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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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Letters after CCA request - what do the mean? Please help


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Hi

Advice needed urgently if at all poss.

 

Roxburge have now passed the debt onto a solictitors who are more or less saying if payment is not made within 7 days they will have no alternative but to revert back to their client for their instructions to commence legal action for recovery in the Small Claims Court. It then makes the usual threats of CCJs, bailiffs, attachment of earnings order etc etc

 

I cannot make this payment and am at a loss what to do next. Roxburge have not supplied me with a readable copy of the alleged CCA and have ignored my last letters now it has been passed on to Graham White Solicitors (which is a trading name of Mchael Sobell, Solictor, Regulated by the Law Society, Registered Number 18321)

 

Should I just give up now and offer a token payment.

 

Any advice very much appreciated

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Suggested bog off letter :

 

COMPLAINT

 

Dear Sir/Madam,

 

Ref : xxxxx

 

 

I do not acknowledge any debt to your company.

 

To date, your company remains in breach of a legal request for a true, legible copy of my Consumer Credit Agreement (Consumer Credit Act 1974); received by yourselves on xx/xx/2007. In fact, the only correspondence that I have received in response to this request has been an illegible copy document, despite my additonal request for you to kindly respond by sending a document I can actually read, as per OFT guidelines.

 

Unfortunately, an illegible copy of the supposed document does not comply with my request. Not does it answer any of the concerns raised in any previous correspondence.

 

Furthermore, under the Data Protection Act, 1998), you are still unable to confirm that you are in possession of my signed authority to pass/share my personal details to a third party, including the firm of solicitors you have now instructed to correspond with threats of extracting payment through the courts.

 

As this account remains in dispute, no further payments will be forthcoming unless/until my request is actioned and any action that you do take will be vigorously defended.

 

I would therefore be grateful if you could supply me with details of your Complaints Procedure, together with your Consumer Credit Licence number. If you do not hold a Consumer Credit Licence, then I require your confirmation by return.

 

Yours faithfully,

 

:p

 

Post a copy (rec. delivery) to the solicitors as well....

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They are fishing, unless you have moved house recently (within the last year), I'd ignore this letter.

They know who you are and where you live so why do you need to give them more information.

Be VERY careful whose advice you listen too

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the DCA that wanted my address was a different one - which was why I wondered how to respond. This one is Activ Kapital or something. I CCA'd them and the this was the letter I got - please confirm your addresses since 10/2001. they state they have a copy of the CCA and I cant understand why they need my addresses. I am pretty sure that this one what I signed was an application form.

 

 

Absolutely, Curlyben !.... ;).... the above is a different one though....

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Do not give them any additonal information at all !

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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  • 2 weeks later...

Hi all

Hope I make sense here - I have CCA'd Droyds for 3 different account, they have failed to provide a true CCA, only sending a sample CA. The 12+2+30 days passed and I heard nothing more and thought that was the end of it. Now I have had letters from 3 different DCA's relating to the same account - am i right in thinking I should now send the non-compliance letter, adding the Data Protection thing - ie: they cannot pass my details on to another DCA etc etc and copy the letter to Droyds and the new DCAS. What should happen then as it feels like they will just pass my details onto DCA's until they get their money.

 

Any help much appreciated, thank you

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Hi all

Hope I make sense here - I have CCA'd Droyds for 3 different account, they have failed to provide a true CCA, only sending a sample CA. The 12+2+30 days passed and I heard nothing more and thought that was the end of it. Now I have had letters from 3 different DCA's relating to the same account - am i right in thinking I should now send the non-compliance letter, adding the Data Protection thing - ie: they cannot pass my details on to another DCA etc etc and copy the letter to Droyds and the new DCAS. What should happen then as it feels like they will just pass my details onto DCA's until they get their money.

 

Any help much appreciated, thank you

 

Sounds about right.... :) . Non-compliance of a CCA request means that an account remains in dispute.... and any "new" DCA needs to be made aware of that.

 

Add the words "I do not acknowledge any debt to your company" in all correspondence...

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Guys

 

Sorry to intrude but if any of you could spare five minutes to take a look at my thread...

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/79616-fred_funk-hillesden-sec-ltd-2.html

 

... which, rest assured, is not completely irrelevant to this one then it would be very much appreciated.

 

Thanks in anticipation

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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Hi

Can anybody help please because I am at the end of my tether with Roxburge - they had passed the account onto a solicitors (graham White) as mentioned above - I then sent the letter Default letter (from Josie) to Roxburge and the "Bog Off" letter (from PO) to the solicitors.

 

I have now received another letter from the solicitors, more or less saying I have been sent two copies of the agreement - (both of which were unreadable (as stated above) by the way) and their client (roxburge) has suggested I attend a local branch (Next) to discuss any further aspect of your agreement and account. It then goes on to state that unless payment is received withing 7 days they will have no alternative but to revert back to their client for their instuctions to commence legal action for recovery in the Small Claims Court and then the usual threats re: baliffs, CCJ's, Attachement of Earnings etc. It also has a nasty message at the bottom stating "ACT NOW BEFORE ITS TOO LATE"

 

I am at a loss as what to do next so any help would be appreciated, thank you

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It must be the day for it:-

 

Droyds have replied regarding one of the accounts they are dealing with, it reads as follows:-

 

Thank you for your letter dated 09/07/2007.

 

In view of what you advise we agree that the debt in unenforceable and further action has been withdrawn. however there is a debt still outstanding and the registration of the debt at the Credit Reference Agency will remain.

 

Yours faithfully

 

Now obviously this a good result but surely if they are admitting that the debt is unenforceable then they cannot leave the debt still showing as owed at the CRA's - not sure about this, any advice please much appreciated, thank you

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Hi

Can anybody help please because I am at the end of my tether with Roxburge - they had passed the account onto a solicitors (graham White) as mentioned above - I then sent the letter Default letter (from Josie) to Roxburge and the "Bog Off" letter (from PO) to the solicitors.

 

I have now received another letter from the solicitors, more or less saying I have been sent two copies of the agreement - (both of which were unreadable (as stated above) by the way) and their client (roxburge) has suggested I attend a local branch (Next) to discuss any further aspect of your agreement and account.

 

They are trying very hard to speak to you face to face here... :-D

Dear xxx

Account Ref xxxx

 

I do not acknowledge any debt to your company or to any company who you may claim ro represent.

 

Further to your letter of xx/xx/2007, as I have yet to receive a legible copy of any Agreement in relation to my formal request under the Consumer Credit Act, 1974, your client remains in default of a legal request for information. Therefore, until such times as your client is able to produce a copy of a legible Agreement, no payments will be forthcoming.

 

I would also suggest that if your client wishes to comunicate anything with me whatsoever, that they would kindly put it in writing.

 

Yours faithfully/sincerely,

 

:p

 

 

It then goes on to state that unless payment is received withing 7 days they will have no alternative but to revert back to their client for their instuctions to commence legal action for recovery in the Small Claims Court and then the usual threats re: baliffs, CCJ's, Attachement of Earnings etc. It also has a nasty message at the bottom stating "ACT NOW BEFORE ITS TOO LATE"

 

Standard bowlarks...

 

I am at a loss as what to do next so any help would be appreciated, thank you

 

:)

  • Haha 1
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It must be the day for it:-

 

Droyds have replied regarding one of the accounts they are dealing with, it reads as follows:-

 

Thank you for your letter dated 09/07/2007.

 

In view of what you advise we agree that the debt in unenforceable and further action has been withdrawn. :-D however there is a debt still outstanding and the registration of the debt at the Credit Reference Agency will remain.

 

Yours faithfully

 

Now obviously this a good result but surely if they are admitting that the debt is unenforceable then they cannot leave the debt still showing as owed at the CRA's - not sure about this, any advice please much appreciated, thank you

 

If they can't back up the "debt" with a signed CCA, then they have no right to default you. You need to write back and say something like :

 

Thank you for your letter of xx/xx/2007.

 

I would like to point out however, that in the absence of a properly executed Consumer Credit Agreement (Consumer Credit Act, 1974), you have no legal authority to enter defaults with Credit Reference Agencies.

 

I therefore request than any defaults registered against my name be removed within the next 14 days, followed by your written confirmation that this has been actioned.

 

Yours faithfully/sincerely,

 

:p

 

 

All letters by rec. delivery, by the way. ;)

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  • 4 weeks later...

I've had a reply from Droyds after they admitted the debt was not enforceable but wouldn't remove the default - I sent the letter by POne as above and have recevied this reply (sorry its so long winded)

 

You state that as we have not served a Default Notice under the cca1974 we are not entitled to register the fact of your default with a CRA under the same act. Presumably you believe that registration of such information is "enforcement action" under ther terms of the act which would require, in usual circumstances, the service of a default notice.

 

You have been incorrectly advised.

 

Under the terms and conditions of trading with us we make it clear with a rubric agreed with the Data Protection Registar that we will pass information onto to a CRA. part of the rubric is:

 

Data Protection Act 1984

 

Empire is registered under the above act in respect of personal data which we hold. As our contribution to responsibibily in lending we might consult or register information about you and the conduct of your account with a Licensed CRA and directly with other Mail Order Companies. this information is used only to make crdit granting or further promotional marketing decisions or occasionally for fraud prevention or tracing account holders. CRS will be law, record any dearch made by us.

 

Further more the OFT regard the registration of such information as supporting the aims of "responsibility in lending" and the prevention of over indebtedness.

 

Finally the law concerning Default Notices is highly technical and in cases where credit agreements have expired and an outstanding balance remains, it is not a requirement to serve a Default Notice. As you may know, most o our credit business is on 20 weeks terms and by the time enforcement action is taken by us, teh period of 20 weeks has often long since expired. We also do not believe that registration of default information is "enforecement action" under the terms of the act.

 

In the circumstances we are unable to agree to your request to remove the information we have registered with the CRA.

 

Any ideas anyone please?

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I've had a reply from Droyds after they admitted the debt was not enforceable but wouldn't remove the default - I sent the letter by POne as above and have recevied this reply (sorry its so long winded)

 

You state that as we have not served a Default Notice under the cca1974 we are not entitled to register the fact of your default with a CRA under the same act. No, what you are saying is that because they have no CCA, then they do not have the right to default you. Presumably you believe that registration of such information is "enforcement action" No, this is what they seem to believe under ther terms of the act which would require, in usual circumstances, the service of a default notice. They should have served you with a Default Notice.... but as there is no CCA, what Agreement have you defaulted on ?

 

You have been incorrectly advised. They are trying very hard to defend their actions.

 

Under the terms and conditions What terms & conditions ? They haven't been able to supply you with a copy of any that you've signed. of trading with us we make it clear with a rubric agreed with the Data Protection Registar that we will pass information onto to a CRA. part of the rubric is:

I have no idea what a rubric Agreement is... but they are trying to justify themselves anyway.

 

Data Protection Act 1984

 

Empire is registered under the above act in respect of personal data which we hold. As our contribution to responsibibily in lending we might consult or register information about you and the conduct of your account with a Licensed CRA and directly with other Mail Order Companies. They need your permission to do this though. Without a CCA, they can't prove that they've got that. this information is used only to make crdit granting or further promotional marketing decisions or occasionally for fraud prevention or tracing account holders. CRS will be law, record any dearch made by us.

 

Further more the OFT regard the registration of such information as supporting the aims of "responsibility in lending" and the prevention of over indebtedness. They are trying to say that the OFT would support them in doing this.

 

Finally the law concerning Default Notices is highly technical and in cases where credit agreements have expired and an outstanding balance remains, it is not a requirement to serve a Default Notice. Well, what about when you don't have a credit agreement AT ALL.As you may know, most o our credit business is on 20 weeks terms and by the time enforcement action is taken by us, teh period of 20 weeks has often long since expired. We also do not believe that registration of default information is "enforecement action" under the terms of the act. You never said that it was.

 

In the circumstances we are unable to agree to your request to remove the information we have registered with the CRA. Stupid people.

 

Any ideas anyone please?

 

There are several people on here who are dealing with removal of defaults. Kennyparkroad is one such person....

 

Anyone else out there ? :)

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I have no idea what a rubric Agreement is...

One meaning of rubric is what you have just done in your last post although it's usually in red

It can also mean a short commentary or explanation covering a broad subject or an authoritative rule or direction. I assume this is the context in which they are using the term rubrik.

 

With regards to defaults debtmountain is always worth getting in touch with.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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That's the one :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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