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    • That should nail the setaside, and see OBS off with other factors tha can be added if they try again.
    • Hi all, Unfortunately, I'm having a difficult time having recently bought a puppy with a pre-exisiting condition that I was unaware of. I found this forum after doing some research online and the feedback was really well-informed. I'd be really grateful for any advice from legal minds :)   My story (I've tried to keep it concise for clarity): I recently bought a puppy from a home breeder. They have never breed dogs before and aren't a licensed business. Our puppy was sold as having passed a full health check from Vets4Pets. Our puppy was £1,200. Two weeks after picking him up, I took him to the vets for his second vaccinations and a health check. At that point the vet diagnosed him with a "lingually displaced canine." This means that one of his lower canines is displaced and pressing into the roof of his mouth. Our puppy would have had his full set of puppy teeth by 6 weeks,  and his first health check was at 8 weeks. Therefore, this condition was either missed from his first health check, or ignored by the breeder. Either way, the condition was certainly present before we took ownership. It's a hereditary condition. I've had three quotes from different vets for removing the tooth which range from £350 from Vets4Pets to £1000-£2000 for a dental vet specialist. The hope is that, if the puppy tooth is removed early, the adult tooth will grow in normally. If it doesn't, however, the costs could be around £2,000 for treatment on his adult canine. I've given the breeder the time he asked for to consider his options. His final offer was a full refund if we return our puppy. This isn't something we want to do as we are already so attached to him. Legally, it would also create us significant inconvenience, as a replacement isn't forthcoming - or even possible. He has refused to contribute to the cost of treatment, admit any kind of liability, or give us a partial refund and allow us to keep our puppy.   From what I've read, tier two of the Consumer Rights Act 2015 may apply - and we could argue that a the return and refund offered would cause us 'significant inconvenience' and that the puppy was misrepresnted as healthy, and therefore a partial refund is in order. Again, any advice on whether I may have a case, if I take it to the small claims court, would be really appreciated.   Thanks so much.  
    • I'm sorry but I don't have a lot of time at the moment. Please will you read around the other Hermes stories – if you haven't done so already. There are some suggested letters of claim in those. We don't have a template for this and I would suggest that you draft your own letter of claim and post it here before you send it. Also, make sure that you read around the forum about taking a small claim in the County Court and that you know all the steps. You can be certain that you will have to issue the papers. You can be certain that Hermes will ignore your letter of claim and they will only start taking you seriously once you have issue the court papers. This means that if you send the letter of claim giving them 14 days then on the fifteenth day you must issue the papers. Otherwise don't bother. Don't bluff. Be aware of your risk factors – which are that if you lose, then you won't get your money back and also you would have lost your claim fee – and if they push you to pay an allocation fee – which is quite likely – you will lose this as well. For the present claim fees and allocation fees, please have a look at the court services website. However you are probably looking at something in the region of about hundred pounds or so all told for a claim of this value. If you succeed then you will get your money back, plus interest plus your costs. We do our best to advise you here that you have to realise that the end of the day it is your risk. As I've already said, it is an extraordinary industry – because they will do it – which requires you to pay delivery fee and then if they don't carry out their side of the contract for some reason rather they don't have to offer any redress to you at all – often on the basis that you didn't ensure them against their own negligence. This is an extraordinary state of affairs. The whole industry does it this way and it seems to be a culture which has been accepted for a long time – maybe 30 or 40 years – so that now consumers think that that's the way it is. It's really quite surprising that this hasn't been directly addressed in legislation – but it hasn't. Instead you will have to fall back on the unfair terms provisions in the Consumer Rights Act. Post a draft of the letter of claim and we'll have a look at it later on
    • I agree. They are putting you back in the position you'd have been if they'd said what they should have ( "We can upgrade you to Sky Q. You'll need a new dish to use Q. If you want to revert to the non-Q system in future it'd need to be a 'hybrid' dish that supports both".)   I don't think you can realistically expect more.
    • but not related to this a/C  i bet the sar will reveal the real truth of what the balance really is made of.   even if this did result in a speculative DCA court claim. we don't lose many OD claims here.   dx  
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monkey_uk

monkey_uk Vs First Direct ::: Settled IN FULL £2235.50 12/05/06

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Could you please take a couple of minutes to read this and let me know if it is ok?

 

I am aware that I need to include my account number and address in the letter.

 

Thanks in advance.

 

Please supply me with a complete list of transactions and charges relating to my bank account since the date that I started banking with First Direct (4th September 2002). This includes a list of what the charges were in monetary terms, what the charge was for, and the amount involved (i.e. £10 charge for return of a Direct Debit that was for £23.99). Alternatively a complete set of bank statements for that period will also be acceptable.

 

I also request that you furnish me with information pertaining to the numerous changes in my overdraft limit. I require a list of the dates that my limit was changed and what it was changed from and to. Again, this is from the date above, to the present day.

 

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.

 

As per my conversation with a telephone advisor from First Direct; “Abi Charlesworth” (extension number 21733) of Sunday 12th March 2006, at around 1710hrs, I understand that there is a £10.00 fee payable for this request. Abi has informed me that this will be debited to my account. I give my full consent and agreement to this.

 

You are kindly reminded that transactional and statement information is covered by the Data Protection Act as has been in court (Durant Vs Financial Services Authority – 2003).

 

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

 

You have 40 days in which to comply

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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Nice.

 

Don't forget to add "DPA Request" in big letters at the beginning of the letter, just in case there's any doubt that it's what you're asking for! I know it's obvious from the contents of your letter, but dont over-estimate the intelligence of the people at the receiving end! :lol:

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Nice.

 

Don't forget to add "DPA Request" in big letters at the beginning of the letter, just in case there's any doubt that it's what you're asking for! I know it's obvious from the contents of your letter, but dont over-estimate the intelligence of the people at the receiving end! :lol:

 

 

Yup, I have done.


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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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So everyone thinks this sounds ok then do they?


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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Right, I hope it was ok, because I've just sent it.


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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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I feel better already!


If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Received a reply today:

 

Dear Monkey,

 

request for information

 

Thank you for your request for a copy of some of your personal data. This was accepted for processing on 14 March 2006.

 

The charges information that you have specifically requested is contained within the accounts' statements. I will arrange to provice you with copies of your accounts statements, as detailed in your letter. The bank only retains information of this nature for six years. I beleive the information regarding manual intervention can be found in Reference Book and Martini Note, and I will provide you with copies of these notes. Should you requires additional information please contact me as soon as possible to discuss your exact requirements.

 

As you are aware, under the terms of the Data Protection Act we must respond within 40 days from receipt of your application.

 

The data will be forwarded to you by courier and your signature will be required by the courier to acknowledge receipt.

 

If you require any further guidance regarding your data, please telephone me on the above number extension 66787. My office hours are Monday to Friday 9.00am to 3.00pm.

 

Yours sincerely

 

 

Lind Young

Data Security Manager

 

Thoughts please?


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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Reference Book and Martini Note
What's that?

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Reference Book and Martini Note
What's that?

 

I quoted the letter word for word Bankfodder, so your guess is as good as mine. Presumably, that is their name for the systems they use??


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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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I have received the details that I requested. Delivered by DHL at 0650hrs this morning).

 

Complete statement set, and system notes.

 

I'm, just calculating the fee's now.

 

Very interesting quote from their notes on my account (quoted word for word):

 

 

 

First Direct said:

 

Customer advised he has some cheques that will possibly present to account before salary. These cheques are £7.50 each and are used for getting travel to work. Customer advised if possible not to return cheques. Advised customer no guarantee as system can return".

 

This surely demonstrates that there is no manual intervention with regards to unpaid cheques, doesn't it??


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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

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Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Very interesting all round - did they say why they were using a courier? Perhaps there was some phrase in your original letter that implied a 'sit up and listen' approach, or have you given them a good kicking in the past?

 

Additionally, the note about "customer requests non-cancellation" does imply automation, but also their apparent inability to intervene. After all, it is clear that you explained something to them, and their internal processes prevented them from treating the request 'on it's own merits...' - or even with due consideration and sympathy.


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Very interesting all round - did they say why they were using a courier? Perhaps there was some phrase in your original letter that implied a 'sit up and listen' approach, or have you given them a good kicking in the past?

 

Additionally, the note about "customer requests non-cancellation" does imply automation, but also their apparent inability to intervene. After all, it is clear that you explained something to them, and their internal processes prevented them from treating the request 'on it's own merits...' - or even with due consideration and sympathy.

 

Exactly. The worst thing is, they're actually a really good bank IMHO when it comes to service. They've only let me down on a handful of occasions (i.e they couldn't or wouldn't do something which I asked of them). It's just the charges, I've now got a figure....


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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Total figure is £1759 (that is WITHOUT debit interest, or the 8% interest permissable by court)

 

Minus 2xFee refunds, one for £75.00 and theother for £5.00

 

Grand Total = £1679.00


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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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title change.

 

Edit: It didn't work. :(


If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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It will be interesting to see if you get the 3 x '10 working days' letters, followed by the

'We do not agree these charges are unreasonable' letter,

as my daughter and mondeo recieved.

Or if they just refund like they did edinburgheire.

GOOD LUCK!!!!!!


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First Direct 1 - settled

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RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

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Hi Vix, yes, I've read edinburgwhatever his name is' thread, and yours and mondeo's too.

 

We'll wait and see, but they'll be getting only 2x14 days from me (14 days for prelim letter, and 14 for LBA).

 

I hope they just roll over and pay it, I don't want it go to court as I'll have trouble scraping together the £100+ quid to begin the proceedings.

 

Ideal scenario (other than them settling in full) will be that they'll refund a few hundred quid as goodwill, and then I'll have the cash to take them to court. Otherwise it'll be a little while before I can take them to court I think.


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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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That's the problem with my daughter. Shes got a baby and on income support so has to apply for exemption from court fees.

We've waited a week for proof of income and don't know how long it will take to assess her elegibility.

However, will post it all to Sheffield Combined Courts today and see what happens.

By the way, thanks for your kind offer of support. If it goes to court we'll be grateful, if its a convenient date/time for you.

My daughters panicing already and we've not even posted the form!!!!!!


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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Well I'm not on benefits, I work ful time, I'm just skint due to, guess what....Bank Charges!

 

As long as I get plenty of notice from you, I'll try and book the day off work and come along to court with you as I'm only a 20 minute train ride away from Sheffield.


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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Thats very kind of you. But having a day off will make you skinter. (such a word?)

I like to think I'm not a stupid person. I work for an accountants office doing VAT and book-keeping, all computerised, and am, therefore, au fait with finances and financial matters.

I have spent hours and hours reading posts and faq's on here, especially the last few weeks as I'm off work due to an op, and very bored, and I DO understand the fundamentals, although bookworm gets a bit frustrated with me sometimes!!! (I can tell by the tone of the replies.)

But I know in a court situation I will be so nervous that all the knowledge will be there but not come out right.

That's if I'm allowed to speak on my daughters behalf.

Also, everyone else seems to be 'darn sarth' if you know what I mean, so its nice to know others are nearby.


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First Direct 1 - settled

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But I know in a court situation I will be so nervous that all the knowledge will be there but not come out right.That's if I'm allowed to speak on my daughters behalf.

Bank Fodder has posted a sensible bit of advice on this, somewhere in the library, called Familiarisation. The gist is that you go to the court a few days early, and ask the usher if you can sit in on a case to see what it's all about.

 

This had never occured to me, and is something I intend to do. The last thing I want on the day is to make a hash of it all through lack of familiarity...if you have the time, it may give you the confidence you need.


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thats a great idea. Unfortunately, as my daughter has a small baby I'm not sure she'll be able to do that and attend the actual court hearing. I'm trying to make loads of notes for her from different areas of the site, just in case, but as you can imagine, I am absorbing most of the info myself. I think shes hoping they'll let me speak for her but as I said before I'm not sure that allowed.


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First Direct 1 - settled

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RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

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Halifax - settled 31/5/6

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You could always ask the usher some advice on that - can a parent act as advocate for the child if the child is very nervous. It's clearly a 50/50 answer...which would help one of you be better prepared.


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Shes not actually a child, shes 26 but not very confident.

I think I've seen before in a post by either Dave or Bankfodder that they may let someone else speak, but when we get a date I will ring the court and make some enquiries. Thanks for the advice.


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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Just re-read the thread and I feel like I've hijacked Monkeys thread. Before I get 'done' my apologies Monkey, it was unintentional.


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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Thats very kind of you. But having a day off will make you skinter. (such a word?)

 

Nah, I'll just take it as a holiday day so it's no skin off my nose anyway!


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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4843 days.

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