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    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
    • So a quick update got bounced around two different departments and managed to speak to a DVLA bod , explained the situation and they could see the overlap and that DD payments had been made from Feb , also no formal remiders prior , they gave me a number for the legal dept who I am calling this morning to see what they can do in terms of the SJP notice , still have time to submit this online.  Will update after my chat this morning 
    • filed the defence at same time as suggested @dx100uk
    • Also, I am trying to understand how invoicing a large sum in a 6m period becomes tax fraud?   Is it because if he had invoiced over the £85k threshold he should have been obligated to charge vat?  Which would have meant hmrc would have benefited from the vat amount? So by not charging it Hmrc have lost out on £s revenue?  Is that what makes it tax fraud? So as a self-employed contractor, let's say he invoiced one Co for 200k.  Should he have charged vat on the full 200k (£40k)? Or just on the sum above the threshold (£23k)?  And that by not charging vat, he has knowingly withheld tax £s from Hmrc? And is the payer complicit ?
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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.

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      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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ge money help!


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so i could offer less than the £266 to the judge?

 

Its important you offer what you can afford.

You can always pay more after the order, but it will be another nightmare if you cant afford to pay the amount you have agreed to.

 

Do not be intimidated by their solicitor, or the thought of going to court.

Be realistic with your offer.

 

I guarantee you will "float" out of the court afterwards.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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so i could offer less than the £266 to the judge?

 

Its important you offer what you can afford.

You can always pay more after the order, but it will be another nightmare if you cant afford to pay the amount you have agreed to.

 

Do not be intimidated by their solicitor, or the thought of going to court.

Be realistic with your offer.

 

I guarantee you will "float" out of the court afterwards.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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cheers for that, i hate filling out income and expenditure forms, because you dont always spend exactly the same amount every month, when they ask about food some weeks i spend £60 others i spend £40 and sometimes even £80, then they ask about clothing, i dont buy clothing every month, electric is more at this time of year than in the summer and gas, then you have other things like MOT'S and road tax i dont pay them every month either. the thing that annoys me most is a few months ago they sent a morgage councillor out to us he was very pleasent and came to the conclusion that we could really only pay about £520 a month (our morgage is £483) but ge money wouldnt accept this, yet they charged us £80+ for sending him. Can the judge stop the charges they are adding to our account every month for being in arrears? they add £40 on every month, if we got back all those £40's we would owe a lot less:-D

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cheers for that, i hate filling out income and expenditure forms, because you dont always spend exactly the same amount every month, when they ask about food some weeks i spend £60 others i spend £40 and sometimes even £80, then they ask about clothing, i dont buy clothing every month, electric is more at this time of year than in the summer and gas, then you have other things like MOT'S and road tax i dont pay them every month either. the thing that annoys me most is a few months ago they sent a morgage councillor out to us he was very pleasent and came to the conclusion that we could really only pay about £520 a month (our morgage is £483) but ge money wouldnt accept this, yet they charged us £80+ for sending him. Can the judge stop the charges they are adding to our account every month for being in arrears? they add £40 on every month, if we got back all those £40's we would owe a lot less:-D

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the thing that annoys me most is a few months ago they sent a morgage councillor out to us he was very pleasent and came to the conclusion that we could really only pay about £520 a month (our morgage is £483) but ge money wouldnt accept this, yet they charged us £80+ for sending him.

 

This is music to my ears.

PLEASE tell me you have this in writing.

 

Can the judge stop the charges they are adding to our account every month for being in arrears? they add £40 on every month, if we got back all those £40's we would owe a lot less:-D

 

Yes they can.

The charges dont affect the arrears as they go on to the term of the mortgage.

I.E. at the end.

I understand your frustration over this, and we can help you to reclaim those charges.

IMO its best we deal with court first, as it will take months to get the charges back.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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the thing that annoys me most is a few months ago they sent a morgage councillor out to us he was very pleasent and came to the conclusion that we could really only pay about £520 a month (our morgage is £483) but ge money wouldnt accept this, yet they charged us £80+ for sending him.

 

This is music to my ears.

PLEASE tell me you have this in writing.

 

Can the judge stop the charges they are adding to our account every month for being in arrears? they add £40 on every month, if we got back all those £40's we would owe a lot less:-D

 

Yes they can.

The charges dont affect the arrears as they go on to the term of the mortgage.

I.E. at the end.

I understand your frustration over this, and we can help you to reclaim those charges.

IMO its best we deal with court first, as it will take months to get the charges back.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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GE's 'mortgage counsellor' who cost us £70 told us to stop paying all our unsecured debts - pity of that was that quite a lot of them were GE cards anyway:D. One court case withdrawn - another two on the way hopefully! Their debt counselling service is like having a visit from the bailiffs - terrify you with tales of repossessions and how many rights GE have.

 

The £70 is included in the £2k I am currently reclaiming from GE - the rest is their £40 a month charges which they insist are fair.

 

We paid GE off last month as our original mortgage lender agreed to take them out. They tried the repossession trick on us two years ago. They refused to help in any way re extending the loan term, freezing interest etc. Nasty people. But I would wait until you have sorted the repossession out before you take them on.

 

You will be OK in court. Work out what you can really afford and stick to it. Do not let their legal rep (who will be a kid straight out of law school) intimidate you into paying any more. In real terms the courts can allow arrears to be spread over the rest of the loan term so anything better than that will be acceptable. The fact that you have tried to make arrangements will go in your favour too.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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GE's 'mortgage counsellor' who cost us £70 told us to stop paying all our unsecured debts - pity of that was that quite a lot of them were GE cards anyway:D. One court case withdrawn - another two on the way hopefully! Their debt counselling service is like having a visit from the bailiffs - terrify you with tales of repossessions and how many rights GE have.

 

The £70 is included in the £2k I am currently reclaiming from GE - the rest is their £40 a month charges which they insist are fair.

 

We paid GE off last month as our original mortgage lender agreed to take them out. They tried the repossession trick on us two years ago. They refused to help in any way re extending the loan term, freezing interest etc. Nasty people. But I would wait until you have sorted the repossession out before you take them on.

 

You will be OK in court. Work out what you can really afford and stick to it. Do not let their legal rep (who will be a kid straight out of law school) intimidate you into paying any more. In real terms the courts can allow arrears to be spread over the rest of the loan term so anything better than that will be acceptable. The fact that you have tried to make arrangements will go in your favour too.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Share on other sites

This is music to my ears.

PLEASE tell me you have this in writing.

 

 

 

Yes they can.

The charges dont affect the arrears as they go on to the term of the mortgage.

I.E. at the end.

I understand your frustration over this, and we can help you to reclaim those charges.

IMO its best we deal with court first, as it will take months to get the charges back.

 

 

unfortunatley we dont have it in writing:( although there may be a letter somewhere that states that they were not going to accept that, if i can find it would it be worth while mentioning to it CAB when i go? and also point out the GE sent the councillor and wouldnt accept his findings?

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This is music to my ears.

PLEASE tell me you have this in writing.

 

 

 

Yes they can.

The charges dont affect the arrears as they go on to the term of the mortgage.

I.E. at the end.

I understand your frustration over this, and we can help you to reclaim those charges.

IMO its best we deal with court first, as it will take months to get the charges back.

 

 

unfortunatley we dont have it in writing:( although there may be a letter somewhere that states that they were not going to accept that, if i can find it would it be worth while mentioning to it CAB when i go? and also point out the GE sent the councillor and wouldnt accept his findings?

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GE will more than likely send you a letter on Wednesday asking you not to appear in court, don't take their word for it. Turn up and you may be surprised that their side won't appear... it has been known.

 

Don't panic - the court may also have a specialist advisor (free) who can help you, I know Croydon Court has this.

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GE will more than likely send you a letter on Wednesday asking you not to appear in court, don't take their word for it. Turn up and you may be surprised that their side won't appear... it has been known.

 

Don't panic - the court may also have a specialist advisor (free) who can help you, I know Croydon Court has this.

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id like to approach GE before the court date to see if i can get the amount i offered reduced , but i am hopeless at writing letters anyone any suggestions? all help grately appreciated:D

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id like to approach GE before the court date to see if i can get the amount i offered reduced , but i am hopeless at writing letters anyone any suggestions? all help grately appreciated:D

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Hi, when I went to court for my friend's repossession hearing she had offered the lender (Firstplus) more than she could afford. This was due to an error on her income and expenditure calculation. The judge accepted our amended figures and set the repayment at the amount she could afford.

 

I think if you explain the situation, particularly with the other secured lender, and the fact that you were so scared you offered far more than you could really afford then the court should help you. There is no point in them making an order which you won't be able to stick to from the outset.

 

If you did want to write to GE beforehand I guess it would look better at court. I would just say 'further to our recent (discussion/correspondence) I have reconsidered my position with regard to clearing the arrears on my loan with yourselves. I had hoped that by paying a high amount I could prevent repossession proceedings, however this is clearly not the case, and I had not taken into account payments which need to be made to my other secured creditor(s). I have enclosed an income and expenditure calculation which shows that I can afford to pay £xx per month towards the arrears. I have copied this letter to the court and trust that you will give due consideration to my revised offer, which will mean that the arrears are repaid in full by xxxx.;

 

Don't know if that helps - I have great contempt for GE so it is probably a bit abrupt.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Share on other sites

Hi, when I went to court for my friend's repossession hearing she had offered the lender (Firstplus) more than she could afford. This was due to an error on her income and expenditure calculation. The judge accepted our amended figures and set the repayment at the amount she could afford.

 

I think if you explain the situation, particularly with the other secured lender, and the fact that you were so scared you offered far more than you could really afford then the court should help you. There is no point in them making an order which you won't be able to stick to from the outset.

 

If you did want to write to GE beforehand I guess it would look better at court. I would just say 'further to our recent (discussion/correspondence) I have reconsidered my position with regard to clearing the arrears on my loan with yourselves. I had hoped that by paying a high amount I could prevent repossession proceedings, however this is clearly not the case, and I had not taken into account payments which need to be made to my other secured creditor(s). I have enclosed an income and expenditure calculation which shows that I can afford to pay £xx per month towards the arrears. I have copied this letter to the court and trust that you will give due consideration to my revised offer, which will mean that the arrears are repaid in full by xxxx.;

 

Don't know if that helps - I have great contempt for GE so it is probably a bit abrupt.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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hi cheers , the only thing that worries me about writing to them is that when i made the offer , they said it would still go to court but they would instruct their solicitors to go for a suspended possession, and i have been told that since aswell, im worried that if i offer less they will go for straight possession

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hi cheers , the only thing that worries me about writing to them is that when i made the offer , they said it would still go to court but they would instruct their solicitors to go for a suspended possession, and i have been told that since aswell, im worried that if i offer less they will go for straight possession

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Extremely unlikely IMO. The court will only go for full possession if there is no hope - ie if you are unlikely to ever work again, that sort of thing. From my understanding of how it works they can allow arrears to be spread over the entire remaining term of the loan if they really have to.

 

I think you will get a suspended possession from what you have said. And it is pointless promising the court that you will pay an amount which you will struggle to find whilst you could get exactly the same result and be paying what you can afford.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Extremely unlikely IMO. The court will only go for full possession if there is no hope - ie if you are unlikely to ever work again, that sort of thing. From my understanding of how it works they can allow arrears to be spread over the entire remaining term of the loan if they really have to.

 

I think you will get a suspended possession from what you have said. And it is pointless promising the court that you will pay an amount which you will struggle to find whilst you could get exactly the same result and be paying what you can afford.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

They ARE going for straight repossession anyway.

Thats the brutal truth, but the way it works.

Its the judge who decides to suspend it, not them.

Concentrate your efforts on what you need to do in court.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Share on other sites

They ARE going for straight repossession anyway.

Thats the brutal truth, but the way it works.

Its the judge who decides to suspend it, not them.

Concentrate your efforts on what you need to do in court.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Hi, if it does go to court you will be able to demonstrate by way of your income and expenditure sheet what you can reasonably afford to pay, and also show the written evidence that GE refused your offer to pay off the arrears. The judge will take all that into consideration and it will be his decision whether to grant suspended possession with a payment arrangement no matter what GE want.

 

It is extremely unlikely that any judge would grant possession when you have a job and the ability to pay.

 

Please try not to worry too much, if they do serve court papers, we will help you submit your defence, and I am confident you will not lose your home.

 

Stay positive.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi, if it does go to court you will be able to demonstrate by way of your income and expenditure sheet what you can reasonably afford to pay, and also show the written evidence that GE refused your offer to pay off the arrears. The judge will take all that into consideration and it will be his decision whether to grant suspended possession with a payment arrangement no matter what GE want.

 

It is extremely unlikely that any judge would grant possession when you have a job and the ability to pay.

 

Please try not to worry too much, if they do serve court papers, we will help you submit your defence, and I am confident you will not lose your home.

 

Stay positive.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Did you hear the chief executive of GE on Radio 4 this morning didnt hear it all but it might be worth listening to again there might be something you can quote it was about half past 6

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