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    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
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    • Hello,

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

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

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

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

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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.

      Frankly I don't think that is any accident.

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

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

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

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

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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i am preparing two letters one to my local store and one to head office asking for no more phone calls and to accept my repayment plan and asking for OSC and DLC to be refunded to my account and i will contact the FCA to inform them of my problems and i was thinking of contacting the financial ombudsman? are they likely to be any assistance i think that is covering all bases if anything else i have missed please point me in the right direction.

 

Thanks to all for your advice so far

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Ignore, but keep a full log and get a written complaint to the head office. Make sure you seriously consider court action as it is obvious they are now crossing the line into harassment. If you have to, write to the store or head office, explain your situation and you want a repayment plan but NOT a rewrite. Make sure you also reclaim all the charges/insurances they have put on your account.

 

The sad thing is, and its something the reps here keep ignoring, is that you are clearly being harassed multiple times a day. NOTHING has been done to stop this harassment, and even the reps here are pushing you to do a rewrite, which will incorporate all the insurances as one total sum.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi grahamroo

 

I just wanted to touch on some previous comments made on this and other threads that have not been completely accurate.

 

If you are experiencing financial difficulties and have fallen behind with your payments, the store can offer you a 'Re-write' - this means that any arrears on your account will be placed on the back of your agreements; so that your account is back on track and you can continue by paying your regular payment.

 

All monies paid will be transferred onto the revised agreement/s.

 

Kind Regards

 

Ann-Marie

Web Relations Representative

 

Hello Brighthouse,

 

I am wondering whether you are able to answer some questions:

 

1. Concerning the option of a "re-write", does this mean that the new agreements you offer include your 'compulsory' insurances?

 

2. What (if any) are the benefits of a 're-write' to the customer?

 

3. A 're-write' would start the agreement again, unless the new agreement shows the previous agreement date... Then, in essence, it is just a repayment plan.

 

Thanks in advance for your explanation.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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Post it to them and get free proof of posting at a minimum

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Guest Ann-Marie at BrightHouse
Hello Brighthouse,

 

I am wondering whether you are able to answer some questions:

 

1. Concerning the option of a "re-write", does this mean that the new agreements you offer include your 'compulsory' insurances?

 

2. What (if any) are the benefits of a 're-write' to the customer?

 

3. A 're-write' would start the agreement again, unless the new agreement shows the previous agreement date... Then, in essence, it is just a repayment plan.

 

Thanks in advance for your explanation.

 

Good Morning Veganite.

 

When you have a re-write, the terms of the agreements remain the same. The only change on this is that the weeks arrears are placed onto the back of the agreement.

 

The benefits are that the customer will not have to make a large payment to bring the account up to date, as we all know that is usually the main concern when customers fall into arrears.

 

Again, the re-write does NOT start the agreement again, no changes will be made to the agreement except for the the missed weeks going onto the back of the agreement.

 

If you have any further questions, please let me know and I will be happy to come back to you.

 

Kind Regards

 

Ann-Marie

Web Relations Representative

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hello Ann-marie,

 

Thanks for your explanation. To me, it seems a lot of hassle in making a re-write rather than just coming to an arrangement to pay the arrears.

I wrongly assumed that the re-write would include your "insurances" therefore making them non optional.

 

Thanks again.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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Yet again the BH rep completely ignores the very serious issue of harassment. There is also ZERO need to rewrite an agreement. Just offer the person a simple repayment plan until their circumstances improve. Or would that be too logical?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yet again the BH rep completely ignores the very serious issue of harassment. There is also ZERO need to rewrite an agreement. Just offer the person a simple repayment plan until their circumstances improve. Or would that be too logical?

 

My thoughts are the same. Is there any reason why Brighthouse seems so intent on a rewrite?

 

I had thought that the reason was to add their "insurances" into the newly rewritten agreement, but the explanation from Ann-marie shows thats not the case.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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hi Brighthouse,

 

please can you confirm that "insurances" are not bundled into the newly rewritten agreement? there does seem to be conflicting information within this thread concerning this.

 

also, within the first post of the thread, it was stated that the op felt as if they were being harassed, receiving upto 10 phone calls a day?

your response to this is that it is from an automated dialler. an automated dialler does not circumvent your liability for harassment concerning the phone calls. even lately, the OP states that phone calls are still being received which is harassment! this was already pointed out to you within the first post of this thread.

 

the op stated that they felt they are being harassed in this instance and ideally you should remove their number from your system to prevent your customer being harassed further.

 

your clarification on whether or not "insurances" are automatically added onto the re-written agreement would be appreciated seeing as there is conflicting information concerning this within this thread.

 

again, thanks in advance for your clarification.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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You have it in writing here that they dont. It's been posted in an official capacity, even though there are reports from various BH customers that said they were forced into signing the rewrite along with various charges etc.

 

What i dont understand is why BH head office will not intervene and say it is up to the store to sort it out. Whats the point of a head office if thats the case?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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the point? probably to pass the buck... pass the blame onto the store should things backfire.

 

If head office or indeed a CEO makes a mistake then it would look very bad on the business. Especially if the mistake/s were made on an open public forum for the world to read... forever...

 

So, now it has become a little more clearer to me regarding the rewrites since there are many posts showing that Brighthouse is intent on pushing rewrites onto people!

 

Ann-marie has IMO clarified above that no "insurances" are included in the rewrites. Having looked at Brighthouse and their change of policy to automatically include their worthless "insurances" onto all products they sell, then, using the clarification above people should maybe reclaim their money in respect of "insurances" if they have been automatically added to a newly rewritten agreement.

 

Brighthouse states that no "insurances" are added yet customers / website users state otherwise.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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Guest Ann-Marie at BrightHouse
hi Brighthouse,

 

please can you confirm that "insurances" are not bundled into the newly rewritten agreement? there does seem to be conflicting information within this thread concerning this.

 

also, within the first post of the thread, it was stated that the op felt as if they were being harassed, receiving upto 10 phone calls a day?

your response to this is that it is from an automated dialler. an automated dialler does not circumvent your liability for harassment concerning the phone calls. even lately, the OP states that phone calls are still being received which is harassment! this was already pointed out to you within the first post of this thread.

 

the op stated that they felt they are being harassed in this instance and ideally you should remove their number from your system to prevent your customer being harassed further.

 

your clarification on whether or not "insurances" are automatically added onto the re-written agreement would be appreciated seeing as there is conflicting information concerning this within this thread.

 

again, thanks in advance for your clarification.

 

Good Afternoon All,

 

Yes I can clarify that the terms and conditions on an agreement do not change if a customer has a re-write. The re-write allows the arrears to be placed onto the back of the agreement.

 

In regards to the calls that our customers receive: These calls are not demands for payments, , they are attempts to discuss the account and assist with any difficulties the customer may be facing.

 

If the customer does not wish to receive these calls, all they need to do is contact us and we can opt them out.

 

Kind Regards

 

Ann-Marie

 

Web Relations Representative

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Good Afternoon All,

 

Yes I can clarify that the terms and conditions on an agreement do not change if a customer has a re-write. The re-write allows the arrears to be placed onto the back of the agreement.

 

In regards to the calls that our customers receive: These calls are not demands for payments, , they are attempts to discuss the account and assist with any difficulties the customer may be facing.

 

If the customer does not wish to receive these calls, all they need to do is contact us and we can opt them out.

 

Kind Regards

 

Ann-Marie

 

Web Relations Representative

 

Hello,

 

Thank you for your response and clarification.

 

Now, turning to another matter: telephone calls / harassment.

 

Within the very first post of this thread, the OP / your customer stated that they felt the amount of phone calls they were receiving from yourselves was harassment.

 

You declined to do anything about this, ie - you did not remove the number from your system despite the fact that this is within your customers rights. Furthermore, your customer again complained about harassment and enquired where to send the letter to stop your phone calls.

 

IMHO, leading on from the very first post in this thread, you should have followed a course of action that prevented your customer from receiving any further phone calls and harassment. However, you did not. Furthermore, you did not do anything when the customer enquired as to where to send the letter requesting you stop telephoning them.

 

For your perusal, I have copied a basic judgement which is more or less the same scenario between you and your customer.

The judge said: "The existence of a debt did not give a lender the right to bombard the debtor with calls.

"In respect of the harassment appeal, the claimant had made it perfectly clear that she had not wanted to speak to the bank, and she had been perfectly entitled to do so.

"Once the bank had phoned a few times, it had been clear that no progress was to be made. Further calls had been futile and should have been stopped.

"The [original] judge had been right to characterise the calls as intimidation and they had been wholly unjustified."

 

In light of the above and the fact that Brighthouse has not followed a course of action in order to stop its customer feeling harassed, I am wondering for the sake of good customer relations whether you will make a compensatory payment / deduction of money from agreement, to your customer in respect of your failure to stop the harassment?

 

Ideally, you should have stopped telephone calls after your customer had stated it was harassment within the very first post in this thread. However, you did not do this. In addition to this, you again failed to do this despite the customer being more clearer in his wishes and asking where to send the letter.

 

IMHO, you have failed to meet the rights of your customer. For the sake of good customer relations it would be nice if Brighthouse take into account that they were wrong and offer money off the customers agreement in light of the lack of action followed by Brighthouse after the very first harassment complaint.

 

Regards.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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Guest Ann-Marie at BrightHouse
Hello,

 

Thank you for your response and clarification.

 

Now, turning to another matter: telephone calls / harassment.

 

Within the very first post of this thread, the OP / your customer stated that they felt the amount of phone calls they were receiving from yourselves was harassment.

 

You declined to do anything about this, ie - you did not remove the number from your system despite the fact that this is within your customers rights. Furthermore, your customer again complained about harassment and enquired where to send the letter to stop your phone calls.

 

IMHO, leading on from the very first post in this thread, you should have followed a course of action that prevented your customer from receiving any further phone calls and harassment. However, you did not. Furthermore, you did not do anything when the customer enquired as to where to send the letter requesting you stop telephoning them.

 

For your perusal, I have copied a basic judgement which is more or less the same scenario between you and your customer.

 

 

In light of the above and the fact that Brighthouse has not followed a course of action in order to stop its customer feeling harassed, I am wondering for the sake of good customer relations whether you will make a compensatory payment / deduction of money from agreement, to your customer in respect of your failure to stop the harassment?

 

Ideally, you should have stopped telephone calls after your customer had stated it was harassment within the very first post in this thread. However, you did not do this. In addition to this, you again failed to do this despite the customer being more clearer in his wishes and asking where to send the letter.

 

IMHO, you have failed to meet the rights of your customer. For the sake of good customer relations it would be nice if Brighthouse take into account that they were wrong and offer money off the customers agreement in light of the lack of action followed by Brighthouse after the very first harassment complaint.

 

Regards.

 

Good Afternoon

 

Thank you for responding to my post.

 

As I am sure you can appreciate, if the customer has not been in contact with us, we are unable to make any amendments to the account.

 

As mentioned in the first post, If grahamroo contacts our Customer Relations Department on 0800 526069 quoting reference F0701171, we will have this done for him.

 

Kind Regards

 

Ann-Marie

 

Web Relations Representative

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Hello,

 

Thank you again for your response. Apologies, my mistake, I wrongly assumed that the customer had contacted yourselves.

 

Nevertheless, the calls should simply not have been made in the first instance. The number of calls made is totally unacceptable and shows a disregard for the customers rights. It should not take a customer to notify yourselves that your phone calls are tantamount to that of harassment. That in itself is obvious.

 

In light of that, I feel that Brighthouse should offer its customer here money off their agreement in respect of the amount of calls the customer has received. Whether the customer had contacted you or not, the calls should simply not have been made in the first place.

 

The customer should not have received the amount of phone calls they have already received and I feel that Brighthouse needs to make amends to their failings in this area - possibly money off the agreement. It is irrelevant that the customer has not contacted you and therefore you can not remove their number, what is relevant is that this problem should not have happened in the first instance.

 

In light of the failure by Brighthouse, I am wondering whether Brighthouse will provide its customer with money off the agreement for the sake of good customer relations, since the amount of phone calls should never have happened in the first place.

 

Regards

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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letters have been sent to my local branch and head office regarding complaints and the way that i want to move forward, and i have requested a subject access request as far as the opening step to reclaiming OSC goes. the level of calls i have had borderline ridiculous and in any other walk of life a person making that level of unwanted phone calls would get a visit from the police.

 

I have been able to arrange replacing my sofa by the end of this week so they can collect at a time which is convenient to me, then all i have left is 2 items which will be paid by the end of December. Its a shame it has taken me this long to see what a crooked regime is run by BH and the way they try manipulate people.

 

Thanks to all posters for the advice so far, this time last week i had no clue of how to try to tackle BH, the battle isn't over yet but a least i feel better equipped in fighting my corner. Il post any responses i get in the coming days.

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Graham, as weve said before, please log all contact with them, and also read up on the 2 court cases regarding the harassment side of things.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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everything i have logged since last Thursday. 5 calls Thursday and one visit, 6 calls Friday and a whopping 9 calls Saturday which one was taken by my wife and reduced her to tears. Today unplugged house phone and switched off mobile all day so dreading the missed call count when i switch back on.

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Make sure you read up on those court cases. i would also advise you contact their head office and record the call as well, just so the BH rep cant try and shrug you off as you never contacted them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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hi geoff, in all fairness to Brighthouse, their rep Ann-marie has taken time to answer questions posed in this thread.

 

grahamroo - i hope that things get sorted out for you quickly. renegadeimp has given you good advice.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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progress report so far..

 

I sent a letter to my local store Monday where i offered a payment plan of 20 pound a week

to pay into the arrears less Dlc OLc until my first benefit payment next Saturday 14th June

then i can pay fortnightly amounts plus the 20 towards my arrears,

 

i thought that was a reasonable offer. and asked for no more phone calls

and to remove my telephone number from database and asked for written communication only

and asked for confirmation of that.

 

Now i stand at Friday,

10 missed mobile phone calls on Thursday, a

nd a NOTE posted through my letter box today whilst i was out at my childrens school

telling me to ring before 1pm today? and no written communication from BH at all.

 

kind of at a loss to be honest,

 

do i just stick to my original plan or ring and probably get wound up again?

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no you don't phone them

 

pay what you say and stick to it.

 

they cant get blood out of a stone.

 

you don't NEED their permission to start the plan

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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