms. I think involving some kind of advocacy service shows you are serious. Don't give up! I think DLA is more about testing your tenacity than your disability.


Barclays £3065 - prelim letter 30/7/06 - LBA 15/8/06

Halifax CC £495 - prelim letter 30/7/06 - LBA 15/8/06 - MCOL 5/9/06 - FULL REFUND!!

Sainsburys CC £580 - prelim letter 30/7/06 - offered £25 10/8/06 :lol: - LBA 15/8/06 - MCOL 3/9/06 - FULL REFUND!!

First Direct £352.50 - prelim letter 11/8/06 - LBA 25/8/06 - offer of FULL AMOUNT 7/9/06

Virgin CC - Data Protection Act letter 3/8/06

New Look £110 - prelim letter 30/7/06 - LBA 15/8/06 - offered £50 20/8/06 - MCOL 1/9/06 - £142.25 r'cd 25/9/06

OH MBNA CC - Data Protection Act letter 14/8/06

OH Halifax CC - Data Protection Act letter 14/8/06

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Contact your local Social Services or CAB office as they have someone who will visit you & help complete the forms for you.

 

Before returning the forms you must photocopy them also send them recorded post

 

CAB informed me they DO NOT MAKE HOME VISITS RHYL NORTH WALES BRANCH

just thought i would put that in but perhaps another advice centre could help such as dial good luck

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I look after my wife who suffers from manic depresstion and needs 24 hour care.

 

The DLA are ****** to put it bluntly.

it took 4 yerars of fighting to get to pay up in the first place.

 

Last time we renewed it they nilled her and took another year to fight them againg

 

do not give up do appeal

problem is that you have been given bad advive you only have a limited time to appeal it.

 

dont bother with the citizens advice

 

ring you local law center and get them to take up you case.

 

will dla you just have to keep up the presure untill they give in and stop playing up. never take no for an answer appeal apeal apeal .

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one more source of help and advice: Benefits and Work

I use it myself as a welfare rights practicioner and as a private individual with a disabled child.

This website is run by a committed rebel Stve Donnison- my admiration goes to him for the support he offers to disabled community.


[sIGPIC][/sIGPIC]

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I filled in the forms for both my nan and grandad, as they are both illiterate. As everyone above has said, don't try to put a brave face on things, and don't belittle your condition - if on a good day the person can walk 20 metres before breathlessness, and then on a bad day only 10, then 10 is the answer to put on the form. If they need assistance with dressing twice a day, then put it down! The person reading the form can only go by what you put down, and if you don't do it in as plain and direct terms as possible then you won't get your full entitlement.

 

My grandparents were so leery of claiming their entitlements ("Oh, we don't want to put anyone out," or "We don't want to be a bother..."), but they were in real need of financial help and had paid all taxes and contributions all their lives, as well as National Service etc. That extra bit of help, especially the disabled car badge, has made all the difference.


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My advice would be to appeal and to go down the lines of needing Constant Supervision. As long as you can get at least ONE docotr to write on your behalf.

 

I have just been through this process and won at Tribunal Level.

 

I told them I needed constant supervision, as advised by my treating specialist. I re-iterated this in the claim form and sent a copy of a letter from my specialist with the claim form.

 

I was knocked back.

 

I asked for the claim to be looked at again - knocked back again.

 

I then asked if the people making the decisions were medically qualified (I have a very rare condition that it's unlikely even some Doctors are aware of, or understand the ramifications on every day life) - apparently they aren't.

 

So i took it to appeal, and was knocked back again.

 

I then took them to the "final" stage (Tribunal) which I succesfully argued should be a domiciliary hearing (in my own home) they brought along a Doctor and I immediately asked how many people with my condition he had ever treated. None. The Chairperson of the tribunal laughed at this point.

 

I won the appeal at Tribunal level and was very pleased with myself.

 

Then the DLA decided to appeal the Tribunal to the Secretary of State - I think sometimes they are just determined not to part with the money!

 

6 months later it was decided to hold ANOTHER tribunal, the decision of which would be final.

 

I repeated the process above and got ANOTHER letter from my specialist, stating I needed supervision day and night and that I was incurable.

 

Finally - I got Top Rate Care & Mobility - for "an indefinate period" - they don't give it "for life" anymore.

 

I then challenged the fact that I had waited for so long after a positive decision had been made and received all the back money from the date of application!!!

 

 

 

PLEASE appeal if you think you have been unfairly treated. Only by making the system work for you will this arcaic department EVER get it's act together.

 

;)


2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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I had to go for an appeal regarding incapacity benefit a few years ago. Thanks to the local council welfare rights officer (part of social services, and the best person to help with ALL your benefit problems/needs), we won and he completed DLA forms for us- we have got higher rate care and low rate mobility.

 

He has also completed all our renewal forms, which have all been successful.

 

I can only advise that you and your husband go straight to them for help- they will co-ordinate your appeal, getting supporting medical evidence etc.

 

You need the best help possible in this situation!

 

Just by the way- it is wonderful how many of this site are people with disabilities or carers. It just shows that we may be unable to do some things, but we are still a force to be reconned with.


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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I applied for DLA and a doctor came to my home I had been released two days from hospital prior to his visit,(from a bad asthma attack) my mother met him at the door and explained that i was not very well,he said in that case I wont see her!!, he came back three weeks later, asked some pretty irrelevant questions (touncing my toes ?? since when asthma affects that I dont know !!) and departed I was turned down, I reapply later and my consultant backed my application, I didnt see a dr this time and it was awarded indefinatly high rate mobility,I also get industrial injuries orginally awarded at 20% for life, when i asked for a reassesment I saw a dr who while listening to my lungs talked to me !! and said if this is increased your get more money, to which i replied no I wont, its classed as income and affects my other benefits (unable to work at that time due to being so bad) to which he replied then why are you bothering to ask for a reassement , i replied when im on the floor at 4am coughing and wheezing and wondering if my kids will find me on the floor dead, or if Im going to make it through the night . or being unable to work because Im nebulising every 2 hrs I get annoyed that the industrial injuries is worth £20 per week and my life and the changes to it made by the industrial injury is worth more than that and its the principal, he replied your quite right and increased it to 50% for life...... I would advise speak to your consultant if you have one, and get them to write a letter backing your claim. if you appeal a consultant who sees you .knows you and your condition outweighs the drs they send round who see you for 10mins.


Debbi

 

 

 

 

Woolwich S.A.R - (Subject Access Request) sent charges 2500 offer 1894 accepted as need the money ! but the rest will go all the way !!:)

 

Woolwich (daughters) SAR sent charges 170.00 , no offer ?! :-| 14 day letter sent

 

Abbey S.A.R - (Subject Access Request) Sent pre 6 ryrs claim - one to watch !!

 

Black Horse £548, offered £262, awaiting balance got balance =paid in full:D

 

Barclaycard S.A.R - (Subject Access Request) sent

 

Halifax SAR sent

 

Citibank Sar sent - blah letter sent back. sending a SAR default notice at end of 40days

 

Capital one SAR sent, statements recd, 14 day letter sent

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The person who made the difference in winning my appeal/getting DLA was my consultant.

 

But the person who made sure the consultant gave the right information to the Benefits Agency was my local council welfare rights officer.

 

One with out the other would be useless.


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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I wrote to my respiratory consultant for his support, he sent me a letter for me to read and forward with my DLA aplication, Im not saying that the support of the Council Welfare rights Officer wasnt helpful or in some cases needed, but one without the other is not useless ?, if your consultant is happy to support you as I found, I didnt need the assistance of any other parties as I said if its needed then yes get all the help you can.


Debbi

 

 

 

 

Woolwich S.A.R - (Subject Access Request) sent charges 2500 offer 1894 accepted as need the money ! but the rest will go all the way !!:)

 

Woolwich (daughters) SAR sent charges 170.00 , no offer ?! :-| 14 day letter sent

 

Abbey S.A.R - (Subject Access Request) Sent pre 6 ryrs claim - one to watch !!

 

Black Horse £548, offered £262, awaiting balance got balance =paid in full:D

 

Barclaycard S.A.R - (Subject Access Request) sent

 

Halifax SAR sent

 

Citibank Sar sent - blah letter sent back. sending a SAR default notice at end of 40days

 

Capital one SAR sent, statements recd, 14 day letter sent

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The problem is some consultants don't understand what the DSS needs to hear.

 

And when I say one with out the other would be useless, I mean in my case.

 

Not everyone has a consultant as good as yours!


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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