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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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Mortgage Express appoint LPA Recievers Walker Singleton to scare tenants off!


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Hi All!

 

 

Chillinlong,in reply to your posts and in my view:

 

1.You should sue the LPA Receiver for breach of its implied obligation to get the rent less the agreed management fees.

 

2.If you had tenants in your property before this LPA Receiver appeared on the scene and they left as a result of the LPA Receiver's Actions,you should sue them for the loss in rent.

 

3.It is worth mentioning that although the LPA Receiver is appointed to manage the property but it has both a duty and obligation to you to collect the rent less its fee - normally 10% of the rent and pass this onto to the lender.

 

4.I think the objective of the LPA Receiver here might be to force the mortgage payers in repossession,sell to contacts at a below market value then chase the mortgage payers for the shortfall after the sales too.

 

5.Actually,Mortgage Express has previously done this in the past by selling a property at a shortfall then chasing the mortgage payer for this shortfall and it turned out that Mortgage Express sold it to one of its other companies! And lost the case....Heartbreaking isn't it?

 

If I find the link to the case I will post it here for you.

 

Anyway,please do not say that you have not been warned!

 

I hope this helps.

 

If you have any other questions,please feel free to ask as I am a private landlord and have worked in the mortgage industry too.

 

All the best! Keep us posted!

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Hi Nightmare,

 

Thank you so much for your post, some very good points you state.

 

Some of them were my throughts precisely such as sue for loss of rent, but on the opinions of various solicitors I have come accross they are saying we have a case on Negligence, so not sure whether all your points would be included in this. But I intend to find a solicitor that will take on all these points and find every point we can sue on urgently before it gets worse.

 

Interesting article about the ME selling to an associated company, I have some concerns whether Mortgage Express and Walker Singleton directors are very good friends and lining each others back pockets to say the least.

 

Come on everyone, I know there are more of you in the same situation with Mortgage Express please PM me or post and we can then look at possibilities of a class action, you are not alone! I am willing to try and organise this, I already have a few people contacted me with regards to this but we need more people to join in and stop these bully boy tactics being used when we have worked so hard to get into BTL only for banks to take them off us in an illegal way like the mob.

 

Thanks again

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ME & WS very good friends ? I imagine a very close relationship.

 

I have copy letters sent to and fro between xxxx Bank & WS, they are all on first name terms.

 

A letter from WS to me states "The receivers fees have been calculated in accordance with a scale of fees agreed with xxxx Bank PLC which have been discounted to reflect the volume of business undertaken for xxxx Bank"

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Hi Diddled,

 

It appears WS are not being transparent and are not complying with Subject Access Requests. Now being a firm of surveyors and a member of ARLA I don't think that's very good!

 

Pigland

Edited by pigland

Pigs do Fly!

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I was just wondering if you had a information as what I can do about the above companies.

 

I ran across your article when I was trying to find out more info on the work that these two companies are doing. I'm about two weeks from losing my property due to non collection of rent from S&W.

 

The story so far,

 

I own a one large bedroom basement flat in Leyton E11 4HL.

I’ve had it since 2002; I went into arrears on the property when we had a problem with the plumbing, and tenants moved out. It took a several months to chase the insurers for the funds to fix it and while that happened it was unoccupied so we fell behind. Beginning of last year we found new tenants through an estate agent and refurbished and furnished the flat for a year long rental. A month after the tenants moved into the property the Mortgage Express put the property into receivership with their LPA (receivership firm) company Walker and Singleton. They claimed it was because the Estate Agents (Pure Estates) had deposited the rental income into the wrong bank account. They took control of the property and its management without my consent and refused to discuss anything with me.

 

To this day I have still no idea of exactly what happened during the time their receivers were supposedly managing the property. During the year before they handed me back the property I tried on many occasions to get information on the property from Mortgage Express and Singleton and Walker but neither of them were prepared to speak to me about the property claiming confidentiality reasons.

 

I have requested many times for both the receivers and mortgage express to provide me with details of rental payment received by them last year, how long my tenant stayed and when she moved out, why did Singleton and Walker not find new tenants after she moved out, etc etc. This information is still outstanding and I still remain in the dark about what happened in the 14/15 months they had full control of the property.

 

My belief is that at some point the tenant moved out of the property and W&S neglected to place another tenant into the property, leaving it unoccupied. Having chased W&S without success they gave the property back to ME, and I was handed the keys 4 weeks later in June/July 2009.

 

Soon after that ME started pursuing me for an arrears total of over 9,000 pounds. After several requests for statements to show how this amount was arrived at I am still none the wiser. I started and continued to make the monthly payment from when they handed the property back to me in July although I could not place tenants in the flat due to the damages in the flat and the missing furniture. Although the damage and missing furniture happened during the time S&W were managing the property I have not received a single explanation or reimbursement for this loss.

 

I have since borrowed funds to refurbish and furnish the property and given it Omega Lettings who have signed a 3 year Guaranteed rent agreement from the 1st Oct 2009.

 

After a conversation with an agent from ME in October when he called to chase payment of the arrears I informed them of the new tenancy agreement and how much rent will be coming in. He insisted they would require all of the rent well above the monthly payment. I told them I had borrowed monies to repair and furnish the flat and so I could not pay them all of the rent as mortgage immediately. The agent got angry and ended the conversation by saying they will start repossession proceedings.

 

I called MEX to pay the mortgage on Monday only forthem to tell me that the eviction notice is being served on the 20th January 2010. I have no formal notice of this even happening and of I hadn't rang I wouldn't have been any the wiser.

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Hi

As ME have informed you that an eviction notice is being served on 20th January, can I suggest you send a CPR letter by guaranteed delivery today, as they clearly dont seem to have complied with the pre-action protocols.

Have you ever made a SAR to either ME or WS?

Maybe best if you have a chat with Pigland as he has lots of experience with ME & WS

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Very basically, CPR = civil procedure rules, if party A has threatened legal proceedings party B can send Party A a letter requesting disclosure of documentation that will put you on a level pegging with them. Am I right in thinking there has already been a possession hearing or are they exercising statutory rights without involving the courts?

I'm really not the best person to help you with this, have you tried Ell-en

PM me if you think I may be able to help

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Hi Doots,

 

I've now emptied my message box, I can now take more messages.

 

Who did you speak to at MEx, and did you make a note of the time of the phone call?

 

Can you confirm that you've been told by MEx that they are serving an eviction notice on your tenant, or did they say Walker Singleton were serving the notice?

 

It’s important to know if Mex are acting as Mortgagees in Possession?

 

I'm trying to find out if you can apply to the court to get possession of your property whilst it's with an LPA receiver, Ell-en, Bona or Nuke-em could be a good port of call.

 

In the meantime Doots, we do now have masses of evidence that suggests Walker Singleton who are a firm of Surveyors are deliberately compromising the position of mortgagors.

 

'The receiver owes a duty to the mortgagor to use reasonable skill and care in obtaining a proper price for the property and to manage the property with due diligence (In Re: Medforth v Blake [1999] 3 All E.R. 97'

 

As they are a firm of surveyors they must be transparent and are accountable.

 

 

Kind regards,

 

Pigland

Pigs do Fly!

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Further to reading many threads and Private messages it is apparent that MEX and the LPA receivers are hiding behind the law and no one is really accountable.

 

Therefore, I feel that everyone that has a complaint with Mortgage Express should write directly to Richard Banks the Managing Director or to Richard Pym the Chairman to make them directly accountable. Even send your SAR requests to one of the Richards! Ask them why they are using Walker Singleton when they've had so many complaints?

 

Even if someone else writes back address your reply back to Richard and explain that due to the incompetence of their bank and their internal systems then you will only deal with them.

 

I feel it is important that the letters and replies (minus personal details) be posted here.

 

Richard Banks and Richard Pym are responsible for the orderly winding down of Bradford and Bingleys (MEx) balance sheet by protecting and creating value for the tax payer. They sold part of B&B to Santander leaving other parts including the mortgage book of Mex. It seems they don't want this mortgage business. Mex don't care about you, they want the mortgage money back and don’t care how they get it! MEX by abusing the Law of Property Act 1925 are appointing LPA receivers to circumnavigate the court process to take your property and to pay back their mortgage book. I have been informed that over 40% of their large portfolio business is with LPA receivers.

 

It is apparent that when interest rates dropped MEx used this to their advantage.

 

This is how they did it:

 

Mortgage payment £250.00 per month….The Credit Crunch hit and the payment was late.

At the same time the interest rates dropped; your new mortgage

payment was now £100.

 

This meant you were technically 2 1/2 months in arrears.

 

Hey presto! LPA receiver instructed.

 

LPA receivers like Walker Singleton it seems are not answerable to anyone. It appears from all of the evidence that Walker Singleton have been making the position of the mortgagor much worse. Let's stop this! I suggest that if Walker Singleton have done this to you write to either Stephen Malloy or David Heap and tell them you're holding them responsible for shortfalls of rent and the eventual forced sale. At the same time copy the letter reply here (minus personal details).

 

Pigland

Edited by pigland

Pigs do Fly!

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Hi Doots,

 

Sorry to hear about this, like the others say you need to find out whether the court has decided the eviction based on a reposession from Mortgage express or the LPA Walker Singleton. If it is by MX and you never recieved anything, if you attend the local courts you might be able to set aside the judgements but again its all down to who and what has been done, it is strange how nobody has told you anything though. Would be good if you do a SAR meanwhile from both and Drydens as they are Walker singletons solicitor and you might find info they have used agaisnt your tenants.

 

Pigland, I did write a long complaints letter to Richard Pym and then recieved a reply saying somebody will be in touch with me to deal with the complaints. guess who it was, the Director of Walker Singleton, it gets better this is B & B complaints handling division now is it?

 

I am sorry to reply late and I hope you managed to resolve this morning.

 

Please let us know how you got on.

 

All the best.

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Doots...Good luck from me to!

 

Chillinglong.

 

After you wrote to Richard.pym@bbg he or one of his colleagues must have emailed or discussed your letter, your personal information and property would then have been discussed with Walker Singleton. The SAR should follow Richard Pym down to Walker Singleton. Don't forget to request this if they've not sent this to you.

Pigs do Fly!

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I will go through all the paperworks and figure out. I know there is no letter about the complaint within the SAR so I will have to request along with conversations they have had with LPA reciever but they have said in the letter due to Durrant they do not have to send anything other than the papers alreqady requested for some reason.

 

Thanks again Pigland.

 

Doots any news?

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Re the Durant argument-is it MEX or WS who are hiding behind this?

Whilst MEX may well be able to rely on this, I doubt very much that WS can, because all the personal data held by WS regardless of whether it is electronic or manual will be held for a sole purpose, ie managing your properties.

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Hi Guys,

 

Mixed news from me, I managed to get the eviction notice cancelled. Apparently a senior management suit made the call. But having spoken to Mr Patel, they inform me that they still want a payment plan in place, otherwise they go back for another one and oh and get this they want to appoint another LPA reciever to manage the property.

 

It was an LPA (SW) that got me into this hole in the first place you couldn't make it up.

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Today (20 Jan) I spoke to Steve Malloy at Walker Singleton and enquired as to when he was instructed on my property, he told me October 2008 and said 'we are trying to let this at the moment at £350pcm, I then asked him why his firm hadn't collected any rent and why the property hadn't been advertised for rent since June...he then back tracked and said ' oh no it looks like it was on hold in October 2008 and then we had instruction again from Mex in June'. He then asked why this was, I said that was for him to find out. I asked him again why there was no rent he said he didn't know and would look into it. I said to him Mortgage Express were acting as Mortgagee in possession, he corrected me and told me that they were not and that WS were the LPA receiver and were responsible for the property. I said thank you for pointing that out and as per the 1925 Law of property act the LPA receiver must act with due diligence therefore I hold his firm responsible. He asked if I was threatening him, I said yes! I also pointed out to him that his company used the tactic of leaving properties empty on many other people, I said he must stop this, I also told him I was aware that his normal reaction to anyone challenging him was spitefully recommending to Mex as an exit strategy to sell the property I said if he did this I would take further action. I told him I wouldn't let this lay and I was sending him an SAR request and that I would only deal with him. He requested my telephone number, I said I would like to communicate with him via email or in writing. He said he would email the reply to his enquiries today. I then asked if his firm was a member of RICS. This he confirmed and we finished the conversation.

 

Apparently their are around 2700 mortgage express customers with Walker Singleton at £500-£1000 per go plus rent collection. I suggest that every time we communicate with Walker Singleton or MEx we Diarise it on here. This way they're in the public eye and accountable.

 

I am also happy to receive PMs.

Edited by pigland

Pigs do Fly!

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Well done Doots! This lot are just genius. Write to Richard Banks and ask him if an LPA receiver is stlll instructed and whether they were going to use SW again as they previously cost you £9k and they have numerous complaints against them from other MEx customers? Post the reply here!

 

Make sure that you get a complete inventory of the property condition just in case the LPA takes it.

 

Any legal minds have any advise for doots?

Edited by pigland

Pigs do Fly!

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this is a quote from Richard Banks when he was appointed MD of Bradford and Bingley aka MEX

 

Richard Banks commented:

"Bradford & Bingley is in a unique position, and it will be a challenging role to maintain the momentum and motivation of colleagues during the wind down of the business as we protect taxpayers and repay HM Treasury and the Financial Services Compensation Scheme ("FSCS"), whilst also treating customers and creditors fairly. I look forward to working with the board in achieving a successful outcome for all stakeholders.

 

I have highlighted the line I think we should make it come back to haunt him

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