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    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
    • Sleep apnoea: used to require the condition  to be “completely” controlled Sometime before June 2013 DVLA changed it to "adequately" controlled. I have to disagree with MitM regarding the effect of informing DVLA and S.88 A diagnosis of sleep apnoea doesn't mean a licence wont be granted, and, indeed, here it was. If the father sought medical advice (did he?) : this is precisely where S.88 applies https://assets.publishing.service.gov.uk/media/64edcf3a13ae1500116e2f5d/inf1886-can-i-drive-while-my-application-is-with-dvla.pdf p.4 for “new medical condition” It is shakier ground if the opinion of a healthcare professional wasn’t sought. in that case it is on the driver to state they believed they met the medical standard to drive. However, the fact the licence was then later granted can be used to be persuasive that the driver’s belief they met the standard was correct. What was the other condition? And, just to confirm, at no point did DVLA say the licence was revoked / application refused? I’d be asking DVLA Drivers’ Medical Group why they believe S.88 doesn’t apply. S.88 only applies for the UK, incidentally. If your licence has expired and you meet the conditions for S.88 you can drive in the U.K., but not outside the U.K. 
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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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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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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For those interested, here is a link to the Treasury select committee hearing from last Tuesday, where they covered many issues arising from the Brexit vote.

 

http://www.parliamentlive.tv/Event/Index/cb083c53-3998-4f3a-8eca-e114e3dbdf0b

 

It will be interesting what the government does in the Autumn in regard to taking Brexit forward. Leadsom seems to think that a PM can just trigger article 50 as an executive decision, but many constituitional experts and lawyers say this is not possible. If Leadsom is advised by government lawyers she must go through parliament, i think there would be an argument, but it would go through. May on the other hand wants to take a more cautious approach, with government and parliament sorting out what they want from the EU first. They then get parliament to authorise article 50 and begin the 2 year negotiation process knowing what they want to achieve. My opinion is that May has a more sensible approach, which is at least trying to gain some consensus on what people want from Brexit, rather than a PM who is in a hurry to leave, without having an agreement on negotiation position which will be complex and wide ranging,

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For those interested, here is a link to the Treasury select committee hearing from last Tuesday, where they covered many issues arising from the Brexit vote.

 

http://www.parliamentlive.tv/Event/Index/cb083c53-3998-4f3a-8eca-e114e3dbdf0b

 

It will be interesting what the government does in the Autumn in regard to taking Brexit forward. Leadsom seems to think that a PM can just trigger article 50 as an executive decision, but many constituitional experts and lawyers say this is not possible. If Leadsom is advised by government lawyers she must go through parliament, i think there would be an argument, but it would go through. May on the other hand wants to take a more cautious approach, with government and parliament sorting out what they want from the EU first. They then get parliament to authorise article 50 and begin the 2 year negotiation process knowing what they want to achieve. My opinion is that May has a more sensible approach, which is at least trying to gain some consensus on what people want from Brexit, rather than a PM who is in a hurry to leave, without having an agreement on negotiation position which will be complex and wide ranging,

 

 

I think that TM's approach would be the best way.

 

 

I also am not impressed with Andrea Leadsom's assumption that because she is a Mother, she will make a better leader ! Then to turn on the journalist and say she was being misrepresented.. ! Good thing the journalist had a recording.

 

 

http://www.huffingtonpost.com/entry/women-leaders-glass-cliff_us_577fe9c5e4b01edea78dc840

 

 

Excellent article in the Huffington Post.

 

The Western World’s In Crisis. Bring In The Women.

http://www.huffingtonpost.com/entry/women-leaders-glass-cliff_us_577fe9c5e4b01edea78dc840

 

 

 

It claims that with the Western world in chaos - the Men are stepping back and leaving the women to it - then when the women fail - they will manage to find a nice strong man to step in and save the world !

 

There is no choice in this country - only two women were left standing.

 

The USA has a choice between Hilary Clinton and Donald Trump, erm.. that's a choice ?

 

Angela Eagle will challenge Jeremy Corbyn on Monday ! I think we will also see Yvette Cooper stick her head above the parapet as well for that one.

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We need to leave as soon as possible. The EU is going to blow up and we need to be out. There are 20 million possible EU migrants lined up to come here until we part ways with freedom of movement.

 

 

Oh dear, what utter rubbish, "blow up" indeed, what on earth are you talking about ?. As for the migrants, what makes you think 20 million people will rush to the uk ?(apart from Farage's xenophobic doctored poster).

 

It's mostly accepted now that to have any sort of free trade agreement that the uk would have to accept freedom of movement, many Brexiters have admitted that their talk of controlling immigration didn't actually mean it would fall.

 

And what of the millions of Brits who work and live in Europe, do you honestly think that if we disallow Europeans to work and live here that other eu countries will still allow Brits to work and live in the Eu ?, I'm currently in the French Alps, the whole town is full of Brits living and working here, it's a two way street.

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Oh dear, what utter rubbish, "blow up" indeed, what on earth are you talking about ?. As for the migrants, what makes you think 20 million people will rush to the uk ?(apart from Farage's xenophobic doctored poster).

 

It's mostly accepted now that to have any sort of free trade agreement that the uk would have to accept freedom of movement, many Brexiters have admitted that their talk of controlling immigration didn't actually mean it would fall.

 

And what of the millions of Brits who work and live in Europe, do you honestly think that if we disallow Europeans to work and live here that other eu countries will still allow Brits to work and live in the Eu ?, I'm currently in the French Alps, the whole town is full of Brits living and working here, it's a two way street.

 

Yep. And when people realise just how many jobs in the UK are with EU mainland owned companies or is reliant on them and the government would have to ensure trade between UK and EU is as smooth as it is now, not to cause serious issues.

 

Within 10 miles, i know of many French, Italian, Spanish, German and British companies, who make whole goods or components that get shipped over to mainland Europe. Because the UK is within the EU area, it makes it easier for these companies to operate in the UK, with goods shipped across Europe and some of the workforce able to move between the various European sites. For example, locally there is a specialised packaging firm who are French owned, with factories in several other EU countries. While they supply the UK market, they also ship packaging products to the EU. If the UK left the EU with terms affecting their current operating model, they would have to make changes. This could affect the jobs of several hundred people and that is just one factory. There will be hundreds or thousands of other businesses around the UK who will be affected by Brexit and any new trade arrangements.

 

I think the UK economy has done well because it has been part of the EU and many leave voters will come to realise they have made a massive mistake. No government is going to proceed with a change that is proving bad for the country and where they feel the majority is against Brexit. At the moment government are saying they will proceed as democrats to implement Brexit, but that does not mean it will happen at any cost. We will have to see what happens, but i would not be surprised to see the UK remain part of the EU, if the EU still exists in 5 years. The UK has a vested interest in seeing the EU survive, as any implosion on our doorstep will have devastating impact on the UK economy.

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Eddie the Eagle has more chance of beating Jeremy Corbyn than Angela Eagle

 

 

:lol: How cruel is that ?

 

 

Although having seen in the press what she has voted on and for and her take on life - I would be surprised if she was acceptable to the voters !

 

 

http://www.independent.co.uk/news/uk/politics/angela-eagle-policies-voting-record-iraq-welfare-cuts-vote-syria-trident-tuition-fees-snoop-marriage-a7111696.html

 

In 2015 Ms Eagle said Chancellor George Osborne has introduced his so-called “national living wage” too quickly and that this might have an impact on businesses. She said there may be a case for a full statutory living wage but suggested she was happy with the Low Pay Commission continuing to set the legal minimum while people campaigned for a full living wage in their workplaces.

 

 

Ms Eagle was one of the MPs who did not vote against Conservative welfare cuts during Labour’s 2015 leadership contest – following Harriet Harman’s party line.

 

 

The MP supported the introduction of tuition fees under Tony Blair and supported raising them to £3,000 in 2004.

 

 

Ms Eagle consistently voted in favour of ID cards and in favour of snooping law requiring the mass retention of communications data. She also supported the Blair government’s plan to detain people for 90 days without charge.

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Brexit is not very certain. Wait for lawyers to get involved on every issue.

 

http://www.independent.co.uk/news/uk/politics/brexit-eu-referendum-result-not-legally-binding-lawyers-letter-a7129626.html

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Leadsom pulls out of Tory leader contest and Theresa May could become PM very soon.

 

http://news.sky.com/story/leadsom-pulls-out-of-race-to-be-prime-minister-10498594

 

Meanwhile Labour will have a leadership contest, for which Corbyn may not be a choice on the ballot, because he may not have the support of enough MP's/MEP's. Corbyn intends to go to court.

 

What a mess ! Most of the politicians who campaigned for Brexit have done a runner and it is most likely politicians who backed remain will negotiate UK's position. And we have the official opposition party in a state of shambles.

 

Get ready for an Autumn election, as May seeks a mandate as PM, hoping to gain a big majority against a weak Labour party.

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She doesn't have to call an election though, does she ?

 

 

After all it was the Conservatives that were voted in to form the government - not simply David Cameron !

 

 

I think she needs to get shot of Michael Gove and replace him with someone she can trust.

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

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5: Forum rules - These have been updated - Please Read

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Don't the people have some kind of contract with the government that could make Brexit perfectly legal ?

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Don't the people have some kind of contract with the government that could make Brexit perfectly legal ?

 

No, the referendum had no legally binding effect. The government are defending a court action. Those bringing the claim say parliament must authorise government to trigger article 50. The government are trying to argue that it is up to the PM using Royal protocol.

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she's said exit, so it looks like it will be, unless the mp's kick up re the required bill. which if they do cld poss trigger an election.

the issue now is what agreement becomes in place (the 'exit' dept will advise), given that she was sort of remain, and, most of the cons were remain.

she does seem though the best choice as leader out of the candidates.

 

as for labour. they are, as you say, in a 'mess'. Corby has its voter mandate, yet its mp's want him out. what about the 'democracy' there.

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No, the referendum had no legally binding effect. The government are defending a court action. Those bringing the claim say parliament must authorise government to trigger article 50. The government are trying to argue that it is up to the PM using Royal protocol.

 

What about the will of the people ?, Does this count for anything ?. It appears not..

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as said, May is saying exit. so, there you go.

seems likely that the 'best' trade agreement with the eu will require some form of allowable movement of eu workers. so, not much of a 'win' for the leavers that dont like eu workers/immigration. not forgetting that international immigration is entirely different.

plus, certain eu laws wld have to be enacted/integrated domestically to facilitate eu trade. again, not much of a win for those that didnt want eu regs.

and, as for extra spending on the nhs. thats gone awol on one of boris' bikes :)

Ossie talking of american trade. ok, lets be controlled further by them instead?

but, lets see what happens. things 'May' turn out ok. :)

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http://uk.businessinsider.com/brexit-dr-peter-catterall-says-eu-referendum-didnt-follow-the-letter-of-the-law-2016-7

 

 

https://uk.news.yahoo.com/government-may-broken-law-eu-060000967.html

 

The government failed to follow its own rules in the way it ran the Brexit referendum, according to a leading constitutional expert who said he agrees with a prominent Eurosceptic lawyer who raised the same point in the House of Commons.

 

 

 

Eurosceptic lawyer and Conservative MP Sir William Cash raised the issue in the House of Commons in late February, saying: "On June 23 the people may not have impartial and accurate information. I believe the government is probably, if not certainly, in breach of their duty under section six and seven of the European Referendum Act 2015."

 

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Uploading documents to CAG ** Instructions **

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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And Philip Hammond said in parliament today that Brexit could take 6 years and beyond the next due election. Theresa May has ruled out an early election and it remains May 2020.

 

Can you imagine the Brexit Tory MP's sitting quietly in parliament supporting Theresa May when the Brexit train comes off the rails.

 

I think Cameron knew that Brexit would be very difficult and might not happen. When the Brexiteers start to realise that their win will mean nothing, they will be very angry.

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And Philip Hammond said in parliament today that Brexit could take 6 years and beyond the next due election. Theresa May has ruled out an early election and it remains May 2020.

 

Can you imagine the Brexit Tory MP's sitting quietly in parliament supporting Theresa May when the Brexit train comes off the rails.

 

I think Cameron knew that Brexit would be very difficult and might not happen. When the Brexiteers start to realise that their win will mean nothing, they will be very angry.

 

 

I think that was very cynical of Cameron. I knew he only agreed to the referendum to appease some of his MPs - don't they realise that all this aggro amongst themselves is causing the electorate to lose confidence ?

 

 

I don't think there should be another election - people voted for the party - not the man at the top. The party has the mandate - let her get on with the job, which I think she will do quite well.

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but will Larry still be there with May, looks like he's not sure whether to stay or go as well :)

http://www.bbc.co.uk/news/video_and_audio/headlines/36781561

 

 

I thought it was quite amusing the amount of press that Larry got today. I imagine he understands that there is something going on :lol:

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I thought it was quite amusing the amount of press that Larry got today. I imagine he understands that there is something going on :lol:

:)

seems he is staying, but Cam wld prob have taken him if May didnt want him (apparently she may have had a cat allergy http://www.standard.co.uk/news/politics/claws-come-out-as-political-rivals-are-caught-in-catfight-on-camera-a3293836.html). No 10 without a chief mouser cat!

https://www.rt.com/uk/350914-larry-cat-downing-cameron/

http://www.dailymail.co.uk/news/article-3686476/A-win-Remain-Larry-cat-stay-Downing-Street-David-Cameron-hands-Theresa-Prime-Minister.html

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Boris johnson new Foreign Secretary :lol: They won't understand him. Bet May gave him the job, so he spends most of the time out of the country and not in London where he can cause trouble.

 

Could you imagine Boris making a speech at the UN, being met with a lot of confused faces as none of the interpreters have a clue what he has said.

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