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    • Thank you for your advice so far, I appreciate it. However, while I don't have a problem with (subjective) reformatting of my posts, adding hyperlinks to keywords, etc., please can you stop editing the content of what I write - in this case, making sure this now potentially appears prominently for anyone searching the purchasing dealer on search engines? It is putting words in my mouth and is just rude. My earlier comments are based on what the dealer told me. Had I known what would have happened, should I have named them, I wouldn't have, as I cannot guarantee the veracity of the claim with my own eyes.    I am aware of the basic intricacies of needing to prove law, and how it works in general, and having to prove loss, etc. The only legal recourse mentioned was if I needed to pay for it myself - and if I need to go that way, I will keep a running update here to help others. I am aware I will have to pay for the repair myself before I go down any legal recourse. There are other aspects of the various acts that can also be explored if it appears they are not following their obligations, other than me paying and claiming back. I am not a lawyer, nor have I needed to understand that the legislation does this depth in the past - hence my asking for assistance here. The only reason I mentioned it in passing is that it is the last resort.   And again, I don't mean to sound ungrateful for the advice given thus far, and appreciate it, and you have already helped. I feel like we have gone straight to level 11.   My current view of this is: It's closer to £9k, having looked at it again today. You may be able to drop £9k at the drop of a hat - but I can't, especially around an already expensive time of the year. And I earn enough to put me in the smaller percentage of the county’s earners. I hated having to type that as it can come across as boasting, but I did it to explain that having that much liquid cash is unrealistic - especially with interest rates what they are. I would have to sell equity, cash out saving etc. This will take time. The only card I have with enough credit limit to cover that much is my company one, which is a no-go. I agree this is taking too long for a simple, albeit expensive fault. It's analogous to fixing a crack in a windscreen. No one would call for an engineer report on that situation to know what the cause and solution was The core driver for me arriving here asking for advice is the additional delay their potential cowboy of an engineering company will introduce. A view reinforced having spoken to them to arrange a date. I am not putting any more exact details or prices at this stage, because I don't want to be any more identified than you already have by changing the thread title. One Google and those with knowledge know exactly who I am, and I don't want to potentially damage relations with the parties on my side by opening a potential can of worms. Law of unintended consequences and all that. In hindsight, I regret naming anyone yet, as this can still realistically be resolved this week. I just wanted to initially come for education and understand my options. Hope for the best, plan for the worst. And to escalate if plan A or B didn't work.   To answer:     I think I have. I phoned them today again, asserting the complaint was raised as a rejection under section 75 and recorded the call. I plan to follow this up tonight in an email with all the magic incantations and keywords I seem to have to include. However, I would still appreciate it being proofread if I could send it to someone via a PM. This is not because I have left any details out, it is just that it will include details around the repair I do not want to put in the public domain at this time, as it may compromise my position.
    • Hobnail please don't take offence . DX covers so many different threads throughout the Forum so tends to be quite short in more ways than one. And while he may have been away from school when public relations were on the curriculum he is right when he said that you do need to understand how these crooks operate to be able to able to beat them in Court. All of us here want our members to win against the parking companies  and the best way is to see how others have handled similar situations. I expect he knows that you may not have looked at many threads on here to give you ideas to better your chances of winning.   You may have heard of the expression "Judge Lottery" on here where some judge comes up with an off the wall decision that virtually no other judge has come up with. So even where you have almost a cast iron case it can all go awry and the way to help circumvent these judges is to have sufficient knowledge and understanding to be able to counter his or her judgement.   I happen to think that no one should lose their case on airport land since the roads  are usually covered by the Road Traffic Act and /or Bye Laws since the land is not relevant land under PoFA. But it is surely better to be over qualified in your knowledge of your case rather than being under prepared. You never know until it is too late when you needed to be over qualified. We all hate it here when one of our members don't win their case so DX in his own sweet way🙂  is just making sure that you have the best possible chance of walking away a winner.   PS I had started to write this before Dx wrote his post just now.  
    • this thread is rather co-incidental to yours - same players same amount.     looks like prac/bw might have looked at credit files to see who also lived there at the time, whom sadly they think be responsible too.   you say like the above thread, EON refunded the £89 earlier as an over payment payment? how strange, and after you moved out now claim its owed.   you are correct in saying you owe nowt, its after you moved out....ruddy fleecers.   as that other thread too, does the PRAC letter state our client EON at the top?        
    • you indicated you had collected stuff from lowells sent your old address? that is what we are interest in?   what is in the vanquis GDPR return (SAR) is pretty much immaterial now as you've not mentioned or referred to any of it in your WS.
    • nope, i will use any tool in my book to make sure you get things right. we give vague answers because it's oneway to make people research and investigate by searching here on CAG .   i've lost count of the times here various CAG members have also asked you to research and read up.   its not done to annoy, it's not done to belittle, it's done because simon is a very very slippery customer and WILL exploit the slightest error.   you are now fast approaching the most important stage - witness statement exchange and unless that's done in a way that naisl him SHUT, she will have a very difficult time understanding and explaining everything infront of and to a judge. You can't be there, only she can and if you don't 1000% understand what is being put and done, how are you going to pass that understanding on?   me and other members can help you all we can and will to the dying end, but if it doesn't sink in...i dread to think of her chances....   dx          
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CCA, DCAs and the Unfair Commercial Practices Directive


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You're welcome SC.

 

As both this thread and 42man's compliment each other, I'd like to add the link:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133653-consumer-credit-agreements-letter.html

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Following what Lookingforinfo asked though, this could still be important to find out about accounts which were bought by debt Purchasing companies such as Cabot and the likes pre May.

 

Cabot when asked to supply on a CCA request send the £1 back stating they are not obliged under the Act.. This will certainly shut them up once and for all etc, but there are a lot of old requests in the pipeline, so clarification from TS with regard to those assigned pre May would be extremely useful.

 

 

All things come to those who wait... tick tock Cabot ! :D

 

 

Sarah

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Unfortunately Sarah, as my letter states, anything pre 26th May is dependent on which opinion TS take and how far they want to kick a** :-|

 

Mine wouldn't act without legal argument :(

 

But this changes things :D We can educate TS with the directive and the under secretary's opinion ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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*bump*

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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It would seem now that TS cannot keep putting off taking action against these Rogue DCAs. What is their problem. Is it that they do not know their jobs in relation to DCAs. Do they still think of debt collectors as the man who calls at the door instead of the multi million pound industry that it has become. The DCAs seem to think they are above the law and can keep on flouting it. Has anyone ever heard of a DCA being prosecuted for failing to comply with a CCA request. No I didnt think so. Had anyone ever heard of a DCA being prosecuted for harrassment. A similar answer. The simple fact is that unless someone somewhere prosecutes these greedy barstewards for their dubious activities they will contimue to flout the laws of the land.

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I'm sure there are many reasons why TS appear to be so reluctant to take action against DCAs, under-resourcing almost certainly being one.

 

In my view, one of the problems of TS enforcing is that because they belong to the County Council, their decisions as to whether or not to investigate or prosecute may be influenced by their political masters. Councils compete to bring companies to their areas - to bring jobs, and income. Many of these companies would see a stringent TS as a disincentive.

 

However, I suspect that the biggest difficulty is simply that non-compliant DCAs are just not 'cool' in TS world. Raiding the sellers of counterfeit goods and exposing the local supermarket for selling an out of date yoghurt not only make good local stories that convince the council tax payers that they're getting value, they're also relatively easily done. Pursuing debt collectors who insist (and many lie convincingly), that the debtor is always wrong, is less popular, and may well be harder to prove - especially if, as seems to be the case, TS staff grasp of the legislation isn't 100%.

 

Add to the mix the OFT, who don't appear to take much real interest in fitness to hold consumer credit licences, and guess which TS would rather do - down the local market in yellow jackets to bust the dodgy DVD sellers, or spend time with some of the deeply repellent personalities who inhabit the murky world of debt collection?

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"During the investigation of your complaint I obtained an opinion, specifically in relation to this point, from a leading authority of Consumer Credit. This leading authority provides training to both the Trade and Trading Standards. The opinion given did not regard a DCA to be a "Creditor" for purposes of sections 77 and 78.

 

I also contacted the LACORS (Local Authorities Coordinators of Regulatory Services) Lead Officer for Credit. The Lead Officer's opnion stated that both LACORS and the OFT felt that a DCA would be regarded as the "Creditor" for sections 77 and 78. However, no official guidance had been issued and no legal argument was provided to support this." This was what made TS reluctant before...

 

"Since your complaint the Unfair Commercial Practices Directive has been implemented into UK legislation via the Consumer Protection from Unfair Trading Regulations, which came into force on 26th May 2008. This has enabled the OFT to issue guidance to enforcement officers that provides a legal argument to support their view that DCA's are "Creditors" for the purposes of Sections 77 and 78 of the Consumer Credit Act." OFT can now offer legal argument to TS...

 

The rules have changed and if enough people make a fuss about TS NOT implementing them, ie. complain to their MP, Local Authority Ombudsman, OFT etc. we should see prosecutions soon.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hi BB, my g/f was been harassed by her DCA and they have threatened court appointed baliffs and havent listened to her regarding her bankrupcy since the original debt.

 

Does your post mean that any nasty tricks played before 26th May 2006 cant/wont be acted upon but any after that time will? Or does it depend on when you made the complaint?

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Depends on the Trading Standards department but those reluctant to do anything pre 26th May re non compliance of CCA requests now have the backing of the OFT.

 

Is the debt being chased pre bankruptcy burnt_toast?

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hi BB, my g/f was been harassed by her DCA and they have threatened court appointed baliffs and havent listened to her regarding her bankrupcy since the original debt.

 

Does your post mean that any nasty tricks played before 26th May 2006 cant/wont be acted upon but any after that time will? Or does it depend on when you made the complaint?

 

Depends on the Trading Standards department but those reluctant to do anything pre 26th May re non compliance of CCA requests now have the backing of the OFT.

 

Is the debt being chased pre bankruptcy burnt_toast?

Burnt toast you have the idiots on tape making an illegal threat. Report their sorry asses to TS and the OFT

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LOL

 

No BB, its being chased even though she went bankrupt. The DCA (HFO) say bankrupcy doesnt matter/count (lol) and we've got them taped saying that too. Should we reply and let them know that nugget of info? Or should we expect their employees to have noted this?

 

ODC fully intend to. Trying not to get tied up in knots with all we need to do!

 

Looking to countersue for a barrage of unwanted, at times threatening and totally unlawful harassment.

 

What do you think the chances are?

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BT, if the bankruptcy was after the debt then it's included in it. Tell your GF to give the DCA the bankruptcy details and the contact details of her bankruptcy pratitioner. If they then persist, get her to contact the official receiver's office that dealt with it and they'll sort it for her.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I have got to know a local TS person very well and a lot of the time it is money they are also short of to pursue cases. If they have a risky case re a CCA with little legal precedent (although that should change now) they won't waste their limited budget chasing it at all.

I agree we should start educating the reluctant ones and the letter from TS is a godsend.

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Hi Babybear, thank's for posting this link on my thread. I have a long way to go before, (if at all) my CCA request goes into default. Six working days, no response. If after the 12+2 and then the 30 calendar days, the fight starts here. Your thread will form the foundation for many a fight-back.

Fight the injustice's of life with joy in your heart and abandon bitterness as it will destroy YOUR soul. Just at the foot, of a very steep learning curve. ;)

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Hi Babybear, thank's for posting this link on my thread. I have a long way to go before, (if at all) my CCA request goes into default. Six working days, no response. If after the 12+2 and then the 30 calendar days, the fight starts here. Your thread will form the foundation for many a fight-back.

 

This is something I feel very strongly about and intend to fight along with you all to get TS to do their jobs regardless of funding. They have loads of options such as centralising prosecutions to cut costs.

 

I got royally s****ed last year because this legislation wasn't in place and had no option but to go for bankruptcy.

 

There's also more legislation in the pipeline, namely section 5 of the Tribunals, Courts and Enforcement Act 2007, 2007 CHAPTER 15, which is STILL under consultation with the Department of Justice. But that's for another day when it's finally implemented into UK legislation.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Because the directive wasn't in place at the time they committed the offence in my case LFI...

 

It only applies to offences commited after 26th May 2008.

 

So what you do is send another CCA request to the DCA now. This of course means if they don't comply this time it will be post 26th May 2008 & all bets should be off

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So what you do is send another CCA request to the DCA now. This of course means if they don't comply this time it will be post 26th May 2008 & all bets should be off

 

I went bankrupt in November last year.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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So what you do is send another CCA request to the DCA now. This of course means if they don't comply this time it will be post 26th May 2008 & all bets should be off

 

That's exactly the game i shall be playing with Apex and now Cabot.

 

Can't wait :p;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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babybear, thankyou for adding this.

 

The clock is ticking on my CCA to Thames Credit and I will take full advantage of this new legislation. I will of course be posting my progress and I'm sure drawing on the wealth of knowledge available here.

 

Thanks again, your passionate stance on this matter is evident and I am sure your hard work will benefit many a CAG user.

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That's exactly the game i shall be playing with Apex and now Cabot.

 

Can't wait :p;)

 

Good for you Hopeful1 and may you get sucess *hugs*, keep fighting girl :)

 

babybear, thankyou for adding this.

 

The clock is ticking on my CCA to Thames Credit and I will take full advantage of this new legislation. I will of course be posting my progress and I'm sure drawing on the wealth of knowledge available here.

 

Thanks again, your passionate stance on this matter is evident and I am sure your hard work will benefit many a CAG user.

 

Having been where a lot of new members to CAG are has taught me that we HAVE to take a stand and use the legislation and resources available. Call into question everything and anything...After all, that's what the despicable DCAs do :p

 

If TS won't act now then EVERY law in this country should be brought into question and everyone in the position to call on the new directive should push TS into action :-x

 

If they won't act then we WILL question them via their own Local Authority Ombudsman, MPs, OFT, the media etc...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Good for you Hopeful1 and may you get sucess *hugs*, keep fighting girl :)

 

 

 

Having been where a lot of new members to CAG are has taught me that we HAVE to take a stand and use the legislation and resources available. Call into question everything and anything...After all, that's what the despicable DCAs do :p

 

If TS won't act now then EVERY law in this country should be brought into question and everyone in the position to call on the new directive should push TS into action :-x

 

If they won't act then we WILL question them via their own Local Authority Ombudsman, MPs, OFT, the media etc...

 

the Cabot Fan Club wrote to Mr Lunn, the Director of Thames Credit last year warning him that unless he and his staff changed his ways then the full force of the tactics of the Fan Club, and as many CAG and other forum users we could muster, as used against Cabot would be reigned upon them and he wouldn't know what hit him - just as Cabot felt, staff lost their jobs because of us when we exposed the way they operated, people lost promotion and Cabot lost a considerable amount of money as a result of what we have done, are continuing to do and will continue to do so long as they carry on with their practices. Not to mention the phenominal legal costs they ran up trying to prosecute people and hoodwink courts into believing they were right - not so was it Ken? Thames Credit look as if they are heading the same way, time we gave them a little reminder - Anyone with a Thames Credit account begin by sending out your CCA Requests, your harassment letters to stop telephone calls, query everything that comes from them and get them to put to proof what they are asking you for -

 

Good luck everyone, lets turn up the heat....:-D

 

 

Sarah

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Hi BB39,

 

I have read the response you posted from TS on numerous occasions. But excuse my ignorance can you please explain the meaning of their response and also of what benifit it will have for us. i.e. how will this new legislation benifit CAG members?

Sorry for being a bit thick but I am a wee bit confused!!!

 

Kind regards,

 

Smithy73

:)

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Hiya Smithy :)

 

No worries.

 

What the new directive means is that any DCA chasing an alledged debt got lumbered with the rights of the original creditor, whether they own the debt or not, with regard to compliance with CCA requests from 26th May 2008 :D

 

The OFT can now give guidance to enforcement officers (TS) with the backing of legal opinion that DCAs DO have the SAME responsibilities as the OC :D

 

Basically, if they don't comply with the timescales, they can and SHOULD be prosecuted :D

Edited by babybear39
forgot something as usual

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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