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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 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
        • Like

Red Vs Studio Cards


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Having been spurred on by a few other threads regarding Studio, I thought I would start mine....now at a nil balance but I know I had loads of charges as I kept paying by switch over the phone and constantly getting late charges as they used to tell me it took 3 weeks :eek: :eek: for the payment to hit the account as they were not set up for instant payment via switch.

 

Sent SAR and received statements with nice letter and confirmation they credited acc with £10....(not that I really wanted that as I have a nil balance but hey...was nice of them to not charge)

 

Started going through statements tonight and I must have complained a lot in the past to them as I have had quite a few charges reversed...anyway....just discovered they have missed 3 years worth of statements....some numpty has been cutting the statements so it only shows 2 lines which doesnt give me the rest of the year! doh! Phonecall to them tomorrow me thinks!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Cheers Harry, Hopefully it will be a nice easy one...just wish all the others were as easy!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Go for it, Red.

 

As Harry said, Studio are paying out very easily and being very polite about it, too, which is nice.

 

From prelim to agreement to pay back took only 4 days. Getting the settlement actually correct does take them a little longer, as they do tend to get it a tad wrong. In my case an email got it fixed to my approval.

 

Good luck, keep us posted.

 

OB :)

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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Hello there..

 

I want to ask studio to send me my statements but im not sure where to send my £10 and sar to??

 

Could someone let me know pleeeese:)

 

Many thanks

Mnnie

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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Studio

Preston

PR0 2BP

Thats where I sent mine and they responded. Its the only address I have ever had for them

A&L debt due £873.36

Studio Cards £851.54

Shoe Tailor £1137.96 and rising monthly

Capital One ?

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Hey folks,

 

Has anyone had trouble trying to make sense of their statements? Studio had some years missing so they have sent me some more but the dates on the pages are all over the place and because it doesnt give a balance it is hard to tally them up. Anyone else had the same prob?

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Thanks Harry,

I have just gone through them like "Blue Peter" with scissors and sticky back plastic and finally managed to piece them together. I dont know why they print off in such a fashion and duplicate...seems crazy. The charges aren't as high as I thought but every little helps. Did anyone claim interest or just the admin charges?

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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I didn't really claim other than said they were unfair in a letter querying other things and they gave them back right away with interest without having to ask for it, if you are going for the bank type charge route then I guess this will go on at court stage. At the moment I am disputing the service and PPI charges as the Admin costs (well over £300) have an impact on how other charges are levied, still waiting for them to come back on that ...... and the proper executed CCA ...... and signed for PPI ...... I love this site !!!

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Thanks again Harry, I shall keep an eye on your progress. Looking at my charges, I had quite a few refunded as I complained most times they charged them and they did automatically adjust the service charge so Im hopeing to get the admin charges and the interest I paid them.

Letter going off today.

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Red,

 

I've replied to your PM. I hope it helps a bit.

 

OB :)

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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Thanks again OB.

Have done letter, its only £90 but as tescos says "Every little helps".....watch this space

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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  • 3 weeks later...

Came home from a few days away, to find a letter from Mrs Newton with a chq. She has refunded fees plus 8% interest so I will just accept this.

Oh if only all claims were as nice and easy as Studio Cards!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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  • 3 weeks later...

Kerry, The service charges are usually the interest they charge ypu. You can claim the admin charges and then they usually adjust your service charge anyway to reflect the reduction in interest.

HTH

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Came home from a few days away, to find a letter from Mrs Newton with a chq. She has refunded fees plus 8% interest so I will just accept this.

Oh if only all claims were as nice and easy as Studio Cards!

 

Ok let me get this straight. Once I get statements I only claim for Admin and they will automatically refund service? Or do I ask for Admin and Service? (No PPI thank god).

Sorry, little lost X

Karen :oops:

 

05/01/07 S.A.R - (Subject Access Request) posted

07/03/07 Offer made of £457. Rejected. Offer remade of £651, accepted.

26/03/07 PAID IN FULL

 

Your Site Needs You!

and we need this site!

 

Please don't forget to make a donation!

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Kazdoc,

I applied for Admin charges and contractual interest at a rate of 39.8% APR. They offered all admin charges and 8% interest and I accepted. They then sent me a statement showing £10 SAR fee paid to my account and £40 adjustments in service charge (they didnt tell me about this though).

I have emailed them asking them to refund the £50 credit on my account but they havent answered so I will have to ring them.

Does this make sense?

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Yes I think soooooooooooooo.:rolleyes:

Think I will go for all admin and service charges with 8%.

If they laugh then so be it. No harm in asking

Cheers x

Karen :oops:

 

05/01/07 S.A.R - (Subject Access Request) posted

07/03/07 Offer made of £457. Rejected. Offer remade of £651, accepted.

26/03/07 PAID IN FULL

 

Your Site Needs You!

and we need this site!

 

Please don't forget to make a donation!

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Go careful with the service charge as this is interest that you agreed to pay when you opened your account. There is no ground on interest being unlawful.

Good luck.

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Ahh that changes a few things. I'm doing it for my mum so not sure what the deal is with service charge. In that case I'll just do admin and 8%. Phew. Sorry to hijack pet, thanks for the help x

Karen :oops:

 

05/01/07 S.A.R - (Subject Access Request) posted

07/03/07 Offer made of £457. Rejected. Offer remade of £651, accepted.

26/03/07 PAID IN FULL

 

Your Site Needs You!

and we need this site!

 

Please don't forget to make a donation!

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Depends what interest you are claiming. You can just send the prelim in the library and change the odd word to fit your circs.

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Thanks Red.

I,m finding it hard to find the template for the 2nd letter.

I ahve no idea (I,m so useless at things like this) Also how do I calculate interest tryed looking everywhere no idea I wish things were so simple.

How long is it usually taking for them to answer back with a offer and from first reply getting stsments sent out?

 

Are you wiring something like I am requesting that you refund me my administration charges that have occured over the year plus 8% interest?

Sorry I,m so rubbish.

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Have you sent a SAR to them or do you already know all your charges?

When you say 2nd letter, do you mean a letter after you have requested your statements?

 

This is the letter I sent:

 

 

FAO Mrs Lisa Newton

Customer Care Department

Studio

Preston

PR0 2BP

 

 

26th February 2007

 

 

Dear Mrs Newton,

 

 

Account Number xxxxxxx

 

 

Thank you for your help in dealing with my statement of account. I have now received all the relevant information for the requested dates. I would also like to thank you for crediting the “subject Access Request” fee to my account. This has put my account in credit and I shall be grateful if you would arrange for this credit to be refunded to me by cheque.

 

 

I am also writing to ask you to refund to me, the charges which you have levied from my account since January 1999.

 

 

As I am sure you are aware, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT, who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

 

I have noted your comments about your right to apply an administration charge but I would point out that the administration charges should only be an amount to fully cover your administration costs. If you believe these charges do cover your costs, please provide a full breakdown of these costs.

 

 

Since January 1999 I have had a large number of Administration Charges applied to my account and I have also had a large number credited back when I made a complaint about the charges at the time. There are however, still charges applied to my account that have not been refunded and I would now like to be reimbursed for them.

 

 

I have attached a schedule of charges still outstanding and I would like to point out to you that I am also claiming contractual interest (compounded daily) at a rate of 39.8% APR. This interest is claimed on the basis of consumer contract legislation, which provides that where a contract has not been individually negotiated, the party dealing with the consumer cannot insert advantageous terms into contracts where there is no comparable term in favour of the consumer. The total owing to me as at today's date is £263.08.

I ask that you refund my charges and interest (via cheque and NOT credited to my account or in vouchers) within 14 days of the above date.

 

 

I am a member of the Consumer Action Group and am aware of other claims where you have settled in a prompt and satisfactory manner and I hope this situation will be the same.

 

 

If I do not receive a refund within this timescale, I shall have no alternative but to begin a claim against you for the full amount, plus costs. I will also submit a complaint to the Information Commissioner. This will incur additional costs to yourself and I shall also claim additional contractual interest (compounded daily) until this matter is resolved.

 

 

I hope it does not need to come to this.

 

 

Thank you for your time in dealing with this matter and I look forward to hearing from you.

 

 

Yours sincerely,

(Excuse the size of some of the font)

Does that help?

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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