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    • HI all, So I work for a company who offers a review service for large companies, whereby customers can review products and/or services and the reviews appear on the companies own site My job, along with roughly 10 others, is to moderate those reviews. We're all on a zero hours contract, so we do work as and when it's available. The way the system works is for every 120 reviews we moderate, we get paid the equivalent of the basic minimum wage, so £11.44 per 120 reviews. If this were a steady supply of reviews, it could be a decent income, but it's not, so you end up spending a lot of time doing nothing and not being paid for it, such is life For the last 3 months or so they've had an issue whereby a lot of reviews were duplicated up to 15 times and we were told to moderate those as we would normal reviews, so you can imagine how many reviews we've been having to moderate, my moderated review count was probably around 4x the number I normally do, almost throughout the entirety of June this was going on for. So being quite excited about the prospect of a boost in income, to my and other mods surprise and shock, we're not being paid for all those extra hours and work done, for the past 3 months when the issue started.. We're only being paid for the non duplicate reviews, plus 5% on top. So in my case, instead of receiving around £1500ish for the month of June, I'm only receiving around £500 I mean, I get it, marking each of these duplicates was very quick/easy, as it was a repeat decision from the previous 14, but to let us do all that work and not pay us for it?
    • That's good news, well done. From  memory, self-employed people didn't pay into SERPS, it was for employees. And I believe SERPS stopped in 2002, being replaced by S2P. HB
    • You should for the court to consider otherwise they wont grant a directions hearing.
    • Two things: Firstly, can you avoid posting solid blocks of text. They are very difficult for people to read and to follow especially when using small screen such as telephones. Properly spaced please. I have restructured your one for you – but it would be nice if you took care of this yourself. Secondly, when you upload documents in PDF format – please can you use single file multipage format and also a name which is meaningful instead of just random numbers.pdf. As a general guide, you should upload documents in a way that you would like yourself to receive them if you are helping somebody free of charge. I have deleted the two files which you have uploaded earlier. As far as I can make out they are all part of the same document and should have been uploaded in a single file format and named. As it is, they aren't especially relevant at the moment so don't bother about reposting them but please bear in mind what we are saying about uploaded documents. I notice that although I asked you if the item was properly declared and valued you haven't responded in particular you haven't told us the declared value. Is there any reason for this please? Do you understand why you don't need parcel delivery insurance?
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    • If you are buying a used car – you need to read this survival guide.
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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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Debt_Mountain Vs CitiCards


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I raised the N1 and posted to Morpoeth Court, the judge there sent it to Salford even after I had sent my request to keep it at Morpeth.

 

Salford Judge has stayed the clim and ordered that I provide a service address in the English Jurisdiction under section 6.5 (2). I am trying to get a web copy of the CPR? (EDITED - got it here) He made this order after receiving my letter asking for it to be retunred to Morpeth.

 

What is my best action now?

 

I can ask the Salford judge why it is not being returned to Morpeth (I am an individual etc)

 

I can ask the Salford judge why the service address has to be in England?

 

I can raise a claim in a scottish Court? Can I transfer my N1 to a Scotish court somehow?

 

Can someone give me permission to use their English address?

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after sending a letter saying to the judge that I can claim through an English court he has said that I still need to have an address in England for papers being served?

 

Can anyone point me to information saying I can have papers served to a Scotland address, can I ask for a different judge to review this?

 

I am also trying to have the case returned to the court of my choice in Morpeth, not the one in Salford? any ponter on how to do that also?

 

thanks (hopefully I will get a reply this time?)

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Letter I sent with my AQ:

 

Dear Sir/Madam

 

Claim No xxx Me v Citicards

 

It has come to my attention that the defendant routinely requests in their allocation questionnaire that cases involving penalty charges are transferred to Salford County Court to be heard in secret.

I wish to object to any application for transfer on the following grounds.

 

1. The defendant’s application was made without notice to myself and I have not been given the opportunity to make representations.

 

2. I am an individual of limited means. I am a litigant in person and I am suing the defendant on my own account.

 

3. The defendant is a multi national company with access to huge financial resources whilst my finances are strictly limited.

 

Order 26 to which the defendant may refer to in their application, normally is applied for the benefit of a claimant who is claiming as an individual.

 

The defendant refers to recent findings by the Office of Fair Trading, however it is clear that the Office of Fair Trading conclusions indicate very strongly that companies such as the defendant are acting in violation of the unfair terms in consumer contracts regulations. And therefore as the defendant continues its system of penalty charges in the face of the Office of Fair Trading report it is they who should justly face the burden of costs and not claimants in person who are merely seeking to enforce the law.

 

The defendant argues the virtue of having all cases transferred to the same court. There are presently at least sixteen cases, which have been transferred to the Mercantile Court in London so that the bank charges issue can be tested once and for all. The claimant respectfully suggests that if the Salford County Court will not return my case to the MY COURT County Court that in the alternative this case should be transferred to the Mercantile Court in London to be heard before the designated Judge there along side all the other penalty charges test cases.

It is not in the interest Overriding Objective for my case to be tried in a court other than my nearest County Court which is Morpeth & Berwick County Court.

 

I also understand that the defendants had asked that their evidence be received in secret without any opportunity for myself or any other person to have an opportunity to examine it in advance of the hearing. Furthermore I understand that it would not be possible to carry out any cross-examination in respect of that evidence and that I would have no opportunity to have the evidence scrutinised by my own expert or an independent expert, despite the fact that the defendant's evidence is likely to be of a technical nature.

 

I wish to object to the defendant’s request. It cannot be in the interests of the Overriding Objective to allow secret evidence to be taken during a small claim. Furthermore the question we are deciding is the lawfulness of the defendant's penalty charge system. The defendant claims that their evidence is" commercially sensitive". However the question of the defendant's penalty charge regime does not refer to their core business. Whilst it could well be the case that information relating to the defendants core business could indeed be commercially sensitive, the question of penalty charges relates to an incidental aspect of the defendant's business -- and which if the defendant is to be believed, produces no profit at all as according to the defendant, their penalty charges merely cover their administrative costs. It is also true to say that the defendant has in the past claimed that their costs are merely in line with those of other similar organisations. Clearly then, the defendant's penalty charge regime is not a competitive matter, according to the defendant it brings them no profit and therefore there can be no grounds for saying that the information is commercially sensitive.

 

If the defendant is insistent that his evidence is commercially sensitive then I would respectfully suggest that maybe this entire matter is better suited for a higher court such as the mercantile court in London or Bristol.

 

Yours faithfully

 

 

After this it was sent down to Salford and then ordered by Mr Judge that I get an english address and it is stayed until I do so.

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Then I sent a letter to object to it being transferred. This was sent to my original court not Salford.

 

I would respectfully like to object to the Notice of Transfer of Proceedings for the above claim dated 14 December 2006.

It has come to my attention that the defendant routinely requests in their allocation questionnaire that cases involving penalty charges are transferred to Salford County Court to be heard in secret.

1. The defendant’s application was made without notice to myself and I have not been given the opportunity to make representations.

2. I am an individual of limited means. I am a litigant in person and I am suing the defendant on my own account.

3. The defendant is a multi national company with access to huge financial resources whilst my finances are strictly limited.

Order 26 to which the defendant may refer to in their application, normally is applied for the benefit of a claimant who is claiming as an individual.

The defendant refers to recent findings by the Office of Fair Trading, however it is clear that the Office of Fair Trading conclusions indicate very strongly that companies such as the defendant are acting in violation of the unfair terms in consumer contracts regulations. And therefore as the defendant continues its system of penalty charges in the face of the Office of Fair Trading report it is they who should justly face the burden of costs and not claimants in person who are merely seeking to enforce the law.

The defendant argues the virtue of having all cases transferred to the same court. There are presently at least sixteen cases, which have been transferred to the Mercantile Court in London so that the bank charges issue can be tested once and for all. The claimant respectfully suggests that if the Salford County Court will not return my case to the Morpeth & Berwick County Court that in the alternative this case should be transferred to the Mercantile Court in London to be heard before the designated Judge there along side all the other penalty charges test cases.

It is not in the interest Overriding Objective for my case to be tried in a court other than my nearest County Court which is Morpeth & Berwick County Court.

I also understand that the defendants had asked that their evidence be received in secret without any opportunity for myself or any other person to have an opportunity to examine it in advance of the hearing. Furthermore I understand that it would not be possible to carry out any cross-examination in respect of that evidence and that I would have no opportunity to have the evidence scrutinised by my own expert or an independent expert, despite the fact that the defendant's evidence is likely to be of a technical nature.

I wish to object to the defendant’s request. It cannot be in the interests of the Overriding Objective to allow secret evidence to be taken during a small claim. Furthermore the question we are deciding is the lawfulness of the defendant's penalty charge system. The defendant claims that their evidence is" commercially sensitive". However the question of the defendant's penalty charge regime does not refer to their core business. Whilst it could well be the case that information relating to the defendants core business could indeed be commercially sensitive, the question of penalty charges relates to an incidental aspect of the defendant's business -- and which if the defendant is to be believed, produces no profit at all as according to the defendant, their penalty charges merely cover their administrative costs. It is also true to say that the defendant has in the past claimed that their costs are merely in line with those of other similar organisations. Clearly then, the defendant's penalty charge regime is not a competitive matter, according to the defendant it brings them no profit and therefore there can be no grounds for saying that the information is commercially sensitive.

If the defendant is insistent that his evidence is commercially sensitive then I would respectfully suggest that maybe this entire matter is better suited for a higher court such as the mercantile court in London or Bristol.

No reply.

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then I sent to following to Salford to ask why I needed an English address. They were an English Company and why would they accept an N1 from a Scottish address if they say I don't have the correct jurisdiction.

 

 

Dear Sir/Madam

 

I respectfully request the court to consider the following 2 points in regards to this case.

 

1 - On the 21/12/2006 I sent a letter (attached) to Morpeth & Berwick County Court objecting to the “Notice of Transfer of Proceedings”. I received no reply to this request.

 

A. The defendant’s application was made without notice to myself and I have not been given the opportunity to make representations.

 

B. I am an individual of limited means. I am a litigant in person and I am suing the defendant on my own account.

 

C. The defendant is a multi national company with access to huge financial resources whilst my finances are strictly limited.

 

For these reasons I respectfully request that the case be returned to the court of my original choosing.

 

2 – It is my understanding that the rules on where I can raise proceedings (jurisdiction) - are set out in the Civil Jurisdiction and Judgments Act 1982, as amended by the Civil Juridiction and Judgments Order 2001. Schedule 4 of the 1982 Act (as amended) regulates the court's jurisdiction over consumer contracts. This includes a consumer's bank or building society account.

Importantly, para 8 of schedule 4 provides that a customer is entitled to sue their bank where they live (where they are 'domiciled') or where the bank is domiciled.

A company 's domicile is usually established from where it has its 'seat', that is usually its 'registered office' or the place where its central management and control is exercised: section 42, 1982 Act. Citicards registered address is in England

 

 

Should the defendant be trying to claim that a clause in the terms and conditions of the agreements state that, as I have a Scottish address, then the agreement is governed by Scottish law, then I believe that does not confer exclusive jurisdiction.

Paragraph 9 of Schedule 4 allows parties to agree that one part of the UK has 'exclusive jurisdiction'. That is known as 'prorogation' of jurisdiction. In other words, that proceedings must be raised either in England, Scotland or Northern Ireland.

In general, paragraph 9 can only apply if both you and your bank were domiciled in the same part of the UK when the account was opened (i.e. either both in England/Wales, or both in Scotland, or both in NI) and the contract contains a clause conferring exclusive jurisdiction to one part of the UK.

Firstly, such clauses do not deal with exclusive jurisdiction - they simply deal with the application of common law rules. The courts have held that such clauses do not go far enough to confer exclusive jurisdiction.

For example, in the case of McGowan v. Summit at Lloyds 2002 SC 638, 2002 SLT 1258, an insurance policy contained a clause which said: 'this Document shall be governed by the laws of England, whose courts shall have jurisdiction in any dispute arising hereunder'. An action was raised in Scotland and Lloyds defence was the case was incompetent as the Scottish courts had no jurisdiction in light of the clause. However, the Inner House of the Court of Session (Scotland's highest court) held (applying the English case of S&W Berisford plc v. New Hampshire Insurance Co Ltd [1990] 2 QB 631) that the clause did not create exclusive jurisdiction in England, and only created concurrent jurisdiction i.e. proceedings could be raised in either Scotland or England in terms of the clause and the 1982 Act.

In the English High Court case of S&W Berisford plc (cited above) a clause in an insurance policy stated that 'This insurance is subject to English jurisdiction'. Justice Hobhouse (as he then was) held that those words 'were inept' to create an exclusive jurisdiction clause.

I also believe that any such clause in an agreement is an unfair term of contract in terms of UTCC Regulations 1999. Paragraph 1(q) of Schedule 2 to the 1999 Regulations provides as follows:

SCHEDULE 2

INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR

1(q) excluding or hindering the consumer's right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, unduly restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with another party to the contract.

CIVIL JURISDICTION AND JUDGMENTS ACT 1982 AS AMENDED

SCHEDULE 4 AS AMENDED BY CIVIL JURISDICTION AND JUDGMENTS ORDER 2001

Jurisdiction over consumer contracts

 

7. - (1) In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this rule and rules 8 and 9, without prejudice to rule 3(e) and (h)(ii), if -

 

(a) it is a contract for the sale of goods on instalment credit terms; or

 

(b) it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

 

© in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the part of the United Kingdom in which the consumer is domiciled or, by any means, directs such activities to that part or to other parts of the United Kingdom including that part, and the contract falls within the scope of such activities.

 

(2) This rule shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation, or to a contract of insurance.

 

8. - (1) A consumer may bring proceedings against the other party to a contract either in the courts of the part of the United Kingdom in which that party is domiciled or in the courts of the part of the United Kingdom in which the consumer is domiciled.

 

(2) Proceedings may be brought against a consumer by the other party to the contract only in the courts of the part of the United Kingdom in which the consumer is domiciled.

 

(3) The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule and rules 7 and 9, the original claim is pending.

 

9. The provisions of rules 7 and 8 may be departed from only by an agreement -

 

(a) which is entered into after the dispute has arisen; or

 

(b) which allows the consumer to bring proceedings in courts other than those indicated in those rules; or

 

© which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same part of the United Kingdom, and which confers jurisdiction on the courts of that part, provided that such an agreement is not contrary to the law of that part.

For the above reasons I would request that the order for a stay due to my living in Scotland be removed and the stay removed allowing the case to proceed.

 

If someone in Scotland is not able to claim against an English registered company in an English court then I believe the case should never have been accepted in the first place and returned to me unserved.

 

 

Yours faithfully

Just called them and they read out a letter about to be typed up.

Just still says claimant need an English address for serving of papers.

What now?

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Hi,

 

 

Can't you get them sent to a Post Office in for example Berwick? You could then arrange to collect, or maybe they could even forward them to your home address.

 

It's just a thought. Anyone else got any ideas?

 

Good Luck, Jeff.

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cheers Gizmo, I have pm'd zoot and bankfoder to ask if they have anything.

 

I find it very odd that I can raise a claim and pay for it, whilst quoting a Scotland address but some judge suddenly decides I can't do that.

 

I have many other claims in English courts with no issues.

 

I couls always scrap this claim and just add in the charges (estimates) for my 6 years and above charges.

 

I do plan do this in a short time anyway.

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I wouldn't advise estimating a claim with Citi, they pick holes and challenge every little thing.

 

As far as I can see you have done everything that needs to be done correctly and used all the correct arguments, have you had a copy of Citi's AQ? It is the only thing that I can think of that may have had some bearing on this decision.

 

This scenario did happen to someone else in a Citi claim - and it was eventaully moved back to his loca lcourt - I'll see if I can find the details for you.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Thanks again Gizmo.

 

I agree with the estimate giving them more to pick at but I am no shrinking violet, I do not plan on couring away just because they put p a stronger fight. What do I have to loose, some Nationwide/MBNA/GE/HBOS/Burmingham Midshires interest refund, but that is only used in the prelim I would have to use the estimates to push them to give the full SAR info as requested but not previously supplied.

 

If they then say we don't have more than 6 years so sod off, they will not be able to challenge the amount I estimate but I can explain to the court that my finances were a mess for the full time I had a Citi card (historic credit files etc) giving the monthly status etc and other credit cards and Citi loans at high interest rates at the same time. So either they give me the data or they hve to somehow challenge my estimates.

 

If I cancel this claim (Cost of case so far = £120) but I was only claiming 20.05 % interest.

 

If I change the claim to the full term and the estimated fees plus go for 29% it adds over £2000 to the claim. So it is something I plan doing anyway so would maybe get me out of this minor dilema easily and give them more of a run for their money ...sorry my money.

 

I could then possibly change the tack with the local court and try to preemt thing better.

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Do you think an English solicitor would let me use their address for service of documents for a fee?

 

PObox, You can only rent a PO Box at the Royal Mail delivery office that delivers mail to the address stated on the application form. No use to me.

 

but I have found this

 

My UK Mail - Your Own UK Mailing Address, Better than a PO Box! Receive all types of mail at your own UK street address. mail forwarding service, uk mail forwarding service, Your mail is forwarded on to you, international mail forwarding, internation

 

you pay them £50 for 1 year and letters are forwarded for £2...... guess what I am going to be looking into..:-D letter will be free because you can just write a new address on the letter and the PO will deliver it for free. Cool8). I shouldn't get too many letter so still cheap. Only need it for 1 claim at the moment so even a 1 letter a month its only £24 or they can scan it at 50p per sheet.

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This is more expensive PO Boxes but you can get all mail redirected from PO box to your home ddress.

 

Is there any one you know who may let you use their address in England?

 

Butthe problem I see with the 2 above scenarios is you may still have to attend court with Citi - highly likely - and you would still ahve to travel to Salford - be better using a PO Box in carlisle or somewhere if possible.

Consumer Health Forums - where you can discuss any health or relationship matters.

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I think solicitors in general accept documents on behalf of their clients. I don't think you could get this claim transferred back to Scotland- it looks to me like youve gone quite far in the English system for that.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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called the court today (Salford) and got a very helpful chap. Judge has said although the case can be heard in an English court I must have an English service address for it and that is FINAL!!! but the clerk advised getting a C/O usually works or even an English solicitor may helpout.

 

but I was calling to ask them why my request to have it back in Morpeth had gone unanswered and he said that because it was stayed due to me being Scottish nothing else would progress.

 

I also asked for a copy of the defendants AQ and suprisingly, it doesn't exist, never received one?

 

So I think I will get 1 of these forwarding addresses and see what happens. £57 + 50p per page to have it scanned then on request they will package up all letters and send them on request.

 

I guess other with this same problem can also avail themselves of this service. PM me to discuss.

 

Along with the letter telling the court that I have an English Service address can they now move it back to Morpeth and also order Citi to produce their AQ.

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I have now signed up for a postal address in England and should anyone else like details of it and benefit from the usage of it I am sure we can agree on splitting the costs.

 

PM me for more info.

 

Hopefully this will satisfy the Judge and my case can now continue.

 

I have sent Mr Judge the address and a request to have the case returned to My court and "by the way Mr Judge can you order Citi to send in an AQ?".

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