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    • Sweatband.com I like many of these online retailers – and also retail shops – which sell their goods, make all sorts of claims for their customer service et cetera – but when things go wrong they refer you to the manufacturer. Of course this can be a very sensible arrangement because the manufacturer is better placed to deal with the problem – but we tend to find that very often the manufacturer is pretty reluctant and of course because they are not the retailer, there really not too bothered about their customer-facing reputation. So as has been suggested by my site team colleague above, you are being fobbed off. Secondly, any attempt now to start saying that the treadmill should not be used in the garage – when this has not been referred to at all when it was being sold to you, is in effect introducing a new term into an existing contract. This means that it has no effect whatsoever and is not binding. Sweatband.com are bound by the law of contract and also by the Consumer Rights Act 2015. You are entitled to purchase a treadmill which is of satisfactory quality and remain that way for a reasonable period of time – and you are quite right, it hasn't matched up to those standards and so sweatband.com are in breach of contract. It has nothing to do with the manufacturer. If the manufacturer really want to say that it should be kept in a garage then that's between them and sweatband. It's especially telling that according to you sweatband have actually said that this is a great thing to keep in your garage. I would suggest that you go around the Internet – trust pilot et cetera putting up reviews about sweatband – who as I have said after fobbing you off and letting you down – but also you should put up separate reviews about this particular brand of treadmill and make sure everybody sees that even the manufacturer is saying that it should be kept in a garage and that they won't stand by their product when it breaks down after three months. I can imagine that the person who said this to you from the manufacturer will get a bit of a talking to. Maybe you can tell us the make and model number of this treadmill so that references to it will come up in Google hits in the future. The situation as advised by my site team colleague is that as it has failed within the first six months, the retailer is entitled to one single opportunity to carry out a repair and failing that they are obliged either to replace the item or to give your refund at your option. These are rights which have been created by the Consumer Rights Act 2015. These rights should be asserted in writing You should write to the retailer immediately and put them on notice that you are asserting your rights under the 2015 act and you are giving them a single opportunity to repair the treadmill. Tell them that given its size and its weight, it will have to be repaired at your home unless sweatband.com want to take responsibility for picking it up and selling it to whoever they want to get it repaired by. I can imagine sweatband won't be happy about this and you are going to find everybody's going to start dragging their feet. I can imagine also that sweatband would try to up the ante by saying that it is your responsibility to return the treadmill to them. That would be wrong. The treadmill is defective. Sweatband are in breach – and it is up to them to deal with the problem. I think you will need to be quite assertive and I would suggest that your letter to them should give them a seven day window to let you know what the arrangements are and that the treadmill should be repaired or replaced in any event within 14 days. Please keep us informed as to what happens. Just so you know what we will advise if sweatband don't step up to the mark – if they don't let you have a satisfactory response within the first seven days then we will be suggesting that you begin the claims process by sending them a letter of claim – which then leads to a small claim in the County Court. This is not something you should worry about. Your chances of success are much better than 95% and I can imagine that at the end of the day sweatband.com don't want this kind of trouble and once they realise that you are happy to confront them, they will buckle down. Of course you never know – maybe they are going to act brilliantly and respond correctly immediately – in which case it will be kudos to them. Let's see  
    • Simple answer to that is gambling and having borrowed way too much previous to 2018 and simply not being in a position to meet all debts so always robbing Peter to pay Paul. From last year it just began to catch up. Then covid came and made it worse. Income reduced and job changed and dealing with mental health issues. That’s really the long and short of it. 
    • The UK's inflation rate surged to 0.6% in December from 0.3% in November despite Covid curbs. View the full article
    • Fears had grown over the Alibaba founder's whereabouts because of pressure from Chinese authorities. View the full article
    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Hi everybody,

 

After your expertise and great advice again please.

 

Story so far..... Sent SAR to MBNA, successfully reclaimed PPI, all done and dusted within 2 weeks of receiving SAR. The charges, not so easy.

 

Here is what I sent to MBNA in April

 

COMPLAINT

 

 

Dear Sir or Madam,

 

Following media reports and an investigation into credit card charges by the Office of Fair Trading, which I have recently been made aware of, I now understand that the regime of fees which you have applied to this account in relation to late fees, and over limit charges, are unlawful at Common Law, Statute and Consumer regulations in that they did not represent a genuine pre-estimate of your actual costs.

 

It is my contention that you have failed to operate my account in a manner conducive to the above and have demonstrated a lack of fiduciary duty.

Additionally, these unlawful charges have contributed to undue stress, unnecessary distress and years of harassment from both MBNA and the debt collection agency appointed by MBNA, namely LINK Financial.

 

I calculate that you have taken £xxx.00 plus £x,xxx.00 which you have charged me in interest which total £x,xxx.00.

 

In recent years, Courts have been happy to accept claims for bank charges that exceed 6 years, whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the Limitation Act 1980.

Should County Court action be needed to recover these charges, I will be seeking to rely on this.

 

Therefore this letter requests a refund of all charges indicated including interest within 14 days from the date of this letter.

I request that payment is made directly to me by cheque and that any refund in whole or part should not be allocated to any set off or third parties.

Should this occur, my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

 

You now have 14 days to respond positively and in the absence of this I will put you on notice with a further 14 days letter before action

I trust this clarifies my position.

 

 

Yours Faithfully

 

I had an acknowledgement and then a 'we will respond by' letter, and yesterday I received this.

 

Dear Up2

 

We refer to your recent correspondence concerning default fees on your account. I would like to clarify the situation from our perspective.

 

We have always set out precisely what our charges are in our agreement with you, as they are an integral part of the t&cs under which we are prepared to provide credit facilities.

 

In the case of all the charges we apply for breaching our credit agreements (including overlimit usage of the card, making a late payment, or writing a cheque or authorising a direct debit which is returned unpaid), we look at the portfolio as a whole and set uniform charges reflecting our costs of dealing with such defaults overall, as do all other major credit card providers. This approach allows us to be clear and upfront about all default charges and the basis on which they are applied.

 

You may know that the OFT issued guidelines in April 2006 in relation to the level of credit card default charges across the industry. MBNA disagreed with the OFTs interpretation of the law and continues to maintain that it's default charges have always been fair, legal and transparent. However, we decided to reduce our default charges to £12 with effect from 28th June 2006 for late and returned payments, and 28 July for overlimit fees.

 

We do wish to resolve this matter, however, our records indicate that you have not been charged any default fees over the past six years. Therefore I am unable to offer any goodwill credit on this occasion.

 

I trust this response is acceptable. We have now exhausted our complaint process; therefore I must advise that this is our final response on the matter. If the response is felt to be unsatisfactory, the complaint may be referred to the FOS, within six months of the date of this final response.

 

Sarah Harrowsmith

Vice President.

 

So, What would be my next course of action please? I am prepared to go to court, but do not know the best way to proceed. (I got my POC for BC from other threads, but can not find anything suitable for MBNA)

 

As always, all advice and thoughts gratefully received.

 

Many thanks

Up2

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Hi

 

So you sent a prelim in April giving them 14 days and we are now in June?

 

Have you not done the "letter before action"?

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Hi Ims,

 

I didn't send a lba because they had acknowledged my complaint and then sent the 'we will respond by' letter, so I assumed the lba was not needed.

 

Should this be my next move?

 

Thanks as always

 

Up2

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Yes

 

If you are planning to take court action then you control the time scales...not them

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1. Single Premium PPI Q&A Read Here

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4. The CAG Interest Tutorial

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5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

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Hi Ims, all,

 

Should I resend the complaint letter heading it letter before action and changing the last paragraph to mention proceeding to court? or is there another letter I should be sending?

Also, should I emphasise on the KLEINWORT BENSON -v- LINCOLN CITY COUNCIL case or leave it as it is?

 

As they have said the above letter is their final response on the matter, I am preparing for court so want to get the POC ready to go. Is it okay to use the POC I used for BC as a guide (obviously changing what matters). I am totally useless at this sort of thing but obviously don't want to get it all wrong.

 

Many thanks

Up2

 

P.S Also, Ims or another site team member, would you please be able to rename my thread in the PPI forum (SAR Response time Argos & Santander(for-GE-Money) to Santander/GE Money PPI (BHS & Evans storecard) so that I can get the correct advice please - Many thanks

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Your lba is the same as your preliminary...no need to change any emphasis.

 

Head it "Letter Before Action" and the final paragraph should be on the lines that if they do not refund you within x days (14 would be OK) you will issue in court without further recourse to them.

 

Remember, only threaten court if you intend to go through with it (it looks like you do).

 

POC is really the same as the BC one.

 

I'll look at changing the thread title of your PPI thread

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1. Single Premium PPI Q&A Read Here

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Read Here

6. Staying Calm About Debt

Read Here

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Read Here

 

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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  • 2 weeks later...

Morning all,

 

I'm in the process of preparing the N1 to reclaim these charges and jiggling my BC POC to reflect MBNAs terms etc............ and I'm stuck.

 

When it gets to the charges part, ((d) In addition the Defendant was entitled to charge default fees (“the Charges”) where the Claimant exceeded the Limit, did not pay on the due date or had a payment returned. The Charges were £xx for each transgression from xx)

there is nothing in the original t&cs (signed by myself in 2000) that mention default charges - all of which (late/over limit) were £25.00 from 2000-2005 when the account was sold. However, on the updated agreement sent with my recent SAR, it states that if the agreement is broken the default charges are £12.00 a piece.

 

What should I do? I'm thinking to just put the £25 as it's obvious what they have charged as I have it in black and white on the transaction history, but if it were to get as far as court, would there be a problem as I don't actually have it written in the agreement?

 

I'm probably fretting about nothing, but this is all new to me and rather scary so I'd appreciate any advice please.

 

Many thanks

Up2

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Well we know that they are unlawful penalties whether they are in the T&Cs or not So yes I would put in the £25 as you have form evidence of this.

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1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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Hi up2meears. Can I ask a question re your PPI to MBNA. How did you know you were paying it? Were you allready aware or did you only find out when you recieved your SAR back? Thanks

Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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Hi geordieman,

 

I became aware of it when I first called MBNA because I was having problems paying due to long term sick leave (2004-ish). The person I spoke to at MBNA told me I had been paying it since the start of card, and advised me to make a claim. Did just that. Refused due to pre existing medical conditions and as I was a bit green back then, left it at that.

 

I just assumed it was something that was part of cc (1st ever card I'd had) and bad luck that I couldn't claim. When I received my CCA and then SAR, noticed on the so called agreement that the PPI box was un-ticked so got claiming. They coughed up straight away.

 

Hope this helps :-)

Up2

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Cheers, thanks for that. I cleared my MBNA card last month. Ive had it since 199something, so Ive SAR'd them today.

 

Good luck with your claim, I'll be following this thread

Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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If you go to court how do you prove that the penalty charges are just that?

 

 

Have a read of No3 in my signature

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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  • 11 months later...

Evening all.

 

Could somebody please have a look over the POC for suing MBNA. I have taken it mostly from my BC one, adapting the relevant info. Just want to know if I've missed anything or should remove anything?

 

I have had a final response from MBNA regarding the charges saying that due to the 6 years being up and them not having any info on the account after 2005 there's not much I can do.... I do however have all of the info dating back to the birth of the card which they kindly supplied me last year under my SAR!!!

 

As always, any advice will be gratefully received.

 

Up2

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  • 3 months later...

Evening all,

 

Well it's been over a year since I started this thread and I haven't really done much about this since receiving their reply to my lba that I don't stand a chance due to the limitations act. I have also been poorly and had personal problems that have had to take priority.

 

However, I'm back on my feet and ready for action. I have been reading around getting my POC ready but just have a few questions that need answering please.

 

Should I send a letter to MBNA telling them that I still intend to sue? Or should I just go ahead and start the claim?

 

I have been reading through the consumerwiki on reclaiming charges and have seen the part about reclaiming after the 6 years if I wasn't aware (I wasn't) that I was entitled to do so. Should I tell them this? Is there any further information regarding this?

 

I have a PO address for MBNA can I use this on the claim form?

 

I would be grateful of your words of wisdom

 

Many thanks

 

Up2

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Hello up2

 

Good to see you back :-)

 

Have you researched how to get around the Limitations Act by using S32(1)©?

 

As there has been such a delay I would send MBNA another LBA and updated spreadsheet.

 

Don't send an LBA to a PO box, send it to their registered office and get it signed for.

 

Please only do this if you are prepared to go through with it this time.

 

Bear in mind that it is highly likely you will have to put your case to a Judge, especially if you are claiming beyond six years.

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1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

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3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

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5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Hi Ims,

 

Nice to see you and thanks for looking in so quickly.

 

I have been having a look at the act, but was becoming too bogged down with it

- thanks for pointing me in the right direction :-) I will get on it.

 

I am definitely prepared to go through with it and have the energy and fight back to do so.

I don't mind going in front of a judge because of the circumstances involved

i.e. they refused to help when I started having problems (despite keeping the account in pretty good order when I was well)

 

they charged me over £200 in charges and £800 in interest between

when I first told them of my situation and when they sold it

- a total of 11 months.

 

I made payments of over £900 in this time using other credit facilities causing knock on effects there and a CCJ.

 

They advised me to seek help from friends and family or re-mortgage to pay off the account.

 

They then sold it to Link (we all know Link) and

 

after months of constant harassment I took an overdose to escape their calls.

It was only when I started looking into mis-sold PPI that I read about claiming back the charges.

 

Should I just re-send the original lba or see which part of the acts will work for me?

 

Once again thanks for your time.

 

Up2

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Post #32 here will give you a good template n which to base your latest LBA.

 

It contains the relevant paragraph regarding S32(1)©.

 

Don't forget to head it "Letter Before Action" and put at the end that you will be issuing in court in x days if they fail to respond favourably.

 

Also enclose an updated spreadsheet.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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