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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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CCJ: Mackenzie Hall Again Please help!


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I'm paying Mackenzie hall for year now but I'm confused by all this alleged unhand tactics they might have got me to start paying without owning the debt. (which went off the the 6 year point year before last)

 

I have challenged them over the phone, but they are insistant they own the debt and refuse to prove they have it.

 

I asked for a statement of account, which they promised to send which I haven't recieved yet and its now over a week.

 

Basically every month Im paying a SO for £25 and then they send a letter stating the current Balance owned and an offer of final payment but is it all geninue or not.

 

My fear is they don't own the debt and I paying for nothing but if I don't pay they will CCJ me etc. What do I do now.

 

Please help.

 

Shaz

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Shaz - do you have any idea what the debt was for? They should tell you whom the original lender was. For clarification "the six year point" only applies of the creditor or their agent has not attempted to collect the debt within the six year period - otherwise they do not lose their right to collect at the end of six years. If you are not sure what the debt is for I would suggest you insist on this information before you make any further payments.

Ellie

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Shaz - do you have any idea what the debt was for?

Ellie

 

Yes, it a Bank Loan and CCJ I defaulted on back in 1998 and it quotes the name on the search as 1st Credit Ltd.

 

>only applies of the creditor or their agent has not attempted to collect the debt within the six year period

 

I did run away from the debt so I don't know if they did.

 

So basically the debt is genuine, but do Mackenzie Hall have the rights to collect it. How do I get them or even 1st Credit who haven't replied to my emails either to say "here" is proof we have the debt and once paid it is clear.

 

All I have ever had is letters stating 1st Credit Ltd , Outstanding Balance Pay now or else, and now letters. say our customer is happy but pay it all and get a discount.

 

I've never had a letter that says, pay this and your 1st credit debt is clear or this is how much you payed and how much to go, even this monthly letter to pay it all in one go, don't actually state that Im paying the 1st credit ltd debt. its implied but doesn't state it.

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Guest Zooman

If the creditor has been to court and there is a County Court Judgment outstanding, then you cannot use the Limitation Act to dispute you owe the debt. It does not matter how many years ago the creditor went to court, the County Court Judgment will still exist. However, the creditor may not be able to enforce the Judgment without the court's permission if the Judgment (NOT DEBT) is over six years old.

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then you cannot use the Limitation Act to dispute you owe the debt.

 

I don't want to dispute it, I want to pay it....I can afford it these days but my concern raised by others posts on this forum, in that Mackenzie Hall may not be genuine and I'm being "conned" and they have no intention of clearing the debt and pocketting the cash. How do I know, how do I prove its all above board and legitimate. Can just anyone can get details of a CCJ off my file and send me demand letters for debts they don't actually own.

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Guest Zooman

Write to the claimant with case number and as ask for a statement of the account no need for any DPA requests they have a duty of care since it is a CCJ.

 

 

Dear Sir/Madam,

Re: Claim # xxxxxxx in the xxxxx county courts 1998.

 

I would like you to forward a statement of payments towards the above CCJ I have made both to yourselves and your collection agancy Mackenzie Hall please also include the balance owing.

 

I would be grateful if you could forward this within 14 days for I can put my affairs in order.

 

I look forward to your reply and if you should need any further information do not hesitate to contact me on 01234 123456.

 

Yors faithfully,

 

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You may find this interesting

 

Code Of Practice

 

 

They are registered as mambers here.

Look at the codes of conduct laid down for its members.

 

You should make McKenzie Hall aware that you will make a formal complaint to these.

Before you do that,you will need to show that you have tried to resolve issues with them first.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Guest Zooman

don't get their back up they can make your life hell. They have a Judgment and there is all sorts they can do if you push them. You have to play ball and ask nicely for things they know their responsabilites.

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Selling debts is common practice in the debt industry and is increasing - there is nothing sinsister in you recieving a letter from an agency you have never heard of - whether you chose to make payments to them is of course another matter...

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Guest Zooman

Lets not forget this is a CCJ and if you do stop paying for any reason they may apply for a bailiffs warrant amongst other things and it will all cost money.

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  • 1 month later...

Hi Shaz, with experience of Mackenzie Hall I'd cancel the standing order. Ask Mack Hall for a deed of assignment (ie proof of their right to collect). Ask for a statement showing monies paid. Write - don't phone. When writing say that you will only deal with them in writing. Mack Hall staff are very good at verbal abuse but they're not so hot on putting things in writing.

 

 

 

I'm paying Mackenzie hall for year now but I'm confused by all this alleged unhand tactics they might have got me to start paying without owning the debt. (which went off the the 6 year point year before last)

 

I have challenged them over the phone, but they are insistant they own the debt and refuse to prove they have it.

 

I asked for a statement of account, which they promised to send which I haven't recieved yet and its now over a week.

 

Basically every month Im paying a SO for £25 and then they send a letter stating the current Balance owned and an offer of final payment but is it all geninue or not.

 

My fear is they don't own the debt and I paying for nothing but if I don't pay they will CCJ me etc. What do I do now.

 

Please help.

 

Shaz

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IronLady,

 

As Zooman has stated, none of that matters at this stage.

Once a Judgement has been obtained its irrelevant.

 

Just ask them for a statement as Zooman has advised.

 

Not paying it will ultimately result in bailiffs attending, and adding enforcement costs. Not to mention warrant exection costs from the court itself.

 

I had a CCJ registered against me by Smile. I made an offer of settlement for

40% less than i owed and they have accepted it. I was fortunate but Id be willing to guess MH would offer you a reduced rate if you are in the position of making a lump payment.

 

Get a statement and see if you can afford and come to a settlement figure with MH.

 

If you do decide to offer a settlement.

I initially offered £800 on a £1600 debt. They refused stating that they wanted £1100. I wrote back upping my offer to £950 and stated that if they didnt accept that i would have no alternative than to continue installments.

They accepted £950.

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The court has already deemed that MH have the right to collect this debt or else they wouldn't have obtained a CCJ.

 

Please listen to Zooman. They are under no obligation to prove ANYTHING to you, they have already proved it to a judge, or you allowed them default judgment by failing to show up to the hearing. All the CCA 1974 & deed of assignment stuff is pointless. It will neither prove nor disprove anything. If they choose to send it, all you will have is a couple of pieces of paper that cost you a quid.

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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Some good advice here and some conflicting advice - especially where MHall are concerned.

 

Lets be clear on one thing. If the hearing was over six years ago MHall did not take you to court - they were only created in September 2003. If they were writing to me I would require them to provide all manner of proof they are entitled to chase me for a debt which the original creditor appears to have given up on.

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  • 8 months later...

Wish I'd found this site when LTSB got a CCJ on a credit card debt...Was too ill to deal with it.

 

Can I claim any unfair charges as I suspect about a third (or more) of the debt is charges, even after they knew my circumstances and refused to come to any repayment agreement or freeze interest on the account?

 

Any advice most welcome :)

 

BB

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Yes of course you can.

Just follow the usual routes for reclaiming.

You may also be able to have the CCJ set aside due to the added charges as the amount of the judgement is incorrect.

 

There's advice on this type of action dotted about the site.

Be VERY careful whose advice you listen too

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  • 7 months later...

Had a rather interesting and upseting letter from SC&M re: CCJ yesterday. The usual c**p about taking everything I have...

 

I called them and asked them to call me back as I was not prepared to pay anymore for this absolute ridiculous series of events...

 

Spoke to a 'lovely' woman who was hostile in the least as soon as I reminded her I was made bankrupt on 1st November 2007.

 

I had to give her all the court ad OR details as they seemingly weren't aware of the fact :confused:

 

Personally, I'm affraid that this was yet another underhand tactic to harass and intimidate me.

 

SC&M have been contacted by the OR regarding the above, and the woman that I spoke to said she wasn't aware of my disabilities and longterm illnesses....Absolute BS!!! They've known all along and questioned me in a manner that the Spanish Inquisition would be proud of :mad:

 

Back to TS and the OR I think with this :rolleyes:

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Hello to you all still having problems with mackenzie hall yesterdays post came you guest it another letter from those EDIT saying please pay the full amount within 7 days of this letter i have been advised to keep all letters by the financial ombudsman they tell me since i made a complaint mackenzie hall has 8 weeks to comply and provide edvidence about my case to me the letter i got looks like [problem] but i will keep you lot informed throughout this 8 weeks.

Edited by freakyleaky
Innapropriate remarks removed
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I had a student loan for 450 pounds in 1997 it is now over 900 pounds . I stayed at a different address when i took out this loan. When i moved i forgot to tell them i had moved and as a result i never got the deferment letter. So as result i defaulted on the deferment as they were sending the letters to the wrong place The next thing i knew about it i was in court having a CCJ applied against me i told them i would pay them back at 5 pounds a week which they promptly refused. I told them that i am on Incap benefit after an accident at work and that any more would put me in severe financial difficulty. They were trying to get 20 pounds or more a week. When i refused they left it at that so now i have a ccj and a mounting debt that they will not let me pay off because i cannot give them 20 pounds a week off 59 pounds i recieve for INCAP benefit. I have tried to reason with them on the phone but they want play ball. No-one will give me credit because of this it is the only debt i have and it,s hamstringing me:confused:

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Spoke to the OR yesterday and it was confirmed that SC&M were indeed notified of my bankruptcy in mid December 2007, as were LTSB:mad:

 

The OR then contacted them and called me back to advise they have said they will stop contacting me.

 

Apparently, this is common even after a bankruptcy order has been made and creditors notified, in that solicitors and DCAs still write hoping to get payment from vulnerable people :-x

 

I then called SC&M asking if the call was recorded and for their complaints procedure. Was told that all calls were recorded and that I have to write in and complain at which time the call wil be listened too and my complaint considered :rolleyes:

 

Are they legally obliged to provide me with a copy of the call as it's now part of a formal complaint?

 

Their actions were so distressing it's made me as ill as I was last summer :(

 

I'm considering suing them for harassmentand whatever else, but need a copy of the call in order to do this...Any ideas folks please :confused:

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I'd be interested to know whether McKenzie Hall can actually send in bailiffs, or do anything else in regard to this old CCJ. Even if they have bought the debt from First Credit, surely that doesn't mean they 'own' the Judgment as well? I thought a Judgment could only be pursued by the organisation named as the Claimant in the proceedings. Don't they have to start a totally new action of their own, with themselves as Claimant? Maybe I've got this wrong but I don't think so.

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  • 2 weeks later...

:) Hi

 

From what I gather, even if they do send baliffs in, you are well within your rights to send them packing. The advice I've read is to ask them to leave and if they don't, to phone the police and tell them you're doing so. I just wouldn't open the door - I've seen that advice given too. I'm sure someone more informed than me can give you more accurate advice if what I say is not quite correct. I think a lot depends on whether there is an outstanding CCJ. Even if there is a CCJ, they would have to go through a procedure to enforce it which is quite complicated I gather - and not easy to do. Again, someone on the forum could give you more info on this.

 

Mind you, SLC told me that they had obtained a CCJ on me in 2001 regarding my student loan but they were lying! Mack Hall have been pursuing me since October last year regarding the loan which is from 1996. Having not heard from SLC for over six years, it is now statute barred but Mack Crap have been phoning, sending me letters etc and I think, hoping I will weaken because of the constant onslaught. Not a chance. I will just continue to keep putting the phone down on them, in fact, I'm thinking next time they phone, I will just leave the phone off the hook for a time.

 

They even phoned Christmas Eve hoping to catch me anawares and my partner did become annoyed on that particular occasion but then put the phone down on the guy anyway. He phoned back right away and left a message - I think they like any kind of response because they feel they're getting somewhere and they can get abusive too then. They love the confrontational stuff but I won't give them the satisfaction and as I say, I just put the phone down and ignore any threatening letters as I have been advised to do by the wonderfully informed and helpful folk on this forum.

 

Their latest letter (last week) warned that their 'field collectors' (baliffs) would be visiting me within seven days if I didn't contact them - oh the suspense....... they're an insult to my intelligence. They really are quite inconsequential little plebs with inconseqential lives who can only bully vulnerable people over the phone, how big and tough are they? They are the saddest and lowest form of humanity and I will never give them the satisfaction of any kind of response from me.

 

I really feel for the people they have bullied and frightened and who have been affected by their behaviour. Well, here's one who's not frightened of them; bring it on Mac Crap!

 

Best wishes

Lunagirl:)

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  • 4 months later...

hi i had a message on my macchine today to phone them asap .. i have moved house 3 times in 5 years .. i just got a bank loan and a new mortgage there so it can`t be that serious .. i can`t think of any debt i may have ... thanks

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