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    • yes  look for repetitive fixed sum penalty fees  like letter/missed payment/failedDD/phonecall/arrears   they are all unlawful and reclaimable, or be used to reduce your F&F offer.  
    • No worries.   ok. I’ve tried to send messages it says I can send 0 per day? Can you PM me so I can reply to you?    thanks for the answer on the joint question 
    • you need to converse with us Drays...   i will guess you have NOT received a claimform pack from northants bulk but merely a letter of claim from BW legal.   you respond by following Post 4 here: do NOT use their reply pack. but you MUST reply. follow Exactly as post 4 i would suggest the reason as: the alleged debt concerns a dispute for failure to provide a reliable service ( put nothing else at this stage)       JCI buy these old telecom debts up because sadly so many people wet themselves thinking they are owed and JCI have magical powers...when they don't. the debt is subject to a valid dispute.   there are number threads here regarding them.. https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=JC Talk talk&oq=JC Talk talk&gs_l=partner-generic.3...801398.805115.0.805375.12.12.0.0.0.0.121.799.10j2.12.0.csems%2Cnrl%3D13...0.3728j1478984j13...1.34.partner-generic..12.0.0.zyRD3vNgDww
    • Dear PIXeL_92 It has been explained to you in previous correspondence that the roof tiles that are the subject of your complaint, at the time of inspection were heavily covered in moss. It is in your agreed terms that the surveyor will not carry out an asbestos survey and is not required to scrape away moss if the surface below is obscured. The surveyor will carry out only a visual inspection and comment on defects visible at the time of inspection. Roofs can fail at any time particularly in periods of inclement weather. As stated in your report, the surveyor confirmed that the roof was in a satisfactory condition at the time of inspection therefore would not require replacement in the immediate future. The subject building is a utility building and is not a habitable room of the main property. As previously explained, tiles on an outbuilding of this nature would not affect the property value. You state you would have factored in the cost of removal/replacement into the purchase offer however as advised at the time of inspection the tiles were in a satisfactory condition and you have not sought to replace the tiles in the three years following the date of inspection. This confirms the comments provided by the surveyor. You have previously stated that the roof became damaged due to high winds and the roofing specialist you instructed to replace the broken tiles made you aware of the possibility that the tiles may contain asbestos. However, you have not yet had the tiles tested to confirm the presence of asbestos. Our surveyor revisited your property and confirmed that you have had the damaged roof tiles replaced. A roof that contains asbestos will only become a health and safety risk if it is disturbed and it therefore seems odd that the roofing contractor was happy to replace the tiles if in fact asbestos was present. We understand that raising a complaint and progressing to legal action as you have suggested you wish to do can be a lengthy drawn-out and expensive process with no guarantee of success. If necessary, we will notify our legal team to address this matter on our behalf however, we are happy to attempt to settle this matter in advance to avoid prolonged communications and extending this matter for many more months. In an effort to conclude this matter to the satisfaction of all parties, we shall increase our goodwill offer to £500 in full and final settlement of this matter. This offer will be available until Thursday 27 August 2020. There will be no further offers made after this date. I look forward to your response. Yours sincerely, Walker Dunn MRICS   ******************************************************************************************************************************************************************   Dear Walker Dunn,   Apologies on the delayed reply unfortunately I had to attend to some personal matters that left me unable to reply to emails.   A few points I want to make regarding your previous letter.   You mention at the time of the inspection that the surface of the tiles was covered in moss and obscured the view of the tiles, we however have pictures from when we moved in showing this was not the case, whilst there is moss on the tiles it in no way obscured to the point that the material would have been assessed incorrectly and you can also see the curling of the edges to a large amount of the tiles and this is a characteristic of asbestos.   You state in the report that the roof was in satisfactory condition, however, if the roof was indeed slate that your report indicated this would have been correct however the curled edges of asbestos tiles indicate that they are fatigued and need replacing and that is not satisfactory condition, again the material was not identified correctly at the time of the report.   As for this point "You state you would have factored in the cost of removal/replacement into the purchase offer however as advised at the time of inspection the tiles were in a satisfactory condition and you have not sought to replace the tiles in the three years following the date of inspection. This confirms the comments provided by the surveyor."   We had put away money to have this done, at the time as it was deemed slate in your report we didn't prioritise this as a repair, as you know the roof of the main property was in an awful state and was leaking into the bedroom this took priority along with having all the plumbing in the bathroom replaced as we discovered it was stuffed with kitchen roll under the bath to hide a set of leaking pipes that eventually made its way into the kitchen. We then also had a passing in the family that took us away from the local area for around a month and then my partners dad became homeless due to a gas explosion that destroyed his property so we had to accommodate him for a year and half so most work we had planned got put on hold. This doesn't confirm your comments in your report, this just allows you to assume it did as it wasn't done straight away however this was not the case. We have all the paperwork and invoices to show the above work was done to the main property along with pictures along with all the details surrounding the gas explosion.   We don't agree that part of a building being a habitable room of the main property makes a difference in our case, of course any structure on a property would affect the properties overall value when offers are being made as you make your offer based on the overall property and if you wanted to use the outbuilding for a specific reason you would be more inclined to go for a property that dose have an outbuilding over one that doesn't or if you want another example one with a swimming pool selling for a higher amount as that is considered a premium.   You then say "You have previously stated that the roof became damaged due to high winds and the roofing specialist you instructed to replace the broken tiles made you aware of the possibility that the tiles may contain asbestos. However, you have not yet had the tiles tested to confirm the presence of asbestos."   We had the roofer come and take a look instructing him that we wanted two slate tiles replacing due to us believing at the time the roof was slate based on your report, he then mentioned from a simple visual inspection that they are in fact asbestos. He said he could replace them with two slate tiles but we would have dispose of the two slipped asbestos ones safely as he wasn't licensed to do so, they were removed in a safe manor to avoid cracking them due to how brittle they were.   We have at several times offered to have them tested for you if you would cover the costs of testing if they are in fact asbestos tiles but this simple question has still remained un answered, so for this reason we have now booked a test and this will be added to the costs we will be pursing if and when we are forced to go down the legal route along with all legal cost and the cost of disposal and replacement of the roof, as mentioned before I just wanted the disposal costs covered, but our solicitor has now advised us we should be entitled to have the full costs awarded so we are left in the same place financially along with the roof material matching the report.   Our next step would be to have the test results come back, and send those tests results if they come back as positive with the invoice and three quotes for removal of asbestos to yourselves to decide if you want to cover those costs or if you wish to continue with legal proceedings and as mentioned before if we have to issue legal proceedings we will be asking for all costs to be covered and a complaint to the RICS and Ombudsman will also be issued.   Unfortunately at this point we are rejecting your £500 settlement but if you decided you wanted to settle it without facing any potential legal action or complaint we would settle for the sum of £2000 and that will be the matter resolved, we believe this to be a fair amount as the testing has now cost us £150 and the mid range quote has come in at £1900.   Regards   Robert Atkins   ******************************************************************************************************************************************************************   Dear PIXeL_92 I refer to your email sent on 7th September. I am disappointed and dismayed that you have decided to not accept our very reasonable offer. We have now notified our legal team in preparation should you decide to proceed along the legal route. You have told us you are receiving legal advice, therefore I am sure that your solicitor will have explained to you that in matters of alleged negligence, if the court finds in your favour, they can only make an award on the basis of diminution of value and not the cost of repairs.   Therefore to quantify the diminution in value you would need to obtain a report from another surveying firm that identifies the value of your property three years ago with a slate roof to the outbuilding and the value of the property three years ago with an asbestos roof to the outbuilding. To do this effectively, the surveyor would have to identify comparable properties in the area with and without such roofs to be able to justify his findings. This would be no easy task.   To further complicate matters, the guidelines set out for the court are that they only award losses based upon diminution of value that exceed 5% of the property value, which is considered a reasonable margin of error for surveyor to work within. In this instance therefore, you would be required to identify a loss in excess of £6,000. This figure does not include your legal costs. Because this is a claim for alleged negligence and not for a debt, it is not a matter that can be dealt with by the Small Claims Court, it would have to be heard by a higher court. This would mean we would then be able to claim the costs of our barrister, solicitor and any experts for however many days the hearing lasts, plus you would have your own costs, if you were unable to prove your claim. Once you submit a claim, you are unable to then back out without incurring costs. I hope you find this advice helpful and I am sure that if you present this letter to your solicitor, he will be able to verify whether the above information is correct. We will await your response on how you intend to proceed. Yours sincerely, Colin Walker MRICS
    • Sorry for the text heavy post, we are getting nowhere with them, I need some help deciding our next steps, I have a couple more emails as PDFs that I need to attach below.   Dear PIXel_92, We confirmed in our previous email that our offer would be made available until Friday 14 August 2020. This offer was presented as a gesture of goodwill based on the information you have provided in support of your claim. Thus far, we have not had sight of a Specialist Report confirming the presence of Asbestos or quotations for the required works. Since you have not furnished us with any additional information we are unable to provide any further comments on the matter at this time. If you’re able to provide the requested information we will be happy to review the matter and discuss it further with you. Kind regards, Customer Relations ************************************************************************************************************************************************************************************************************** Dear Walker Dunn,   I have on two occasions offered to have it tested further than a visual inspection but if it comes back as asbestos you cover the costs, you asked me for the costs involved in getting it tested and you neither agreed to nor declined to cover that cost if it came back as asbestos, again I am happy to have it tested but if it comes back as asbestos to have those costs covered.   I have sent communication from a roofer on headed paper confirming they belive it to be asbestos but they aren't registered to remove it.   I am happy to get three formal quotes written on paper and provide them, I have spoken to a roofer that deals in asbestos that was here to do another job at the time and he said just going off rough size it would be approximately £2000 to remove the roof and dispose of the asbestos. I will get some quotes over the next week and get back to you with them.   Regards ************************************************************************************************************************************************************************************************************** Dear Walker Dunn,   Could I please get confirmation regarding if you are going to cover the cost of testing if it does come back as positive before I go ahead with it.   I now have 3 quotes for removal of the asbestos too.   My solicitors has also forwarded me this to read through, https://www.rics.org/uk/upholding-professional-standards/regulation/how-we-regulate/disciplinary-process/panel-hearings/disciplinary-panel-hearings/walker-dunn-limited-and-colin-walker/.   This will be our next step going to the RICS / property ombudsman as we seem to be getting nowhere and it has been going on for some time due to you not answering the above question.   If you don't answer it we can get it tested and look at legal action to recover the money at a later date if that's how you want to do it.   Regards **************************************************************************************************************************************************************************************************************  
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Are you being harassed on the telephone by your bank or by debt collectors?


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Should I look to get this into Court? I don't know whether harassment is a civil or a criminal action even?

 

Thanks!!

Under the Protection from Harassment Act 1997, harassment can be either civil or criminal.

 

You should keep a log of all calls they make - and if possible probably get a recording of one or two (that does mean answering them). If they deny that they made the calls then it may be possible to prove that they did from phone cos records.

 

A log of phone calls would probably be enough to win a civil case - on the grounds that it is unlikely that they would be prepared to commit contempt of court by denying they made them.

 

However first stop should be Trading Standards

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Is the Financial Ombudsman another option does anyone know?

Don't know but my first port of call would be the police rather than trading standards for harassment.

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

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

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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I think you will struggle to get the police involved with a case like this.

 

The main legislation that might apply is

(a) The Administration of Justice Act 1970 - which Trading Standards can enforce

(b) The Protection from Harassment Act 1997 - which allows for you to take civil action

© The Communications Act 2003 - that is usually "enforced" by OFCOM. It is worth raising a complaint with OFCOM but they will not intervene.

 

It is certainly worth raising this matter with the FOS as well - they may be able to look at it and it can do no harm to ask.

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Don't know but my first port of call would be the police rather than trading standards for harassment.
I think Rory the Polis would not become involved unless some of these numpties harrassed or threatened you at your doorstep or other public place. Then they would leave themselves wide open to a number of criminal offences, Breach of the Peace, Common Asssault and Disorderly Behaviour to name but three

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Just a quick update - I contacted Trading Standards this afternoon - they didn't want to know, suggested I try the Financial Ombudsman; then I rang Ofcom and spoke to a really helpful man there - he told me that it wasn't their thing, but he did take a note of my concerns, including name & address etc. and said that he would flag up HSBC's actions. He gave me a phone number for the Information & Commissioners Office and advised me to ask them about the "Right to Privacy" legislation, so I'll ring the FO and the ICO tomorrow and see what they have to say. Latest update on phone calls - none on home phone but 6 calls between 6.00 p.m. and 7.00 p.m. this evening on my mobile.

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Did you talk to Trading Standards or "Consumer Direct"?

 

I contacted Consumer Direct (Consumer Direct) about a similar issue, but less severe, they told the local TS office to investigate, which they are doing.

 

I would encourage everyone in similar circumstances to raise the issue with all the regulators (OFCOM, OFT, FSA) - while they don't have the powers to intervene in any individual case they will take action against an individual firm, or at the industry level, if they perceive it as being a problem.

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Hi - when I rang the number given on the TS website, I was automatically redirected to the Consumer Direct number, I didn't get a chance to talk to Trading Standards - and Consumer Direct told me that it wasn't a matter for TS anyway... but OFCOM were very helpful even though they can't do anything on an individual basis. I will try and get through to the FO today, as their website doesn't really lend itself to my sort of complaint, they seem more geared to bank charges, and this instance isn't really a bank charges one I don't think... so I'll phone them and see what they say.

 

Thank you for the advice, I don't know why I got such a different response from Consumer Direct. Guess it depends who you speak to!

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You should be able to find out the number for your local trading standards office - it is probably worth speaking to them because they do have the power of enforcement of the Administration of Justice Act 1970 - which is probably the most appropriate piece of legislation in this case.

 

Also a second call to Consumer Direct may bring better results if you say "I've followed the advice you gave last time and got no change"

 

FSO won't be able to help until you've been through the HSBC complaints procedure.

 

6 calls in one hour is ridiculous - if that is happening regularly go back to the police and ask to report it under the Protection from Harassment Act. While they are unlikely to take action if they are not actually threatening violence, you might at least get a crime reference number. A couple of points that may be useful (a) as I understand it the Act does not require "mens rea" - the issue is what a "reasonable man" would believe (b) It is clear from the home office guidance that the act does apply to debt collection activities. So don't let the police get out of reporting the crime on either of those grounds

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Hi

 

I need a bit of advice, my partner got a mobile phone from t mobile 3 years ago he returned it within the 14 day period and last year recieved a letter from wescot saying that they had taken over the debt, somewhere down the line my partner had an outstanding debt with westcot-united utilites and discovered a few weeks ago that £20 per month had been coming out of my bank via standing order for the debt with t mobile he rang westcot and was told that no payments had been made, when he gave them the reference number the woman said that he had been paying off someone elses debt £200 worth. They said they would put the account on hold and recover the payments from the other persons debt. he rang today and was informed that the debt had been passed back to t mobile, i asked about payments that had been made £200 and they couldnt comment on this and told us to contact t mobile. We have written the same letter to wescot and t mobile and posted it yesterday, any help on this please.

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Were you paying by Standing Order or Direct Debit?

 

If by SO then the payments are totally your responsibility so you have no real cause of complaint against T-Mobile for continuing to receive them. If by DD then it is all T-Mobile's fault.

 

However in either case there should be no problem getting the money refunded. I imagine a polite letter to T-Mobile explaining the circumstances and asking for a refund will do the trick. If this is T-Mobile fault then you should consider requesting a goodwill payment in lieu of lost interest.

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Hi i was paying through standing order from my bank account for my partners debt with wescot, the confusion was we was already paying a debt off with westcot-united utilities and somehow it has been paying off someone elses debt.

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If you are being harrassed by unwanted telephone calls then take the same action as you would do with anyone else. Call BT and they should give you a number to key in whenever they call and that logs the calling number even if it's withheld, duration and time. After a few similar calls it will then get passed on to the police to investigate.

 

You shouldn't have to record it as asking them to stop is full and final. Anything after that is an abuse without them even saying anything. You wouldn't record a heavy breather on the phone but you'd still see as an offence by them calling you in the first place and if they continued to call it after you asked them to cease then it's a nuisance and a breach of the TCA.

 

Debt collectors aren't exempt from the law and if you can nail them with an 'official' log of calls and a report to the police then go for it as you have nothing to lose.

 

Steeley

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I've just read everything here, but i can't see what happens next. When you've recorded everything and logged everything, what do you do with the information?

Get in contact with us.

 

We think that this is so important that we will help you instruct solicitors and also develop some media contacts for the story.

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Hi - I've written a huge long letter now as a last resort to HSBC senior complaints department and have asked them to deduct all of the unauthorised transactions plus all of the interest charged through these transactions. Well, nothing ventured, nothing gained! The first time I wrote to complain, now I've got all my correspondence out, was on 16th November 2006 so they are well outside their 8 week target to resolve complaints! I've given them 21 days to respond so we'll see what happens, i'm logging all of the calls I receive (I counted 26 in 6 days!).

Thanks everybody!

Just wondering BankFodder, does the above apply to me as well or is that just for Chris W? Thanks!

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I get a phone call every 15 - 20 mins Mon - Sun week in week out. I let it ring out so the answer phone will take over but the caller just hangs up its always the same number. I think I know who it is (M&S Money) this is my wife's account and she is behind a little on her payments. She missed a Payment about two months ago. She has had contact with them and arranged to pay extra each month (After being lectured about the way she has managed her account). She asked them to stop telephoning and to write to her if they needed to dicuss her account. they refused and said they will continue to ring her until she brings her account upto date. We feel like were under siege form them. It is so bad that we unplug the phone so that we don't have to listen to ringing all day long. we only plug it back in after nine at night. I think I'm going to buy a recorder and start answering the phone to them. As the saying goes Give them enough rope.........etc.

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Send them the telephone harassment letter. They cannot be allowed to continue with this dispicable behaviour. You may also consider having your telephone company bar witheld numbers. This confuses the autodiallers and really pees off the DCAs. What is actually happening is that a computer automatically dials your number if you pick up then its passed to a trained monkey in the call centre. However if all the monkeys are busy they just cut you off. No excuse I know but thats the explanation

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I get a phone call every 15 - 20 mins Mon - Sun week in week out. I let it ring out so the answer phone will take over but the caller just hangs up its always the same number. I think I know who it is (M&S Money) this is my wife's account and she is behind a little on her payments. She missed a Payment about two months ago. She has had contact with them and arranged to pay extra each month (After being lectured about the way she has managed her account). She asked them to stop telephoning and to write to her if they needed to dicuss her account. they refused and said they will continue to ring her until she brings her account upto date. We feel like were under siege form them. It is so bad that we unplug the phone so that we don't have to listen to ringing all day long. we only plug it back in after nine at night. I think I'm going to buy a recorder and start answering the phone to them. As the saying goes Give them enough rope.........etc.

 

Yes - do exactly that. We are anxious to get some complaints going in order to make a very public example of these companies.

Please get a recorder and follow the the advice we have given in the stickied threads on this forum.

 

You need to get enough evidence so that it is overwhelming.

 

This means log the calls for a weeks or so without answering them to show the pattern of frequency and of behaviour.

 

Then start answering and logging and recording as suggested in the action sticky.

One of the lines of conversation you can draw them on is to start asking them why they have been calling so often. It will probably be quite easy to get them to admit that they have been calling you a lot automatically. i imagine that they will be pleased to say that if you bring your account up to date, the frequent calling will stop. Try and get a thorough and friendly discussion going on this topic. If they think that they are getting on with you they may say all sorts of things which you can then use against them later.

 

Then come to us with the evidence and we will help you through the next steps.

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Send them the telephone harassment letter. They cannot be allowed to continue with this dispicable behaviour. You may also consider having your telephone company bar witheld numbers. This confuses the autodiallers and really pees off the DCAs. What is actually happening is that a computer automatically dials your number if you pick up then its passed to a trained monkey in the call centre. However if all the monkeys are busy they just cut you off. No excuse I know but thats the explanation

 

Although you can send them the letter, it may not have any effect.

I would suggest the more head to head approach.

Don't send them the letter. Instead gather the evidence and stick it to them.

 

We will be only too delighted to help you.

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Although you can send them the letter, it may not have any effect.

I would suggest the more head to head approach.

Don't send them the letter. Instead gather the evidence and stick it to them.

 

We will be only too delighted to help you.

 

I agree with most of the numpties the Harassment letter has little or no effect but surely it strenthens any case you have against them when you do report them. After all you have made them aware that you dont want to be telephoned and they still continue to do so after you have proven they have received you letter. Surely a judge would take a dim view of this. There are many folk on here who cannot handle the constant hassle of these phone calls.

 

Dont get me wrong, I see where you are coming from but which is better evidence 20 unanswered calls a day or 5 calls a day after you have informed them not to phone. They are suuposed to be clever enough to read what you have told them so should therefore be aware of the consequences of the continued calling.

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Don't know whether it's a coincidence or what - I sent my really long letter out to them on Thursday but because of the postal strike on Friday didn't expect them to receive it until Saturday...

 

However I have not had a call from HSBC since Thursday. It's spooky now. Mind you, they did stop for a couple of weeks when I wrote before asking them not to phone me, but then it all started up again So, I won't hold my breath!

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What is actually happening is that a computer automatically dials your number if you pick up then its passed to a trained monkey in the call centre. However if all the monkeys are busy they just cut you off. No excuse I know but thats the explanation

 

Ahhh, so that is why there is always a pause when you answer the phone before someone speaks. Whenever I answer the phone and don't hear somebody answer straight away, I put the phone down anyway.

 

I get alot of calls, but usually my dad will say Im not in or I will answer and say "my sister" (me) isn't in. I am 27 weeks pregnant though, do you think I could use this to my advantage to stop them pestering me? As in, it's casuing me too much stress? ;)

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I recently complained to HSBC about telephone calls. Their reply is risible: apparently they are only attempting to contact me to prevent further charges being added to my account, but have now deleted my number from their records.

 

I replied suggesting that if they want to prevent charges being added, all they have to do is to not add them, not least because they are unlawful and I'll be claiming them all back. Not heard from them since.

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