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    • Thanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe concenquences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points?
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
    • Please go back and read my message posted at 10:27 this morning @jk2054. I didn't say that I wasn't going to provide documents, only that I will upload them to an online repo that I am in control of, and that I would share links to these. You shall still be able to read and download them no different from if they were hosted here. And, the issue I have is not so much with hosting, but using an online pdf editor to create a multi-page pdf, again I have discussed this that same message.
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      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.  

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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.

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      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.
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      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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Just Recieved A Signed Capital One Agreement


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I notice this thread gone past its 1000th post!:D aiming to be the biggest longest crapital one thead!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Just received this from CSL, so far they have only sent a copy of the application from and think that is enough. They have still not sent any T&Cs.

[ATTACH]9750[/ATTACH]

Ive never had any dealings with credit solutions so dont know a lot about them but i get the impression they are similar to other similar organisations such as Scottcall RMA power to contact in that they sometimes threaten and actually try to send callers to your home and make loads of nuisance phone calls ,Dont take my word as gospel but i should think if you send them a letter stating that what crapital one sent you in response may satisy a s78 request but that still does not mean that their alleged agreement can be enforced in a court:DI may be wrong so again dont take my word as gospel but get the impression that like the other clowns such as RMA Scottcall powertocontact etc etc.Show them you know your rights with a letter and then just ignore them and they will eventually give up and leave you alone,If you get threats of callers send them the unsigned no visiter no phonecall letter! and keep a no visiters letter by the door to hand to anyone who calls on you,Doorstep callers such as them got no legal powers at all!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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The news or the cheque :D

LOL! :D:D

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SBE, have you got a Capone thread, so we can see how you got to this stage. That way you can be given the correct advice on how to proceed. :D

Hi CitB

Is credit solutions similar to these other clowns who like to make a lot of noise and send threats of doorstop callers and eventually run off when you show them you know your rights and just ignore them?

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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I seem to recall that OH received a letter from them at some stage, but I cant remember which OC was involved. I will have a look a bit later on. But yes, I think you are correct in that they are easily seen off. :D

Hi CitB

Thats great new for scrambledbyegg!:D

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Basically they have just sent this (twice). No T&Cs just this photocopy of an agreement. They have made rude and threatening phone calls to my parents house basically accused my 70 year old mother of lying about me being in work, really what planet are these people on they expect you to pay it all in full and then phone in the middle of the day when mot people are at work. I did have a slanging match on the phone with one of their reps who tried to get me to admit I had a credit card, I told him that if the phone calls did not cease I would report them and he accused me of threatening him! Anyway here is the wonderful document they sent.

 

[ATTACH]9767[/ATTACH]

Hi Srambledbyegg!

Yes i got nuisance phone calls at my work place as well as at home both from crapital one and other banks .In the first stages of any dispute they bombard your home and workplace with nuisance calls.I suppose years ago they must have asked for a day time workplace number and i never thought that years later that infornmation i innocently gave out about my workplace would come back and and bite me.:eek: Lesson learnt never give out your employers number out to any banks or fiancial institutions:eek:

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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I hope all you CAP1 lovers noticed that they are asking me to pay for my Copy document and sar payments again despite being already paid for them... cheeky bu**ers... This just proves they don't look at the accounts.

 

If I do have to go to court I am going to request that ER attends to answer questions about letters that she has sent me... I wonder if she will attend or be on sick or maternity leave still... so why are letters being returned being signed by her. I don't sign for my wife, she don't sign for me, if it says its from her then she signs it and visa versa..

Hi Keefyboy!

Ellie does not seem to keen on a cag trip to their dungeons to view their crap one alleged agreements:D i wonder why:D still she would not be infringing data protection if she allowed you over to view your own:grin:What a cheek she asking for another £11 off you! They dont seemt to grasp things that this is a different request:D shame though i was quite looking forward to attending a Cag crapital one fan club meet at Crapital One head office!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Thanks CB

 

Amended, printed, licked, sticked & stamped :)

 

Beachy

CitB to the rescue again ! She is a godsend Beachy!:)

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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well thanks again GK, looks like the services of your cafe might be earlier than payday, have to see. Not feeling the greatest at the mo.

 

Went to Dr this morning as I have got to have special shoes made because I have a deformity to my big toes on both feet, but all he kept on about was my weight and how it can give me a heart attack or stroke and I'm only a couple of years older than him... blaa blaa blah...

Trouble is I wasn't ready for this sudden attack (up to now he agreed that the problem were caused by my medications Ihave to take because of the NHS's cock up) so I didnt jump back like usual....

so that peed me off a little bit more.....

 

so not the best of days... could also be that the diabetes is playing up again.

 

Next...

Hi KB

Doctors! grhhhhh tell me about them! All they want to discuss is weight now!and blame everything on it i am sure they are on some sort of incentive to lecture and insult people about their weight and dont want people to enjoy themselves! My nurse nearly had a fit when i told her i enjoy eating oven chips and a few glasses of wine in week to keep me saneShe was looking at me like i commited some awful crime:shock: !sorry to hear you feeling poorly and then in tiop of that to have to put up with lectures from these doctors as well :(It seems whatever else you get wrong with you now they only interested in peoples weight and blood pressure,making me suspect strongly there must be some sort of goveremnt incentive which gives doctors pay outs for taking and monitering peoples weight and blood pressure!

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Oh, CB I am amazed 'honestly'

 

They have not told me so I am well within my rights to treat them with absolute contempt.

I love playing the fool with them.

 

GK

Hi GK!

I would love to be a fly on the wall listening to your exchanges with Debitarse! :DI used to love winding them up just keep saying comunication in writing only several times to them in a robotic voice whenever they tried to say anything!:DDare i say i was quite getting to enjoy the Debitarse phonecalls!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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If you are using services of a claims management company we would remind you of the recent warnings issued by the Minsitry of Justice and Citizens Advice Bureau. You can find more details about both at :

 

http://justice.gov.uk/new/newsrelease170209a.htm and

http://citizensadice.org.uk/press20090217

 

The Ministry of Justice headline reads "Buisiness that mislead the public by claiming that they can arrange for unpaid loans. credit card debts or other consumer debts to be written off have been told to stop or face action Justice Minister Bridget Prentice said today, as new guidance was issued by the Ministry of Justice ".

Some one new to Cag just got this reponse from Halifax! beggers belief dosent it!:mad: The arrogance of Halifax! shows how desperate these plonkers getting!

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How dare they try and make people belive they have no recourse to use Consumer Credit Act 1974! and that other people not entitled to pass deatails of the law to them!Next thing is these banks will be banning law books!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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This is still a free country! Well just about!The arrogance of these banks! Another dictator springs to mind who passed a law to burn books he did not like in 1930 s!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Halifax should have it pointed out to them that the draughtsmen francis Bennion who wrote The Consumer Credit Act 1974 provided s127(3) on purpose to protect consumer and actually stated that if a crediter could not be bothered to ensure the correcct prescribed particulars were not accuratly included in the credit agreement it deserveed it to be be found unenforceable and that the courts should not have the power to relieve them from this penalty!Halifax is trying to imply that us ordinary consumers should not have access and protection from the law and the section Francis Bennion worte in to give us some prtection to protect us !

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Consumer Credit Act 1974 s 127(3)

As the draftsman of the Consumer Credit Act 1974 I would like to thank Dr Richard Lawson

for his interesting and well-argued article (30 August 2003) on

Wilson v First County Trust

Ltd [2003] UKHL 40, [2003] 4 All ER 97.

Dr Lawson may be interested to know that I included the provision in question (section

127(3)) entirely on my own initiative. It seemed right to me that if the creditor company

couldn’t be bothered to ensure that all the prescribed particulars were accurately included in

the credit agreement it deserved to find it unenforceable, and that the court should not have

power to relieve it from this penalty. Nobody queried this, and it went through Parliament

without debate. I’m glad the House of Lords has now vindicated my reasoning and confirmed

that nobody’s human rights were infringed.

167 Justice of the Peace (2003) 773.

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I would stick that quote in any letter to a bank if they had the arrogance to say that i was not entilled to use or find out the law!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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If you are using services of a claims management company we would remind you of the recent warnings issued by the Minsitry of Justice and Citizens Advice Bureau. You can find more details about both at :

 

http://justice.gov.uk/new/newsrelease170209a.htm and

http://citizensadice.org.uk/press20090217

 

The Ministry of Justice headline reads "Buisiness that mislead the public by claiming that they can arrange for unpaid loans. credit card debts or other consumer debts to be written off have been told to stop or face action Justice Minister Bridget Prentice said today, as new guidance was issued by the Ministry of Justice ". Quote taken from

 

quote taken from Eggies thread!

 

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/206664-halifa-cca-recieved-but.html

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It looks like these CC companies have found something else to put into their letters. I have had this exact same letter from LloydsTSB. But I'm not a Claims Management Company so I can carry on... Next stop Is SAR this week..

Hi Keefyboy!

My argument is though is whether it is a debt management company or a lawyer or Cag or a friend it is still a cheek of these banks telling people they not entitled to give advice or pass on knowldge about the law!whether it be free as in case of CAG and friends or paid for in the case of a Debt management company or a soliciter!Its not as if these organisations not telling the truth!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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if i got a letter like that i would point out it is a basic human right to have advice acess to and use the law even if it not in banks favour!:rolleyes: and whether it be from a debt management company or Cag or a lawyer or a friend or relative we are all entitled from whatever source to help advice and knowledge about the law including the The Consumer Credit Act 1974 !Even a Debt Managfement company trying to make a quick buck out of situation is entitled to pass on and educate the Consumer about the laws in place to protect them and to me i can not see the difference between paying for and seeking the advice of an Debt management company or between a lawyer specialising in the consumer Credit Act issues as it all boils down to the same!We are all entitled to know our rights and its not as if they are being misleading people as both a lawyer and Debt management company both only pointing out the s 127(3) of consumer credit Act designed and written to protect the ordinary consumer and making a living out of it!Though obviously its better for us discovering CAG and not having to pay huge fees of course ! but still a gross infringement of human rights if bodies like the Ministry of justice and banks takeing action against organisations who are only telling people their legal rights and if that ever happens i will be ashamed of this country :evil:

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is a cca only applicable if you had a credit card before apr 2007? so for example if you took a credit card out in sept 2007 would they have to supply you with a credit agreement or not??

Hi cartero!

A cca is still applicable to post 2006 agreements however in post 2006 one the banks can get away with a lot more when they produce improperly executed ones as unfortunatly the banks put pressure on the goveverment to repeal s127(3) clause in the consummer Credit Act 2006 so that protection is removed :(However it was not retospective to agreements made before 2007 and any agreements made before 2007 have the protection of 127(3) Which states -127.--(1) In the case of an application for an enforcement order under--

(a) Section 65(1) (improperly executed agreements)....

 

(3) The court shall not make an enforcement order under Section 65(1) if Section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under Section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner) This section says that an agreement that is not properly executed can only be enforced if it consists of a single document

 

a) signed by the debtor, and

 

b) has the prescribed terms

However after 2006 this section was repealed and this was the case-

Section 127(3) was repealed in the Consumer Credit Act 2006, which came into force in January 2007. Therefore, the enforceability of any agreement entered into after 2006 cannot be challenged by Section 127. This doesn't mean that such an agreement is necessarily enforceable but it does mean that its enforceability must be argued on its own merits.

 

 

 

To summarise-

-An agreement that is not properly executed and was signed before 2006 is not enforceable unless it has the debtor's signature and the prescribed terms in the same document.

 

. The enforceability of an agreement that is not properly executed, signed after 6 April 2007 and not having the debtor's signature and the prescribed terms in the same document may not be enforceable but it's enforceability has to be argued on a case-by-case basis (you cannot use section 127(3)).

These quotes taken from stevens thread- http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

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so as a result unfortunatly if you have a post 2007 it can be a lot more easily enforced by a judge! However there are more cans of worms being discovered and dicussed by Cag which can be used to make things more diffuicult for banks taking action! such as faulty DN notices ! unfair relationtship ! securisation!:D

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Smacks of desperation to me at the thought of all those agreements out there that should have terms on them but instead have adverts for other services of the bank on them...

 

In the meantime I have constructed a template letter for anyone who wants to reply to this toot.

 

Dear Mr Bank

 

Thank you for your recent letter informing me about the unscrupulous companies that I may if I wish use to screw you with.

 

You will be pleased to know I have no intention of going with one of these companies, as I am more than capable of ripping your toilet paper agreements to shreds on my own.

 

If you would like some information on how to construct an enforceable agreement, please contact me and I will offer your legal department a tutorial.

 

In addition to this limited time offer, if you respond 3 days before I actually send this letter out to you, I will add in my 'Dummies Guide to Default Notices' at a 50% discount. Of course I will deny this discount was ever offered, but you can give it a shot anyway.

 

Details of the courses are shown below. Crayons and paper will be provided, but please ensure your staff don't fight over what colour they get.

 

CCA1974 - Basic Introduction including 'Do I need to respond to a CCA request?

CCA1974 - What do I need to send to comply?

Agreements - Do I really need one?

Agreements - Do I really need all those terms as adverts look so much prettier?

Agreements - I don't have one, can I just make one up?

 

Short break for snacks and naps for those who get cranky.

 

Default Notices - Dates; Is 13 days ever long enough?

Default Notices - Form and content; When is a Default Notice not a Default Notice?

Default Notices - Guessing arrears; Pro's and con's

Default Notices - Premature Termination (don't worry, it happens to everyone)

 

I look forward to hearing from you.

 

Yours sincerely

 

(I'm bored in case you hadn't guessed:D)

Hi Lexis! Love it!

Thanks for giving me a laugh! !:D i have been on my sopabox last two days! LOL since i started seeing those latest pathetic letters from banks!impying it getting illegal to know your rights! They did make me see red! LOL

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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is this country turning into a dictaorship! i ask myself!:rolleyes: Power to the people! :D but you are right Lexis those letters smack of desperation!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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I couldn't agree more.. oh how tempting it is to send it, I might after I have sorted out Crap1...

 

Oh you have forgotten something important... your fee for the legal advice........

 

Have you seen the last line of the letter I have on my keefyboy v LloydsTSB thread ???

 

and I mean it.... I want it back, because they do not deserve to keep it for failing to send me the correct document.. I could quite easily have photocopied my statement and not charged a £1 for it..

Hi Keefyboy!

I dare you to send Lexis letter! LOL:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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I will copy and paste it this morning and after I have beaten capone into the ground I "WILL" send it... I don't care a s*** I got nothing to lose, unless they put a behavour section on the CRA's ;-)

LoL! good one Keefyboy !:D i would love to be a fly on the wall when they get that letter!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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