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    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
    • Hello CAG, Bit of a long post, may want to get a cuppa before starting reading... 😁   after being a lurker for many years and trying never to get into a mess with credit cards like i did 20 years ago, i've got myself into a mess with Amex... I've tried being open and honest with them, but now getting the feeling they are messing me around.    Its not a chargecard, but a Nectar Credit Card with them. TAKEN out 2016. Balance is just under £15k as of today, was almost at £17k.  Debt still owed by Amex, not been sent to NCO/Arrow etc - YET...    Background (short version): Was all fine with more than min. payment (£500 or so), being made until April 2020 when a number of things reduced my monthly salary from work (mainly, take a pay cut or be made redundant), so I soon quickly realised i needed to tighten my belt quickly. Phoned Amex, advisor said nothing they could do except Payment Holiday. Was put onto that for 3 months, told that Amex will be in touch at the end to restart payments. I asked about interest being stopped/frozen/reduced - not possible. So agreed to payment holiday to give me breathing space. 3 months came and went, no contact from Amex... No payments made, interest still racking up at around £300 a month...    Rang Amex back (July 2020), we cant do anything today because your in the middle of the statement cycle call back next week. Called back week after, no solution yet (i asked about things i seen on Amex US website = Regain program - basically freeze card, lower interest rate and pay a set amount for 12 months - more about this later) > Not available in UK yet.   Want to stay on payment holiday Mister B? I asked if there was any way interest could be stopped as this is making the balance increase and increase. No. Do you want to stay on Payment Holiday? Ok. (Bear in mind, if i came off Payment holiday. Minimum Payment was around £570 per month.  So, stayed on payment holiday... Didnt hear anything from Amex again. Called back up in September 2020. Please call back in October after 10th and we can assist.   Called back after October 10, went through loads of stuff, different options etc, was warned that Payment Holiday might not be extended much longer, but now have a program. Worked out with Amex woman that i could pay around £200 per month. But please stop interest - no we cant but we can reduce this down to 9.9APR instead of 23%... . Amex woman said she needed to submit details to 'Seniors' at Amex, please call back next week for update.   Called back week after, advised that first Amex woman was wrong and had made mistakes, shouldn't have told me what she had told me, £200 is too low, minimum would be £389 per month for 12 months or account will default. Told Amex woman 2 that couldn't afford it, went through this last time, etc etc. Amex woman 2 went off, came back, £329.74 is minimum they can possibly accept, 12 months at that amount per month and interest would be lowered, but not stopped. If you dont take out this 'Program' then account will default and will be passed to NCO or Arrow (I hate them both).  Went off, tried to get loans etc, all refused. Rang Amex back, reluctantly agreed so i can keep credit rating at 'good'.  So, been paying since Nov 2021 @ £329.74.    Letter arrived in December - due to out mess up with moving accounts around whilst on payment holiday, we are going to give you £3074 back. Logged into account, only £30.74 refunded, not £3074. Phoned Amex cos thought it was a joke/mistake - Spoke to some bloke - Oh dont worry, the rest will be applied to account automatically in 7 days. he advised was genuine but then got cut off during call. Called back, spoke to some other bloke, yes, looks genuine but please hold... Came back 10 minutes later. Oh, its a mis-print, you are not the only customer to receive one of these. Each should have been £30.74 not £3074. Me = Gutted.    Wrote a letter to Amex saying how dissatisfied i was with general customer service and felt they were incompetent, blah blah etc. Final response received, Complaint partially upheld, heres £150 credit because we were a bit silly, but thats it. IF your still not happy, go to FOS. Opened a case with FOS... Have sent them the complaint letter to them and have had a call from them about this... FOS are backlogged though and will take another 3 months for complaint to be looked at by them.   Let me make this 100% clear, fully admit to owning the debt, yep, ive spent this money (wish I knew what on, cos having got much to show from it - just general stuff and holidays)... Not trying to shirk out of it, trying my best to keep up with re-payments but im really struggling. After I got paid on 1st April, after paying all outgoings i had £9.83 left in current account so am having to go into overdraft each month which is just a vicious circle.  I would really like to NOT have to down the default route and trash my credit rating and then have to deal with the morons at NCO / Arrow etc.    Meanwhile, this is where I need the advice of the CAG experts... - Credit Limit increases... These were coming every few months and it was just being upped and upped and upped. Credit limit eventually was stopped at £15,400. Some of the increases I never even received letter for, just noticed when I logged into account. >>>> Would this be a case for irresponsible lending?   - Stopping interest - I've read something on FCA site that they recommend (not policy) that if a customer is put onto a payment holiday then they recommend freezing interest for customer so the debt doesn't continue to build. I've asked time and time again, Amex just refuse.  >>>> Any tips on how to get Amex to play ball?    - Full & Final/Short settlement I've rung Amex today, told them I might be able to pay it off. Initially they said full balance, i then pushed, they then said they would accept 80% of balance, pushed them a bit more, got it down to 70%. >>> Surprised, and then very surprised they would accept 70%, anyone else think this is a bit odd? Normally they wont budge, or they wont budge from their first offer... Could their be something wrong on account (missing CCA etc?), or do they want rid of me and account as much as I do with them?   - Cant really keep going at these £329.74 repayments. Something is going to have to give somewhere. I believe they wont go any lower and they will just default it i send £100 instead of £329 and send it out to NCO/Arrow. This might not be a too bad thing though because this would stop the interest right? Anyone thoughts on this?    Anyone think of anything else I could try with them? Again, its still with Amex, not defaulted or anything yet, yep, its all my own fault, i've spent the money, dont deny that, just feel Amex have took advantage etc.   Many thanks for reading. Any advice is greatly appreciated.   Kr, Mista B.     
    • Ok so we have complained to HMRC but were still no further forward with getting the P45/P60. We need this as DVLA has said they need more proof of who he is before giving him a provisional license.  What more can l do. 
    • Hi All   just looking for some advice. I bought a used Porsche Boxster from one of Marshall motor group’s Audi dealers (can I name them?) recently and was assured that it received a major service in October 2020 in line with the manufacturers requirements. The service book confirms this. The dealer also told me on the phone that they have a 6 month rule with any mot or service being done if due within this period which assured me when making an offer over the phone on the car that it wouldn’t need anything doing for a while as I recall saying that.   However, digging through the receipts post delivery I saw that the service was in fact minor and after calling the specialist who serviced it in Oct both they (Sheepishly) and the invoice confirmed that the car did not receive new spark plugs, an air filter, brake fluid replacement or a new fan belt which have now all fallen due and hence the major service due warning light. Had I not investigated this then the car would have potentially gone another 4 years, so 8 in total without some of these items being done.   i emailed the salesman to ask what they would propose to do. The matter is complicated by my living 450 miles away in Scotland, and 200 from their nearest branch, a Mercedes dealer in the Lake District, so I suggested getting my cheapest local specialist to do the works that have fallen due, however I have received no response.   Whilst I am still within my 30 days i don’t want to reject the car, which is otherwise perfect, but the fact remains that the Audi 150 point check only asks for upcoming mot’s to be checked and not services and surely you wouldn’t buy an approved used car and expect to have the service light come on 2 weeks later and have to spend almost £500 putting it right.   i would really appreciate some advice on next steps and perhaps who to escalate this to. Meantime the car is booked in for 2 weeks time to get the work done at the cheapest reputable place I could find.   Many, many thanks in advance
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Dealer refuses refund after failed repair attempts


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Hi, looking for some help please.

 

Me and my wife purchased a Peugeot 207 on the 29/1/18 from a New and Used car dealer in Saxmundum near Ipswich

 

.It was advertised on ebay as spares or repair so we contacted them to find out what problems it had, the dealer said we just put that on the advert as it has no warranty and selling on behalf of a customer, but it just needs 2 new tyres!

 

After having the car for a few days we noticed something odd when accelerating from a cold start, the revs appear to drop for a second or so then go back to normal.

 

We took the car back to the dealer and they said they could not find anything wrong as ECU did not show any errors !

 

After a another week we took it back telling them it was dangerous to move off from junctions if revs die, they still said nothing wrong and even blamed our driving as it has a electric clutch, but they replaced a hose as said was slightly split, but appear to make no difference.

 

We now find it has a gearbox oil leak, we took it in on the 31/03/18 to have this repaired, on collection the dealer said he thought it was the clutch housing so they put mastic around it to stop the leak, he said may not last and would cost £500 to fix.

 

Of course the oil leak is still present and have now lost patience with them and asking for a full refund which he has refused and said any further work will be chargeable.

I plan to send the letter below with photos of the oil leak:

 

Complaint about faulty goods

 

On 29/01/2018 we purchased and took delivery of a used Peugeot 207 Registration ..... from you. We paid a total of £1000.00 on a debit card for the vehicle.

 

We now find the vehicle has the following faults:

 

Gear box oil leak and oil leak from engine, also revs drop when accelerating, more severe when cold engine.

 

Under the Consumer Rights Act 2015 dealers must supplier goods fit for purpose and satisfactory quality. As there was a problem with the vehicle when we bought it, you are therefore in breach of contract.

 

The vehicle was taken to yourselves on the 03/02/18 to fix the bad running when cold and on the 31/03/18 to fix the oil leak, but you have not been able to rectify either problem.

 

We are now legally entitled to reject the vehicle and to be reimbursed for its full purchase price of £1000.00.I look forward to receiving this amount onto the debit card account that was used for the purchase within the next 14 days.

 

I have attached photos of the oil leaks in support of my claim.

The vehicle is now no longer in use.

 

Please respond within 14 days of receiving this letter.

 

Would it be best to send it by post or email it, i would need to email the photos of course.

 

I have attached advert.

 

Many Thanks

CarAdvert.pdf

Edited by dx100uk
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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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I'm afraid that you might have some difficulty here. The car was advertised "for spares or repair" and so from that point of view it conforms to its description and was fit for its purpose.

 

Of course you should be saved by the fact that the dealer told you that all it needed was a couple of new tyres but do you have any evidence of this? If you can prove that this is what was claim for the vehicle when you actually entered into the contract then you are in a very good position. If this representation was made to you over the telephone then if you had recorded the call, you would be home and dry. However I have a sense that you may not have recorded the call in which case it will be up to the honesty of the dealer and now they know that you are challenging them and it may cost them some money, they may deny that they said anything of the sort.

 

You've been here since 2009 – did you record the call?

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No I doubt it. It was advertised as spares or repair. What didn't you understand about that phrase?

 

If it was advertised spares or repair then that's what is was.....scrap or spend, your choice.

 

I'm afraid you can't have the penny and the bun.

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No recording unfortunately, but the dealer did replace the tyres before we collected it, not sure if thats enough evidence ?

 

I'm afraid that I don't think it is. I think you are saddled with it – and it's not often that I give this kind of advice!

 

You really should be recording your calls – but you know that now.

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if any thing is advertised as spares or repair and the faults are told to you in black and white, i.e just requires new tyres, ignore it as they are allowed to hide the other problems.......... :!:

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That's not at all what I said. In fact you are quite wrong. If something is advertised as being for spares or repair and yet the dealer goes on to give you a different story and you make the contract on that basis, then you are entitled to rely on the representation from the dealer and to disregard what has been said in the advertisement.

What I have said – or implied is that you don't have any evidence of what the dealer said. If you can get the dealer to repeat what he said that it simply needed two new tyres and that the car would then be okay, then you have him bang to rights. If you had recorded the call – and we have been encouraging everyone to do this for well over 10 years – then you would have had evidence and I would have been very confident on recommending that you took an action in the Small Claims Court. As it is, I'm going to assume that the dealer will deny and on that basis I think the chances of you winning any claim are probably no better than 25%. Not the kind of odds but I would want to run with.

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So basically if any thing is advertised as spares or repair and the faults are told to you in black and white, i.e just requires new tyres, ignore it as they are allowed to hide the other problems.......... :!:

 

Yep, that's about right.

 

I refer you to my previous answer, spares or repair = scrap or spend, your choice.

 

You can't have the penny and the bun...ie you can't buy a £1000 'spares or repairs' car and not expect it to be exactly that: break it for spares or repair the faults. That's what it means.

 

£1000 is banger money anyway.

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Yep, that's about right.

 

I refer you to my previous answer, spares or repair = scrap or spend, your choice.

 

You can't have the penny and the bun...ie you can't buy a £1000 'spares or repairs' car and not expect it to be exactly that: break it for spares or repair the faults. That's what it means.

 

£1000 is banger money anyway.

 

I'm afraid that's not what I said either.

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I'm afraid that's not what I said either.

 

No I know it isn't...the reply was to the op.

 

Basically ANYTHING on ebay sold spares or repair = trouble.

 

I completely agree with you that if the op had evidence that it only needed tyres then that's a different ball game.

 

But I'll bet that wasn't quite what was said. The dealer won't be an idiot. It will most likely have been 'well we are selling it spares or repair on behalf of a customer...it does need a couple of tyres though, so we will do them....'

 

I expect the receipt says spares or repair too.

 

Not good for the op....but spares or repair means, well, break it or repair it.

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I see your point, lack of evidence the issue here. Even though the advert does indicate no faults, spares or repair has to be taken as everything wrong with the car unless dealer gives to you in writing all is ok apart from tyres ?

 

oddjobbob you are spot on what we were told 'well we are selling it spares or repair on behalf of a customer...it does need a couple of tyres though, so we will do them....'

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Well, almost. If a dealer is selling car then you can presume it is roadworthy, safe, and will fairly reliably get you from a to b...bearing in mind the price paid. That doesn't need to be in writing, it's a given in consumer law.

 

the difference here is that is was advertised as 'spares or repair'...that is, sold on the basis that you will either use the parts from it for spares or spend money doing the repairs that are required.

 

and you weren't quite told 'it just needs a couple of tyres'...sad but true. sorry!

 

no doubt your receipt says spares / repairs also?

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When you bought the car, did you drive it away, or did you / the dealer have to put it on a trailer?

 

If you were able to drive it away, and the dealer's been doing repairs as well, I find it hard to believe a judge would see "spares and repairs" as anything but the dealer trying to weasel out of their CRA duties.

 

If on the off-chance it'd been recently MOT'd, or the dealer had it washed and valeted, the porkies really start mounting up.

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great post mttm...:thumb::thumb:

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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Share on other sites

With the revs dropping while stationary try resetting the ecu by putting ignition on without starting the car and then leave it for 2 minutes.

Then start the car.

It works on VW and Audi, so maybe it will work on French cars too.

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This highlights something that I have noticed that is being used more and more in trade ads

 

. Dealers are stating "Sold as spares & repairs" or even "even though it starts we have no knowledge of the condition and advise it is taken away on a trailer.

..Sold spares & repairsr" .

 

Does this then absolve the dealer of any responsibility under the CPA?

 

Sorry if I've hijacked the thread.

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The car was driven from the dealer, it looked as the car was cleaned and engine compartment plastic covers polished up ! he was very keen to replace the tyres before we collected it.

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This highlights something that I have noticed that is being used more and more in trade ads

 

. Dealers are stating "Sold as spares & repairs" or even "even though it starts we have no knowledge of the condition and advise it is taken away on a trailer.

..Sold spares & repairsr" .

 

Does this then absolve the dealer of any responsibility under the CPA?

 

Sorry if I've hijacked the thread.

 

Yes, I think it probably does.

 

These spares / repairs things do have a value of some kind and it would be absurd to say thy cannot be sold.

 

Spares / repairs = trouble, every time.

 

I am a retired car dealer, and if I ever took a px that was trouble I simply sent it to auction, sold as seen.

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The car was driven from the dealer, it looked as the car was cleaned and engine compartment plastic covers polished up ! he was very keen to replace the tyres before we collected it.

 

Good stuff, I think you stand an excellent chance of arguing that this wasn't a true sales 'n' repairs sale, and that the dealer's trying it on.

 

This highlights something that I have noticed that is being used more and more in trade ads

 

. Dealers are stating "Sold as spares & repairs" or even "even though it starts we have no knowledge of the condition and advise it is taken away on a trailer.

..Sold spares & repairsr" .

 

Does this then absolve the dealer of any responsibility under the CPA?

 

Sorry if I've hijacked the thread.

 

If you're selling cars to the general public, advertised on consumer websites, valeted, repaired, taxed, and suitable to drive away on the day, you're going to have a hard time arguing that the words "spares and repairs" or "sold as seen" are anything but trying to avoid your responsibilities to consumers.

 

Instead, the traders use these magic words because writing "I don't want to honour the CRA" would harm sales, and writing them helps the traders bully people out of their rights.

 

Even the idea that there are legions of consumers desperate to buy _entire cars_ for spare parts is an insult to the entire industry.

 

Yes, I think it probably does.

 

These spares / repairs things do have a value of some kind and it would be absurd to say thy cannot be sold.

 

Spares / repairs = trouble, every time.

 

No-one's saying that cars can't be sold for spares/repairs/as seen. The problem comes when you dress a car up as anything but that. It shouldn't be that difficult either; tell people why the car's not a runner, get customers to trailer it away, and don't invest money in making them better!

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Great reply, thanks.

 

I've seen a few cars that look in good nick etc, however they have the caveat "not tested, spares & repairs" I suppose it should act more as a indicator of the level of after sales care to be expected.

 

Thanks again.

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Good stuff, I think you stand an excellent chance of arguing that this wasn't a true sales 'n' repairs sale, and that the dealer's trying it on.

No, I don't, the ad specifically states spares / repairs twice and does not mention if it drives ok or if anything works. They got what was described in the ad.

 

If you're selling cars to the general public, advertised on consumer websites, valeted, repaired, taxed, and suitable to drive away on the day, you're going to have a hard time arguing that the words "spares and repairs" or "sold as seen" are anything but trying to avoid your responsibilities to consumers.

 

Instead, the traders use these magic words because writing "I don't want to honour the CRAicon" would harm sales, and writing them helps the traders bully people out of their rights.

Even the idea that there are legions of consumers desperate to buy _entire cars_ for spare parts is an insult to the entire industry.

Spares / repairs is fine and involves no comeback, as long as the ad is absolutely clear. Sold as seen is a big no no. Consumers see only what they want to see, which in this case was a bright looking modern car for £1000. I do agree slightly sticky ground allowing it to be driven away, but the ad is as solid as a rock, it couldn't be plainer.

 

No-one's saying that cars can't be sold for spares/repairs/as seen. The problem comes when you dress a car up as anything but that. It shouldn't be that difficult either; tell people why the car's not a runner, get customers to trailer it away, and don't invest money in making them better!

This one wasn't dressed up though...yes its been cleaned, but the ad could not be clearer. 'Sold for spares or repairs on behalf of a customer' And why not clean it? People buy with their eyes and not their brain sometimes!

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Great reply, thanks.

 

I've seen a few cars that look in good nick etc, however they have the caveat "not tested, spares & repairs" I suppose it should act more as a indicator of the level of after sales care to be expected.

 

Thanks again.

 

Not the after sales care....there will be none, it's sold for spares! AVOID!

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Good stuff, I think you stand an excellent chance of arguing that this wasn't a true sales 'n' repairs sale, and that the dealer's trying it on.

No, I don't, the ad specifically states spares / repairs twice and does not mention if it drives ok or if anything works. They got what was described in the ad.

 

If you're selling cars to the general public, advertised on consumer websites, valeted, repaired, taxed, and suitable to drive away on the day, you're going to have a hard time arguing that the words "spares and repairs" or "sold as seen" are anything but trying to avoid your responsibilities to consumers.

 

Instead, the traders use these magic words because writing "I don't want to honour the CRAicon" would harm sales, and writing them helps the traders bully people out of their rights.

Even the idea that there are legions of consumers desperate to buy _entire cars_ for spare parts is an insult to the entire industry.

Spares / repairs is fine and involves no comeback, as long as the ad is absolutely clear. Sold as seen is a big no no. Consumers see only what they want to see, which in this case was a bright looking modern car for £1000. I do agree slightly sticky ground allowing it to be driven away, but the ad is as solid as a rock, it couldn't be plainer.

 

No-one's saying that cars can't be sold for spares/repairs/as seen. The problem comes when you dress a car up as anything but that. It shouldn't be that difficult either; tell people why the car's not a runner, get customers to trailer it away, and don't invest money in making them better!

This one wasn't dressed up though...yes its been cleaned, but the ad could not be clearer. 'Sold for spares or repairs on behalf of a customer' And why not clean it? People buy with their eyes and not their brain sometimes!

 

You're not the OP, and writing in the first person is not helpful.

 

The whole reason that consumer legislation exists is because of stuff like you've written here. Thankfully we no longer live in that world.

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