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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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My first complaint in writing went to them in November 2006 but they never replied to this. I wrote to them again on April 13th, complaining and again asking for a copy of their complaints procedure, but didn't receive one, just a letter saying "go away", I have now written six letters asking for a review of the case and got absolutely nowhere, the last letter I had from them said that if I wasn't satisfied I could write to a Senior Investigator, which I did, but even this added an extra stage into their own procedure which should have been complete at that time. But thanks for the information - I will go to the FOS tomorrow, I thought I had to wait for this last stage to be answered by them.

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My first complaint in writing went to them in November 2006 but they never replied to this. I wrote to them again on April 13th, complaining and again asking for a copy of their complaints procedure, but didn't receive one, just a letter saying "go away", I have now written six letters asking for a review of the case and got absolutely nowhere, the last letter I had from them said that if I wasn't satisfied I could write to a Senior Investigator, which I did, but even this added an extra stage into their own procedure which should have been complete at that time. But thanks for the information - I will go to the FOS tomorrow, I thought I had to wait for this last stage to be answered by them.

No

 

They have 40 Days to resolve your complaint.

 

The FOS will only deal with matters where a complaint has been made after 6th April 2007

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Hi - sorry ODC, does that mean I can or cannot complain, sorry I'm confused as this has been going on so long? The first complaint I made was in Nov 2006 but the first of this round of letters was sent to them on April 13th 2007. That was the first letter I actually received an acknowledgment of but it was a letter I sent in May which they appear to be investigating now....

I hate them. I've had a lousy night worrying about this. Thanks for your help.

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Hi - sorry ODC, does that mean I can or cannot complain, Of course you can complain to the FOS now that the company have failed to resolve your complaints sorry I'm confused as this has been going on so long? The first complaint I made was in Nov 2006 but the first of this round of letters was sent to them on April 13th 2007. Thats fine as its after 6th April That was the first letter I actually received an acknowledgment of but it was a letter I sent in May which they appear to be investigating now.... They should not be DEMANDING payment or making threats while the matter is under dispute and they are investigating your complaint

I hate them. I've had a lousy night worrying about this. Thanks for your help.

Manys a sleepless night we have all had because of the tactics used by these people who never seem to have any interest in your problem and trying to work out a mutually satisfactory arrangement. They are not worth worrying about. You will get all the help and support you need on here. No matter what your problem is someone will have experienced the same thing before. These people all follow a standard pattern so you are not the first and will definately be the last. Remeber the Original Creditor is always responsible for the actions of its employees or any agency it employs to deal with you

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In my post today - a really stroppy letter from HSBC Credit card services saying that "due to the way I have conducted my bank account" I am now no longer allowed to use my credit card and to cut it up now!!

 

I had paid the balance off in full, never missed a payment on it, ok I didn't owe anything but I did want to keep it as a line of credit!!!! And this is a bank I banked with for 30 years..

 

As well as making me really angry, at the same time I feel sad that they are being like this. When I had a proper local branch where I knew the people I could have sorted this all out in a week.

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This latest letter sounds like a standard computer generated threat letter. I now think its time you involved the Banking Ombudsmans Service in this matter, You have been treated shamefully in this sad affair. Another person who loves to deal with arrogant banks like this is Tony Hetherington of The Mail On Sunday. He has a finace column which is excellent. Perhaps an email to him may buck up their ideas

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The Financial Services Ombudsman (FOS) can look at any complaints about your bank, not just those since April.

 

You should certainly complain to them at this point - they will not be able to look at the matter until either (a) the company have sent you a "final letter" or (b) at least 8 weeks have elapsed since you made the initial complaint.

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The Financial Services Ombudsman (FOS) can look at any complaints about your bank, not just those since April.

 

You should certainly complain to them at this point - they will not be able to look at the matter until either (a) the company have sent you a "final letter" or (b) at least 8 weeks have elapsed since you made the initial complaint.

Cheers for that. I was getting the April date mixed up with the date they can deal with the DCAs:)

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Have just spoken to the Financial Ombudsman, they have advised me to say that they will write to HSBC today telling them that they are now involved and will tell them to suspend any further action on my account, and I am also to reply to this really nasty letter with a two-liner telling them that FSO are now investigating and asking them to suspend any further action until the matter is resolved. The FSO say HSBC cannot be forced to suspend, but that they would regard it as very bad form if they don't. So I am just hoping that FSO intervention will resolve this matter once and for all. I am now feeling sick with worry.

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. I am now feeling sick with worry.
Do not be worried. You have done nothing wrong and everything right. Its HSBC who should be worried. The matter will be very serious for them now that the FOS has become involved

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There is nothing really to worry about - FOS will almost certainly sort this out and there is nothing HSBC can really do in the meantime. Even if they were to register adverse data on your credit file (which is unlikely at this stage) you will be able to go to ICO and get it removed.

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Oh - I didn't know that you could get it removed! I'd read somewhere that once it was on your file the best you could do was add a note to say that you thought it was inaccurate! Thanks so much for the support guys, I really need some support right now...

Sandra x

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I'd read somewhere that once it was on your file the best you could do was add a note to say that you thought it was inaccurate!

No, The Data Protection Act requires any inaccurate information to be removed from your credit record.

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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You can't always get these records removed, but where a large part of the alleged debt comes about because of unlawful charges, or fraud and so on, they should remove the information and if they don't you could force them either using ICO or the courts.

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Have just spent ages photocopying all of the letters in readiness to send to the Financial Ombudsman, this is all so stressful, but I can't afford to lose my reputation over this, especially as I don't think I've done anything wrong.

Sandra x

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I too have been having trouble with the Funding Corpn. In a nutshell, I have a complaint outstanding with the Financial Ombudsman relating to late payment charges which I am refusing to pay as I believe they are unlawful.

 

Anyway - Funding Corpn were harassing me via my home phone, mobile and text, plus sending me letters up to three times a day, despite my calling and writing to them via recorded delivery saying the matter was now with the Financial Ombudsman. After the last raft of letters last week, I called the FO again to complain. I was told they could do nothing about the harassment, but to seek legal advice which I did.

 

As a result of the legal advice, I dropped into the local nick on my way back from the law centre armed with the paperwork from my complaint, and made a complaint of harassment against FC.

 

Guess what? No more calls or texts, although I did get a nice letter from them today saying I had no grounds to complain to the Financial Ombudsman, as my complaint wasn't related to insurance and they fely quite sure the FO would agree with them.

 

Funny that....:rolleyes:

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hi i was getting 5-6 calls a day from the HSBC in the end i emailed their complaints department and threw in a CAG mention today i received a letter apologising profousley and they have know taken my number off their computer. my next port of call is the international numbers which come up on my phone but never answer when i pick up!!

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I have also been harassed recently by HSBC phoning endlessly. I explained to them several times that I do not discuss financial matters on the phone, and also wrote. They replied, waffling about how OFCOM allows them to do this and that, but finally stating that my number 'has been removed form our records'; since when I've received another 15 calls.

 

I have now raised a formal complaint, stating that I consider the bank lying to be a very serious matter.

 

This all relates to an overdraft that they allowed to go over its limit; I argue that they should not have paid anything that would make the account go over limit, because I did not ask them to. They say that they treated any d/d request as an 'informal request for overdraft', which is how they try to justify their £25 admin/penalty charge.

 

Getting into the spirit of things, I told them that I would treat any further attempts to contact me by phone as an informal request for consultation, for which I would charge £100 a time. The calls have stopped...

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Quick update! I have posted all of the documents off to the Financial Services Ombudsman now; I wrote to HSBC last Thursday (1 week ago now) telling them that I was going to do this and warning them about putting stuff onto my credit file. Since then I received a letter hurriedly pushed out (I think they sent it on Tuesday but dated it 13th July!) saying that they had received the documentation I sent (which was on 27th June) and would look into the matter within the next 30 days!! So I've copied that letter and sent it to the FSO too. They'll hopefully get the message soon that I am fed up. My friend tells me that the FSO will charge HSBC about £800 for the privilege of investigating their behaviour which is roughly about what they say I owe them now. So I think that serves them jolly well right!

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Not gonna post to all individually but WELL DONE GUYS! You are all geting fantastic results & this makes good reading :)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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This is an interesting post, in view of the fact that Morgan Stanley Credit Card (who now go by the name of Goldfish) are quite possibly the worst offenders on the planet!

 

If you miss a payment with these people, your name goes into their computerised calling system.

 

On one particular day I was called no less than thirty two times, over and over again right up til gone 9pm at night - half on my landline and half on my mobile phone. With the mobile phone I have it will say '18 missed calls' then when you select that item it will give you the phone number and the number of times it called - but then somehow once you've viewed the information the number of missed calls is wiped, it just shows the number that called you.

 

I've had half a mind to purposefully miss a payment in order to record the phonecalls at their very worst in order to expose them to whatever authorities would be interested - how would I go about doing this?

 

I'd be interested to know how other people record calls of this type, particularly those that aren't answered. I could photograph my mobile phone screen and maybe video the landline calls coming in.. or something.

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I have just had a distressing call from a dca.

Because I would not confirm my date of birth, he said he would not stop calling he was legally allowed to call 3 times a day!!

I asked that he only corresponded in writing, he said because I would not comply with the security checks he would not help me at all by dignifying anything i said.

 

I am so upset can anyone help???

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I have just had a distressing call from a dca.

Because I would not confirm my date of birth, he said he would not stop calling he was legally allowed to call 3 times a day!!

I asked that he only corresponded in writing, he said because I would not comply with the security checks he would not help me at all by dignifying anything i said.

 

I am so upset can anyone help???

I assume you have sent them the Telephone Harrasment Letter. If so report them to TS and the OFT.

 

I wouldnt be upset. You have actually beaten them they could not proceed with their threatening call. :D The really are talking claptrap about three calls a day. If you tell them to stop then they should comply with your LAWFUL request. I remember once a muppet from Clownells who told me if I would not give him my details and mobile phone number he would see to it that all 350 employees at Clownells would ring me every day. I aske him he he realised how sad he sounded. He said what do you mean. I played the tape back to him and hung up. Im still waiting on the other 249 staff to call me.

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Thanks ODC, as ever you have restored my faith I was beginning to doubt myself especially when he said "dont tell me about telephone harrasment, I know everything there is to know. are you legally trained?"

Well I'm not so I was stumped, I ended the call with "well the amount has been paid so look a fool and take me to court then." Now i am itching to call back as I cannot believe I let them upset me so much, I am usually so calm.

 

Can they record any details of that call if I would not answer security questions???

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Send a subject access request specifying the telephone logs and a transcript of the calls to be used as evidence in a court case. You may find the calls stop immediately :-)

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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