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    • Few tweaks as the run order was completely messed up and the main point of your defence (reconstituted agreement) pushed to the bottom of the statement.   I, XXXXXX, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in this claim and further to my set aside application dated 1 November 2022. 1.The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts in person in the opening paragraph. It is my understanding they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 2.  I understand that the claimant is an Assignee, a buyer of defunct or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment. 3. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights.  This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information).  The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 4.  I became aware of original Judgement following a routine credit check on or around 14th September 2020. 5. The alleged letter of claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address.  I have attached a copy of my tenancy agreement which is marked ‘Appendix 1’ and shows I was residing at a difference address as of 11 December 2018 and was therefore not at the service address at the time the proceedings were served.  I have also attached an email from my solicitors to the Claimants solicitors dated 14 July 2022 which was sent to them requesting that they disclose the trace of evidence they utilised prior to issuing the proceedings against me.  This is marked ‘Appendix 2’. The claimants solicitors did not provide me with these documents. 6. Under The Pre-Action Protocol for Debt Claims 2017 a Debt Buyer must undertake all reasonable enquiries to ensure the correct address of a debtor, this can be as simple as a credit file search. The Claimant failed to carry out such basic checks. Subsequently all letters prior to and including ,The Pre action Protocol letter of claim dated 7 January 2020 and the claim form dated 14th February 2020 were all served to a previous address which I moved out of in 2018. 7. Upon the discovery of the Judgement debt, I made immediate contact with the Court and the Claimant Solicitors, putting them on notice that I was making investigations in relation to the Judgement debt as it was not familiar to me.  I asked them to provide me with a copy of the original loan agreement but this was not provided to me.   The correspondence to the Claimant Solicitor's is attached and marked ‘Appendix 3’ 8. On (insert date) I successfully made application to set a side the judgment. The claim proceeded to allocation, 9. The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2 February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None of these documents were received by the court nor the defendant by that date. (insert date you did receive the documents) I then sent a Data Subject Access Request to Barclays but no agreement was provided. Details the timeline of communication between myself and Barclays are attached and marked ‘Appendix 4’and the copies of correspondence between myself and Barclays are attached and marked ‘Appendix 5’. Remove irrelevant 10.The claimant relies upon and has exhibited a reconstituted version of the alleged agreement. It is again denied that I have ever entered into an agreement with Barclaycard on or around 2000.  It is admitted that I did hold other credit agreements with other creditors and as such should this be a debt that was assigned to Barclaycard from another brand therefore the reconstituted agreement disclosed is invalid being pre April 2007 and not legally enforceable pursuant to HHJ Judge Waksman in Carey v HSBC 2009 EWHC3417.  Details of this are attached and marked ‘Appendix 6’. The original credit agreement must be provided along with any reconstituted version on a modified credit agreement and must contain the names and address of debtor and creditor, agreement number and cancelation clause. 11. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not mislead the court. 12. It is denied I have ever received a default Notice pursuant to sec 87(1) CCA1974.The claimant is put to strict proof to evidence from the original creditors internal document software the trigger of said notice.  13.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. 14. Until such time the claimant can comply and disclose a true executed copy of the original assigned agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Signed                 ………………………………………………….. Name                  XXXX Date                     30 April 2024   Run 3 copies Court /Claimants Sol/File
    • As one of you mentioned above I've been in a mess for nearly 20 years now and I'm ready to sort my credit report out now - the main reason I got into second round of debt is my kids being unwell and the state considering them not unwell enough for extra help so despite my son being in hospital for 3 months in one year we got extra zero help and I eventually lost my job and got into debt to just so I can be تا my sons hospital bed at his time of need - my life basically fell apart and all these debts got me again 
    • Gosh mate I've woke up this morning with half the worry I had last night when going to sleep!.  I can't believe how much this forum has helped me over the years and I don't  have the words to explain the gratitude I feel towards you guys -  Now that I've slept on it I feel ready to reject this company and my plan is to make them an offer to accept payments to date as full and final settlement - I will I think write them a letter once my review is completed or maybe just send it now whilst they are reviewing explaining my kids are unwell for which reason I'm struggling to survive and if I can politely request for them to accept payment to date as a full and final - I'll mention I don't have any cash or anyone to borrow from to offer a full or even part amount of the remaining balance of the iva and therfore am unable to make a offer of payment.   If they agree to at least even put my offer to the creditors then I feel it's better I hang in there and that way I won't have to deal with any possibilities of more defaults and ccjs    Right now the only adverse effects on my credit report are the iva that is now 3 years old and 2 Ccj one coming of this July and one thus October.    But I am worried new action will begin and new defaults and Ccj may start to appear because I've paying into an agreement im under the impression the 6 year rules starts again so yes I have lost of mixed feelings about this but I'm not going to lie you guys have put some life back into my breath this week as for the last 3 years I've felt caged like an animal and this morning I feel freer I can't explain how much but certainly my soul feel lighter today thanks to yin because I'm now viewing this review totally different to I do yesterday thanks to you guys 
    • Court name UNKNOWN Case number ********** Amount N/A Confirmed by Insolvency Service Date issued May 2021 Type Voluntary Arrangement Notes If you have questions about voluntary arrangements you should speak to the Insolvency Service.     I started this in 2021. So it's been about 3 years I've been paying. 
    • Thanks @lookinforinfo@Nicky Boyi sent across the agreement earlier in this thread. No mention of financial reward to the MA. But, I wouldn't be surprised if it was done on the sly. As I said earlier, the owner of OPS is a convicted criminal, with a very shady reputation around these parts.
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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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Boris Johnson, former Prime Minister


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nut nut may well be infected - or even Boris himself as they both seem (allegedly and visibly) very cavalier with the rules and seem to attend rafts of 'booze business' meetings (what ministerial position is it that nutnut holds to require or even allow her presence?)

 

But their covid apps are on undoubtedly on the wiped old phones they have 'lost' and any swab tests under D notices

 

 

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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Personally, I think the later 'jolly business booze parties' revelations are even worse

 

Particular throwing a leaving do for Johnsons personal photographer the day before HM sat alone, masked at Phils funeral - demonstrates what utter contempt they have for the rest of us.

 

"According to the report of the No 10 gatherings, which lasted beyond midnight, witnesses said that “excessive alcohol” was drunk, attendees danced to music DJ’d by a special adviser and at one point a staffer was allegedly sent to a local Co-op supermarket with a suitcase which they filed with bottles of wine before returning to the party."

 

- well at least one of them apologised - after being caught that is

 

 

WWW.INDEPENDENT.CO.UK

Former official James Slack says event ‘should not have happened at the time that it did’

 

Edited by tobyjugg2

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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Oh

 

Missed out the reports that the two parties referred above allegedly started out separate, but later joined up into one 'business party'

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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Setting the framework for Sue Greys expected whitwash(es),

I'll paraphrase (largely just a few specific names removed) a Met officers statements in court supporting a prosecution regarding a 40ish person open air gathering around the same time:

 

“It was a clear and blatant disregard of the recent easing of lockdown measures”

“I explained to **** that there needed to be consequences for her actions, namely organising such a large gathering during a time where there is still such a significant risk to public health.

 

“On this day in particular it was the funeral of His Royal Highness, the Duke of Edinburgh Prince Philip. The country is in mourning and only limited members of his close family were able to attend the ceremony."

 

“being so blasé about organising such a large and illegal event ..  is totally unacceptable and disrespectful in light of everything that is going on in the world.”

 

Person was found guilty and received a £12,000 fine + costs

Edited by tobyjugg2

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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Incredible, when you think about it, that the ceremonial funeral of His Royal Highness the Duke of Edinburgh had fewer attendees than “Slacky”’s leaving do the night before.

- Marina Hyde

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The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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Marina's right. Downing Street have apologised to HRH and it sounded fairly contrite. Buck House have refused to comment, I'd love to know what they might like to say if they could...

 

Meanwhile, the leader of Sheffield council has admitted to going to a party when she was part of the Covid Taskforce, along with other members of the team. It's never-ending.

Illegitimi non carborundum

 

 

 

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The PM (no shocks with that tosspot)

Case - found out after being slotted in to whitewash parties he attended

The head of the covid task force ... definitely should be prosecuted and banned from public office just like the other 2

 

Seems to me the Gray 'report' is to point the finger at civil servants, which is all she can actually do, and take the heat off Johnson

 

Wheres all the leaks coming from?

Demonic is a first thought - but seems to me hes just jumping on the wagon

I think its the hard Brexiters who aren't getting their hard Brexit and want him corralled back into hard Brexit line or replaced.

 

That the remaining real Torys are up in arms is understandable - and simply true

 

Johnson will not resign, if it ever seems he has, its because there is a bigger gun to his head that all the wrath of God that will fall on him from so many places once he isnt PM

 

He will fight to keep position after a no confidence vote, he will fight if the tories lost every seat in the spring elections. He would try  hang on if if could if he went into a general election and the Tories came out with 2 seats.

Trump is his inspiration.

Only a very large gun to his head

 

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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UK.YAHOO.COM

Labour is facing its own “booze row” after Conservative figures pointed out that Sir Keir Starmer had been pictured drinking a beer when the country...

 

 

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Operation Save Big Dog: Boris Johnson draws up plan for officials to quit over partygate so he can keep job

Exclusive: The blueprint is designed to limit fallout from Sue Gray’s investigation, sources say

breaking-news%20%287%29.png

 

Boris Johnson is drawing up a list of officials to offer resignations over partygate in a bid to salvage his premiership, The Independent has learned.

 

Dubbed “Operation Save Big Dog” by the prime minister himself, the blueprint includes a drive to work out which heads should roll following the publication of senior official Sue Gray’s findings, as well as highlighting the prime minister’s achievements, according to sources.

 

You can read the full story here

 

... Operation clean up lorry loads of rancid dog poo might be more apt

 

as Gray “completely blindsided” by the latest revelations, (Wine Fridays) The Times reported.

 

WWW.INDEPENDENT.CO.UK

Boris Johnson is said to have been aware of ‘wine time Fridays’ held in Downing Street during the coronavirus lockdowns.

 

Edited by tobyjugg2

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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Tory MP's will have to decide whether they can continue with Johnson. if it looks like there will be one scandal after another, which seems pretty likely, then I can see enough letters being received by the Chair of the 22 committee to trigger a leadership contest. And Johnson will not stick around to take part in this.

 

With the General Election due within 2 years, sensible MP's will be thinking they need to take action to rebuild trust with voters and that means a new leader.

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I think he could cling on until the May local elections, but if those go badly, MPs might vote against him then.

 

For Labour, the longer he's there the better, as their ratings are going up. I'm sure they'd rather fight a GE agaiinst Johnson than any replacement that might have some credibility.

Illegitimi non carborundum

 

 

 

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I do not support any party but tbh think the Labour party are as bad ( if not worse) then the Tory party, Johnson is crap, am sure my 8 year old granddaughter could do a better job! lol

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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12 hours ago, snowdragon said:
UK.YAHOO.COM

Labour is facing its own “booze row” after Conservative figures pointed out that Sir Keir Starmer had been pictured drinking a beer when the country...

 

 

 

 

Not wishing to stand up for anyone who might be actually breaching regulations, let alone their own regulations,

 but I hardly think having A beer at the end of an official business visit to a labour MP is in any way comparable to throwing multiple parties during lockdown,

and is little more than a desperate febrile excuse to deflect from Johnson and cronies outrageous, repeated offenses

 

.. anymore than the time I had a beer and supper with my daughter and son in law after looking after my grandson while his parents  were at work in the same period

 

.. Dont you @snowdragon ?

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The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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The Keir Starmer issue is not new. Was raised in media after the Hartlepool by-election.

 

It was an evening election event in the local office and they stopped for a break for refreshments.

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I didnt want to get to deep into arguing the detailed ins and outs of something patently not in the same game, let alone the same playing field.

and even if it was, it doesn't excuse, and shouldn't be used AS a deflection from Johnsons abuses .. as seems the intent of those Brex-press articles/forum posts even at a brief glance.

 

 

 

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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8 hours ago, snowdragon said:

I do not support any party but tbh think the Labour party are as bad ( if not worse) then the Tory party

 

Whys that then .. post corbyn?

 

I dont think anyone is or would be as bad as what the Tory party has become under Johnson and his close cronies.

.. Possibly not even Farage

 

 

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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@SD

Dont get me wrong - I considered voting for Johnson rather than Corbyn, but we have more experience now

.. and i would vote for neither now

 

 

I'm genuinely interested how anyone could consider Johnson a viable option, or that Starmer would be 'as bad'

- so much so (dig intended - but not nastily) that they would post that item you did ..

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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TJ, I am not at all interested in politics , they can all go jump in the river, each is as bad  as the other, all full of promises to make you vote for them yet once in power they do not care one iota about you.

Johnson is about as much use as a chocolate fireguard, have no time for any off them. 

Them and the Royals want to try living like us and see how it feels, wondering  how to pay bills etc

 

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R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Although I do somewhat (considerably) agree, that post of yours does perhaps seem to indicate something else at play

Dont see you posting far more valid, let alone far out critiques of Johnson?

Yes others are, and I always try to play devils advocate on my own beliefs *before I present them, but ...

 

Just wondering what was driving it

Just being frank (lol) - something 'incongruous' between the 'despise them all' and 'one sided' presentions

(and yes, my presentations are one sided - but I dont announce they are all as bad as one another - I say one is far worse)

Edited by tobyjugg2
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The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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you know what TJ,  had enough of this,  seems no matter what I post be it here or on other topics I get slated, so with that I wish you goodbye :)

 

Sandy

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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I was simply seeking clarity

You're running from yourself ..

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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Agree with Sandy, that many people are fed up with all in powerful positions, who appear to be letting the country down at the moment.

 

A growing percentage of the public, are arguably more interested in social media influencers than politicians.  Walk down any hight street in the UK and ask people to name say 5 Government ministers and 5 Labour shadow ministers.  I don't think the scoring would be very high !

 

 

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It may well have been a working meeting.

The test of a party is whether there were any clowns present.

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