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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lexis200 V Co-OP (CCA)


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the co-op really are the baine of all the banks in not repling to letters i have given up writing to them now all there post from me now goes via the FOS PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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As I suspected, despite extremely clear instructions that I did not want yet another copy of the application form, that is what turned up in the post yesterday. Only this one is more illegible than the first two.

 

I think a Foxtrot Oscar letter is in order here, along with the queries about the SAR.

Time flies like an arrow...

Fruit flies like a banana.

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Have you sent anything yet Lexis?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi UK

 

Yes, I sent this yesterday - it doesn't mention about the agreement because I want to find out two things from the stuff they haven't sent in the SAR before I go in with that. Plus I've only given them a week to respond, and if they don't/don't do what I've asked, I'll do it anyway. It's been going on for months now so I can wait another week:rolleyes:

 

I recently received the response to my Subject Access Request, but it is not complete.

 

• There is no list of abbreviations and their meanings included with my pack – something you are obliged to provide. I will copy the abbreviations used within my notes and include it with this letter; please ensure all the translations are included in your response.

• There is at least one letter from you that has not been included. I required all letters that have been sent to me to be forwarded, not just a select few.

• You have not included copies of any Default Notices.

• Memos and letters before 2007 have not been included

 

In addition to the above I also found in the middle of my statements, a statement for a gentleman showing his name, address, account number and balance.

 

I am extremely concerned about this, as if you have sent his details to me, I have to wonder who my details have sent to? I will be contacting the Information Commissioners Office about this, and expect a prompt response from you on the matter.

 

Please ensure all documents currently outstanding are sent within 7 days of receipt of this recorded delivery letter.

 

Obviously it has headers etc, I just haven't copied them. I have also written a letter for when they don't respond to this which encompasses everything else I need to say to them. I just really want to first try and find out if they actually did send a DN before I go further as it's quite important to the content of the letter I've done, and I may have to change it depending on what (if anything) is sent.

Time flies like an arrow...

Fruit flies like a banana.

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  • 4 weeks later...

OK, finally had enough from this bunch of bankers. No reply to the above - not even an acknowledgement or a 'we're looking into your complaint'. Nada.

 

So I cancelled the payments to them a couple of days ago (that was a standing order paid on the first of the month, so I won't get hassle for a few days for that one)

 

Spoke to a very pleasant girl this evening who was phoning regarding the arrears of £16 I have (despite being on a payment plan). I explained again very politely that they had not replied to my SAR, or given me the courtesy of a response to any complaints, and not to be rude but I would not be discussing anything else over the phone and so the call may as well be ended.

 

That was that but I'm sure they'll kick in again soon enough.

Time flies like an arrow...

Fruit flies like a banana.

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OK, finally had enough from this bunch of bankers. No reply to the above - not even an acknowledgement or a 'we're looking into your complaint'. Nada.

 

So I cancelled the payments to them a couple of days ago (that was a standing order paid on the first of the month, so I won't get hassle for a few days for that one)

 

Spoke to a very pleasant girl this evening who was phoning regarding the arrears of £16 I have (despite being on a payment plan). I explained again very politely that they had not replied to my SAR, or given me the courtesy of a response to any complaints, and not to be rude but I would not be discussing anything else over the phone and so the call may as well be ended.

 

That was that but I'm sure they'll kick in again soon enough.

 

:)

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5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Well I have a simultaneous WOOHOO and BUGGER IT on this!

 

Just had another call from our completely ethical bank. The WOOHOO is that the narky woman on the phone told me they'd sent out a DN yesterday (remember I had a letter saying the account was terminated ages ago?). When I told her this she said it's not on the file so how could I possibly received it?, I couldn't resist saying 'because banks cock up all the time':D

 

The BUGGER IT portion is because I didn't have the feckin recorder on would you believe it!

 

Even after I told her that they had unlawfully rescinded on on the contract, the pushy mare still asked if I was going to clear the arrears and did I know what the consequences were? I told her there were none due to the unlawful termination and lack of an enforceable agreement.

 

Anyway, that's perked my mood up no end, and I'm about to go and sit underneath the letter box until my lovely DN comes in the post:D

Time flies like an arrow...

Fruit flies like a banana.

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LOL Lexis amazing the sort of things that perk you up.

 

Well Done

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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dont hold out 4 tomorrow lol in my case it had an issue date of 7/5 i got it 18/5 giving only 3 days to rectify beat that lol PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Thanks PF:)

 

Post just came, no DN:(

 

Maybe tomorrow...:D

 

Not still holding your breath are you, Lexis ?8-)

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Dealing with Customer Service Departments? - read the CAG Guide first

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Oh no, sorry, forgot to tell you:)

 

DN arrived on Thursday. 14 days to rectify assuming they hand delivered it to me. Oh, and they terminated the account either Friday or Saturday. Again.

 

They really are complete morons this lot.

Time flies like an arrow...

Fruit flies like a banana.

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  • 3 weeks later...

Little update:)

 

Sent co-op a very hissy letter a week or so ago, basically telling them they were the dregs of the banking community, that they had no ethics whatsoever and that their staff were incompetent gits. Also mentioned the DN/TN problems and a few other bits.

 

As per their normal stellar customer services, I received a termination notice today (made a newbie error before and took the cancellation notice as termination - that'll learn me to not read stuff properly:oops:). Absolutely nothing in response to my letter, so next week I am forming a missive to the CEO. I've been collating all letters to and from them, and it really is abysmal. I think they've answered maybe 2 of the complaints/queries I've sent. Over the course of the two years since I asked to go on the payment plan I've sent and received nearly 50 letters, with about 35 of them being in the last 9 months or so. Nearly all from them are standard templates.

 

When collating the letters I've listed down what each letter was about, who it was from/to and what response was elicited from it. It's really not looking good for them, especially sodding Val McCarron and some other git who doesn't have the courtesy or brainpower to respond to anything.

 

As always I stand by my mantra for the Co-op -

 

Ethical Bank my BUM:mad:

Time flies like an arrow...

Fruit flies like a banana.

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Soooooooooooo, you arent a happy bunny then, Lexis :rolleyes:

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Where are my truffles, please.. :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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erm...they were very nice:oops:

 

actually the caramel hearts were better...:D

 

You are such a tease:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...

Well today I had a letter from the Co-op saying they were still looking into my complaint and would definitely reply in the next month (again), and a letter from Phoenix Recoveries saying that they were demanding the full balance on behalf of the Co-op.

 

Have I mentioned how I feel about the bl**dy Co-op???:mad:

Time flies like an arrow...

Fruit flies like a banana.

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Well today I had a letter from the Co-op saying they were still looking into my complaint and would definitely reply in the next month (again), and a letter from Phoenix Recoveries saying that they were demanding the full balance on behalf of the Co-op.

 

Have I mentioned how I feel about the bl**dy Co-op???:mad:

 

Umm, yep. I seem to recall that you did mention this in passing, Lexis:D

 

Quick letter back to both of them.. advising the account is in dispute and you find it rather disturbing that having advised you that your COMPLAINT is being investigated the Co-op should then instruct a DCA to harrass for payment.

 

You feel sure that this is against OFT guidelines and will be making a complaint to the OFT in respect of this.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I thought I'd been quite reserved on my thoughts about them CB:D

 

I'll be writing my usual sod off letter to DCA and the Co-op, and I've recently finished compiling the 40+ letters to and from the Co-op so that I can see exactly how many times they've broken the guidelines (and the law for that matter!)

 

Oh, and I did get a termination notice recently if I hadn't already mentioned it - that's two terminations, one before and one after the crappy default:rolleyes:

Time flies like an arrow...

Fruit flies like a banana.

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  • 3 months later...

Okily dokily, reply received from Co-op - not the CEO:( but an 'Executive Customer Feedback' person. Otherwise known as a higher level of bullcrap. Now this has really hacked me off as it was blindingly obvious that this was intended only for the CEO, and I have a real issue with him not taking some responsibility for the sh**ty company that he's become boss of.

 

So, it went...

 

Sorry you feel you've been poorly treated, sorry you feel it's been defaulted unlawfully, sorry you feel it's not enforceable, but quite frankly although I've not actually bothered to read your letter properly I have still found that we're right and you're wrong. Please accept another illegible copy of your application with no p. terms but some completely unrelated general terms on several sheets of paper, and an FOS leaflet with our compliments.

 

One of my favourite bits was when she tried to defend the lack of 14 clear days on the default. She said 'it may help you if I explain that..' essentially she then went on to say that the 14 days was not for me to remedy, but was the minimum time allowed before they could take action. Well I got on my little high horse about this and have jotted a reply taking umbrance at just about everything she said. I've quoted the relevant bit of the regs and asked her if she would like to retract her lie regarding it which was clearly intended purely to mislead me.

 

She refers to the application as an agreement all throughout, and I have now seen on the CRA bit on it that it even states 'if your application proceeds' a couple of times, notwithstanding that it is as you have seen a complete mockery of a "contract" anyway.

 

Oh, she also said that the termination I had in '07 was not a termination but merely a cancellation notice regarding my credit line. Now, technically she is correct, it was headed 'cancellation notice' HOWEVER, and it's a big however, they have very clearly written that due to my account being in arrears, my 'agreement with the bank has been terminated' (my underline). This is about as termination-y as you can get!

 

Basically I've just gone through it point by point, managing to annihilate absolutely every point she has made, but with case law and regulations to back me up. I am completely aware that this will get me nowhere, but I will be complaining to the FOS (and TS about the creative re-working of the default regs?) and I want it shown that I have stuff backing me up every which way. I have ended by saying that if they are so sure of their footing then they should issue proceedings, otherwise they should think long and hard about carrying on with this harassment over an application they can not enforce and an account that they terminated two years ago.

 

I will also carbon copy this letter to the CEO both by snail mail and email and see if either of them stick. Otherwise they can go jump as I will not be doing this with them anymore. It's for £800 odd quid for god's sake! And they're adding charges again now!

 

Do you know what really galls me though - and I told her this in my reply - is that there was not one sincere apology for the way I was treated when I told them I was in trouble, and they were abysmal. Every single sentence started with 'I'm sorry' or 'My apologies', but not one went on to say 'for the treatment you have received from the Bank. This should not have happened and we will work to make sure it will not happen to anyone else' Basically it should have been a complete apology, even if she then went on to say that I was wrong about everything else - I gave enough info for her to see just how bad they'd been!

 

Anyway, this has turned into a rather massive ranty post so I'll go before you all think I'm mental:D

Time flies like an arrow...

Fruit flies like a banana.

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I'm having fun & games with Co-Op too, but for a bigger balance. Fredericksons are now involved despite having a letter from Co-op saying they can't provide a copy of the agreement.

 

I put a dispute through the FOS and that was probably a mistake. The FOS are sympathetic to the bank's cause and their opinion is that if you've made payments in the past, then you have acknowledged the debt. They go on to say that it would be for a court to decide on the enforceability of a debt.

 

I think this is why they've instructed Fredericksons as the FOS said they didn't see why the Co-op should not try to collect - again, no legal precedent, just their opinion of what is reasonable.

 

Like you, I have received a couple of termination notices, and a default notice in between the termination notices - I think I'll hold this up my sleeve for my day in court which I'm sure will come one day as I don't think a complaint to the FOS would help my cause.

 

I can understand your frustration but I don't think you'll get them to admit they've not handled you properly!

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Oh dear Lexis,you must be feeling very frustrated. It really cant be cost effective for them to pursue this.. but I guess it keeps someone off the streets :rolleyes:

 

Will you now send them a letter along the lines of the RW missive ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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