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ACC nightmare unlawful loss of weekly comp

#1 User is offline   peter duncan 

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Posted 09 November 2017 - 11:36 AM

Hi all am at wits end I have been dealing with my partners claim as she is dyslexic as well as trying to fight my own. Partner is easy been a long 8 months trying to get an occupational therapist here to assess what she needs they made life hard from when the request was made via my branch manager and the email requesting it went supposedly from there to a case manager. Now some time later I accused the branch manager of not sending it and he assured me he did but never followed up on it I then lodge a review and fairway rang me up and the reviewer asked for the emails requesting the OT as it was never attached to partners file so I sent them packing back to the branch manager as I am not paid enough to supply it.(they will get it from me but it will be at the review just like my review when I received the file after the review had finished) but meantime everyone is too busy working so they had to ignore someone and that someone was me. We both are on benefit since my vocational independence 26/12/2014. Now to my part I had an ingral hernia that went wrong even the second surgery was wrong due to the fact they never went back in laparoscopic to see what went wrong they cut me open and put another hunk of mesh in on the outside. So as a result I have experienced pain I never knew could stay so long. Anyway I went to a very reputable surgeon in Auckland who wrote he could not do anything for me and stated he could not find 2 screws that the first surgeon wrote in her report she had put 2 of in. I am a bit confused as the powers that be have all read this and not worried abut these 2 screws that are somewhere. Is this bordering negligent or just ignorant?. I got no real social rehab so fitness no good and every time brain keeps saying you can lift this so have a go and keep on pulling back muscles! I have been that much of a pain to the corporation that they have set me up and if I get a bit frustrated with them they call the police and the police dont want to know my side so as a result had to put it to them through the police complaints authority. Now all these corproation employees have read the file and the BMA and other doctors yet none of them mentioned anything about these screws. so anyway I have been quite angry that these people could have such a casual approach as to my well being so things have been said that should not have and yes I know get an advocate but we came off weekly comp onto a benefit with 12k of debt above our mortgage and I have done some things I have to say this was not one of my finer moments to keep bills paid (no victim lol) so to pay an advocate as they all seem to need and we all need money or our world dont turn!. Any suggestions welcomed I am at wits end and just on the verge of becoming another acc court statistic and I have no desire for that. The only positive really is I got my partner what she needed out of this whole mess since 2012. I have had a suggestion to take branch manager to district court civil but that is around 1k to do so and next year when some money comes in that might become a good idea but in all reality the bills will want paid again and 4k dont go far these days was hoping to go back to the quarterly payments instead of a 5 year lump
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#2 User is offline   Grant-Mac 

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Posted 11 November 2017 - 05:24 AM

View Postpeter duncan, on 09 November 2017 - 11:36 AM, said:

Hi all am at wits end I have been dealing with my partners claim as she is dyslexic as well as trying to fight my own. Partner is easy been a long 8 months trying to get an occupational therapist here to assess what she needs they made life hard from when the request was made via my branch manager and the email requesting it went supposedly from there to a case manager.

Now some time later I accused the branch manager of not sending it and he assured me he did but never followed up on it I then lodge a review and fairway rang me up and the reviewer asked for the emails requesting the OT as it was never attached to partners file so I sent them packing back to the branch manager as I am not paid enough to supply it.(they will get it from me but it will be at the review just like my review when I received the file after the review had finished) but meantime everyone is too busy working so they had to ignore someone and that someone was me.

We both are on benefit since my vocational independence 26/12/2014. Now to my part I had an ingral hernia that went wrong even the second surgery was wrong due to the fact they never went back in laparoscopic to see what went wrong they cut me open and put another hunk of mesh in on the outside. So as a result I have experienced pain I never knew could stay so long. Anyway I went to a very reputable surgeon in Auckland who wrote he could not do anything for me and stated he could not find 2 screws that the first surgeon wrote in her report she had put 2 of in.

I am a bit confused as the powers that be have all read this and not worried abut these 2 screws that are somewhere. Is this bordering negligent or just ignorant?.

I got no real social rehab so fitness no good and every time brain keeps saying you can lift this so have a go and keep on pulling back muscles! I have been that much of a pain to the corporation that they have set me up and if I get a bit frustrated with them they call the police and the police dont want to know my side so as a result had to put it to them through the police complaints authority.

Now all these corproation employees have read the file and the BMA and other doctors yet none of them mentioned anything about these screws. so anyway I have been quite angry that these people could have such a casual approach as to my well being so things have been said that should not have and yes I know get an advocate but we came off weekly comp onto a benefit with 12k of debt above our mortgage and I have done some things I have to say this was not one of my finer moments to keep bills paid (no victim lol) so to pay an advocate as they all seem to need and we all need money or our world dont turn!. Any suggestions welcomed I am at wits end and just on the verge of becoming another acc court statistic and I have no desire for that.

The only positive really is I got my partner what she needed out of this whole mess since 2012. I have had a suggestion to take branch manager to district court civil but that is around 1k to do so and next year when some money comes in that might become a good idea but in all reality the bills will want paid again and 4k dont go far these days was hoping to go back to the quarterly payments instead of a 5 year lump


Hi Peter,

I may be able to help you litigate your case as I have just completed 2 other employment cases and now have some time.

I see that payment is an issue. I can, and will work on a contingency basis, which means that I win, if you win. I am based in Auckland, where it looks as if you are also.

Before knowing whether you have a winnable case, we would need to meet [free of charge] so that I could assess your case. The information that you have provided provides a gist of where you are, but I would need further information to clarify the position.

Some basic information about myself: I am an ex-medical practitioner. I was recently admitted to the Bar as a Barrister and Solicitor in the High Court of NZ. I have litigated ACC, Employment and Insurance law for 4 years now. I have a number of posts on this site, which will give you a 'feel' of where I stand.

Grant
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#3 User is offline   MINI 

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Posted 11 November 2017 - 09:18 AM

Hello

I note you have won for your partner with ACC and now have your own worries to clear up.

ne thing I would say to you is never never use your house for lawyers. You will not be able to keep up with the mortgage and could lose your house.

Before losing your house try to downgrade to two bedroom or whatever the case may be, even moving to keep a roof over your head.

Many have lost their homes through fighting ACC and have real trouble getting one again even if it is cheaper. It is easier to downgrade and you may find you have a little money left over for other things.

You have Grants offer of help. I would take it. And then if you win, think of offering him a little or something. If you can.

Good luck with your ACC and cash problems, and please let us know how you are going.

Mini
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#4 User is offline   Alan Thomas 

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Posted 11 November 2017 - 12:21 PM

View PostGrant-Mac, on 11 November 2017 - 05:24 AM, said:

Hi Peter,

I may be able to help you litigate your case as I have just completed 2 other employment cases and now have some time.

I see that payment is an issue. I can, and will work on a contingency basis, which means that I win, if you win. I am based in Auckland, where it looks as if you are also.

Before knowing whether you have a winnable case, we would need to meet [free of charge] so that I could assess your case. The information that you have provided provides a gist of where you are, but I would need further information to clarify the position.

Some basic information about myself: I am an ex-medical practitioner. I was recently admitted to the Bar as a Barrister and Solicitor in the High Court of NZ. I have litigated ACC, Employment and Insurance law for 4 years now. I have a number of posts on this site, which will give you a 'feel' of where I stand.

Grant


Grant trolling for business on this site is against the rules and you must not do it.

What you can do is place your name and details et cetera in a section that has been produced for ACC advocates on the site which will also allow others to sing your praises and suchlike.

You will also notice that your response to this person's plight is devoid of any information to assist him and is therefore off topic.

As a bit of common sense and psychology you would be far better to provide technical help for this guy on this site to the extent that he understands that you actually have a good grasp of the ACC legislation and would be capable of representing him. If it is your practice to be helpful on the site with people such as this this would form as a Beacon and a magnet to people in need. You just need to use a little bit of common senseRather than having the thoughts that you might be able to provide this person all the help that they need that they no longer need you which would be a shame and against the spirit of this site
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#5 User is online   Lupine 

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Posted 11 November 2017 - 12:45 PM

What ever Alan. Claimant's need advocates and Grant is a Barrister. How many Barristers do we have offering affordable advocacy? Oh yeah one. Grant.

It is not up to you to decide what people may or may not need on this site.



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#6 User is offline   Alan Thomas 

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Posted 11 November 2017 - 01:08 PM

View PostLupine, on 11 November 2017 - 12:45 PM, said:

What ever Alan. Claimant's need advocates and Grant is a Barrister. How many Barristers do we have offering affordable advocacy? Oh yeah one. Grant.

It is not up to you to decide what people may or may not need on this site.





That rule was made from the beginning and is absolute with no compromises whatsoever.
So you must take heed yourself given that you to our an advocate.
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#7 User is offline   Tish 

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Posted 11 November 2017 - 01:58 PM

Good to know what Grant's history is, it adds an element of veracity to the things he says.
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#8 User is offline   doppelganger 

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Posted 11 November 2017 - 02:59 PM

Grant may be a two prong attack on ACC. ACC have accepted that this person has a posible mental injury and they have used the Police to control this person. His frustration is causing the mental injury and comes under section 27 of the Act.

Just a few fact that will be required to be listed in the Dr records and that is the cause of the mental injury.

the treatment profiles is clear in what ACC is looking for.

Dealing with challenging behaviour
Dealing with an aggressive patient
Patient violence against providers is uncommon in New Zealand. However, some providers may find themselves on the receiving end of verbal abuse and, on rare occasions, physical assault. Dealing with an aggressive or violent patient can be a huge challenge for you and your practice colleagues.
In most cases patients are keen to get back to everyday life or work. Others, owing to injury or debilitation, take out their frustrations on treatment providers and may blame the broader accident compensation and rehabilitation system.
There may or may not be a direct connection between a patient’s behaviour and their presenting condition. Abusive or threatening behaviour can also stem from compensation issues such as entitlement, eligibility for treatment or investigation, the legitimisation of a claim, and issues of cooperation in rehabilitation.
How we can help
It’s important that you let us know about any violent and/or aggressive patient who’s also our client. We can help you to assess the situation and determine whether other known factors are contributing to the hostility.
If mental injury is a factor
If a patient has developed a mental illness post-injury, and this appears to contribute significantly to their aggression or violence, we can help by providing a psychiatric evaluation and therapy or a psychologist referral. In this case our staff can be crucial in working with you to rehabilitate the patient and help with your patient relationship.
If pain is a factor
If chronic pain resulting from an injury is central to a patient’s frustration and escalating hostility, we can offer pain management options. This type of support could help you with returning your patient to everyday life and work. For more information see Managing pain.
We also train our client service staff to deal with difficult and hostile clients, so they can support you in getting information from these patients. ACC staff usually hold interviews in rooms that offer some protection and security for participants.

Page 59.

His GP may need to be told also that a mental injury is covered as the legislation states
Section 26 1 (d) Mental injury suffered by a person because of physical injuries suffered by the person,
and aslo
section 20 (2) (g)
Personal injury caused by a gradual process, disease, or infection consequential on personal injury suffered by a person for which a person has cover.

One should ignore the statement on ACC web site which claims the mental injury has to be a result of the personal injury, amd also the statement ACC case manager will claim the mental injury is not as a result of an accident.
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#9 User is online   Lupine 

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Posted 11 November 2017 - 03:39 PM

View PostAlan Thomas, on 11 November 2017 - 01:08 PM, said:

That rule was made from the beginning and is absolute with no compromises whatsoever.
So you must take heed yourself given that you to our an advocate.


Are you concerned that someone might try to misuse a brain injured claimant to further their own agenda?

Grant is a high value contributor to this site and this site needs high value contributors as do the claimants who come here.

This is especially true in this case as RCU claimants find it hard to get representation even if they can afford it. Now as claimants come here to get their problems addressed as opposed to indulging in endless pettifogging about the Review process I would expect that having a Barrister willing to look at what no one else will offers value that you simply do not Alan. Its the way the world works.
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#10 User is offline   Alan Thomas 

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Posted 11 November 2017 - 04:16 PM

View PostLupine, on 11 November 2017 - 03:39 PM, said:

Are you concerned that someone might try to misuse a brain injured claimant to further their own agenda?

Grant is a high value contributor to this site and this site needs high value contributors as do the claimants who come here.

This is especially true in this case as RCU claimants find it hard to get representation even if they can afford it. Now as claimants come here to get their problems addressed as opposed to indulging in endless pettifogging about the Review process I would expect that having a Barrister willing to look at what no one else will offers value that you simply do not Alan. Its the way the world works.


No I am concerned that this site is not used for commercial purposes which would certainly undermine its integrity.
And
you are off topic
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#11 User is offline   Hemi 

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Posted 12 November 2017 - 06:26 AM

View PostAlan Thomas, on 11 November 2017 - 04:16 PM, said:

No I am concerned that this site is not used for commercial purposes which would certainly undermine its integrity.
And
you are off topic

This site has had many as what you call commercial practices offered to members and has done so for many years.
You yourself Thomas have made use of such commercial practices offered and therefore are nothing more than a hyprocite hell bent on promoting anarchy via civil unrest.
My considered opinion on your above comments is that as usual the commercial ones who do offer advice here always run into you
Pushing your own self agenda on dealing with acc matters on which you have a 30 year record of Failure of your Thomas radicalised based Agenda.
Which people have no use nor want of.
Leave grant to do some good instead of criticising.
You are NOT the site owner so stop being the bully that you show yourself to be.
The integrity of the site you mention is and has been of no integrity for years.
Leave ones like grant to change that and don't you meddle in others issues when ts very clear you can't handle your own acc civil criminal issues,let alone others problems.
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#12 User is offline   Alan Thomas 

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Posted 12 November 2017 - 09:44 AM

David Butler (Hemi) stop trying to be a trouble maker.
I have no doubt whatsoever that Grant is a person of high moral fibre and integrity so what you are saying is nonsense.
This site is for the purposes of discussing the merits of various elements of the ACC which will of course include discussing various points of view with the primary issue being discussing the differences between the ACC point of view and the ACC legislation.

This thread is about Peter Duncan's problem so unless you have something constructive to say to help him David you should stay away.
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#13 User is offline   gabby 

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Posted 12 November 2017 - 11:29 AM

View PostMINI, on 11 November 2017 - 09:18 AM, said:

Hello

I note you have won for your partner with ACC and now have your own worries to clear up.

ne thing I would say to you is never never use your house for lawyers. You will not be able to keep up with the mortgage and could lose your house.

Before losing your house try to downgrade to two bedroom or whatever the case may be, even moving to keep a roof over your head.

Many have lost their homes through fighting ACC and have real trouble getting one again even if it is cheaper. It is easier to downgrade and you may find you have a little money left over for other things.

You have Grants offer of help. I would take it. And then if you win, think of offering him a little or something. If you can.

Good luck with your ACC and cash problems, and please let us know how you are going.

Mini
good advice mini..i lost my house through fighting acc and they indirectly forced me into bankruptcy and maybe if i had someone like grant to help rather than a lawyer who charged like a wounded bull i could have kept it..maybe,anyway still fighting the beggars and probley will until i turn 65 and beyond,gave up on this site when the crap started but it seems to be coming back with genuine people helping injured claimants who have nowhere else to turn for information and support.
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#14 User is offline   MINI 

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Posted 12 November 2017 - 03:43 PM

View PostLupine, on 11 November 2017 - 12:45 PM, said:

What ever Alan. Claimant's need advocates and Grant is a Barrister. How many Barristers do we have offering affordable advocacy? Oh yeah one. Grant.

It is not up to you to decide what people may or may not need on this site.


Lupine

Touche.
alan still thinks we are in the dark ages ruled by rules and regulations.

This place is to help those that need it. Whatever way they have seen the ACCforum. org beacon and lead them to Grant. Good luck to them I say. He still maybe working for nothing for all we know.

Did you ask him Thomas??

it is important claimants get legal assistant without it costing them their home.

Mini
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#15 User is offline   Hemi 

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Posted 13 November 2017 - 07:01 AM

View PostHemi, on 12 November 2017 - 06:26 AM, said:

This site has had many as what you call commercial practices offered to members and has done so for many years.
You yourself Thomas have made use of such commercial practices offered and therefore are nothing more than a hyprocite hell bent on promoting anarchy via civil unrest.
My considered opinion on your above comments is that as usual the commercial ones who do offer advice here always run into you
Pushing your own self agenda on dealing with acc matters on which you have a 30 year record of Failure of your Thomas radicalised based Agenda.
Which people have no use nor want of.
Leave grant to do some good instead of criticising.
You are NOT the site owner so stop being the bully that you show yourself to be.
The integrity of the site you mention is and has been of no integrity for years.
Leave ones like grant to change that and don't you meddle in others issues when is very clear you can't handle your own acc civil criminal issues,let alone others problems.



View PostAlan Thomas, on 12 November 2017 - 09:44 AM, said:

David Butler (Hemi) stop trying to be a trouble maker.
I have no doubt whatsoever that Grant is a person of high moral fibre and integrity so what you are saying is nonsense.
This site is for the purposes of discussing the merits of various elements of the ACC which will of course include discussing various points of view with the primary issue being discussing the differences between the ACC point of view and the ACC legislation.

This thread is about Peter Duncan's problem so unless you have something constructive to say to help him David you should stay away.


It is NOT nonsense Thomas
Some in here read others of knowledge and use that info or the person concerned
As I have pointed out that YOU have done yourself and availed yourself of self promoted persons of knowledge TO ATTEMPT TO FURTHER YOUR ''what are only shown as'' >YOUR POINTS OF VIEW AT ACC,
So we discus the difference between acc point of view and acc legislation
Then when one finds a difference to challenge with and the use of professional ones those who can challenge for us -YOU then decide that we can not have the availability of those who do have the nous and legal skills to move on our issues FROM A SITE YOU SAY IS HERE TO HELP ACC CLAIMANTS.
Rather strange theoretical NONSENSE FROM YOU having that as your motive of means for the site to operate as of which you don't own it and thus,>>have no authority to tell anyone what or what not they can do in here..
It is very constructive to agree with those who are knowledgeable and have the ability to use that knowledge to proceed with issues as to the acc legislation
You make much of acc having a point of view obviously something you are not happy with But do as you do daily and proffer your own points of view which to date have been shown to be of a ''NIL'' >NO WIN situation at ACC therefore your views are COMPLETE BOLLOCKS Posted Image/>
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#16 User is offline   Alan Thomas 

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Posted 13 November 2017 - 12:15 PM

This thread is about Peter Duncan's problem so unless you have something constructive to say to help him David you should stay away.
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#17 User is offline   Hemi 

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Posted 13 November 2017 - 12:34 PM

View PostAlan Thomas, on 13 November 2017 - 12:15 PM, said:

This thread is about Peter Duncan's problem so unless you have something constructive to say to help him David you should stay away.


He has posted and received a very good reply from Grantmac

the thread as usual becomes all about you ALAS Tommo>>>the site appears to be working perfectly well without having others to be set apon and bullied with your demands on others

any problems with the site working PERFECTLY WITHOUT YOU thomas???;)/>
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#18 User is offline   MINI 

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Posted 13 November 2017 - 12:40 PM

View Postdoppelganger, on 11 November 2017 - 02:59 PM, said:

Grant may be a two prong attack on ACC. ACC have accepted that this person has a posible mental injury and they have used the Police to control this person. His frustration is causing the mental injury and comes under section 27 of the Act.

Just a few fact that will be required to be listed in the Dr records and that is the cause of the mental injury.

the treatment profiles is clear in what ACC is looking for.

Dealing with challenging behaviour
Dealing with an aggressive patient
Patient violence against providers is uncommon in New Zealand. However, some providers may find themselves on the receiving end of verbal abuse and, on rare occasions, physical assault. Dealing with an aggressive or violent patient can be a huge challenge for you and your practice colleagues.
In most cases patients are keen to get back to everyday life or work. Others, owing to injury or debilitation, take out their frustrations on treatment providers and may blame the broader accident compensation and rehabilitation system.
There may or may not be a direct connection between a patient’s behaviour and their presenting condition. Abusive or threatening behaviour can also stem from compensation issues such as entitlement, eligibility for treatment or investigation, the legitimisation of a claim, and issues of cooperation in rehabilitation.
How we can help
It’s important that you let us know about any violent and/or aggressive patient who’s also our client. We can help you to assess the situation and determine whether other known factors are contributing to the hostility.
If mental injury is a factor
If a patient has developed a mental illness post-injury, and this appears to contribute significantly to their aggression or violence, we can help by providing a psychiatric evaluation and therapy or a psychologist referral. In this case our staff can be crucial in working with you to rehabilitate the patient and help with your patient relationship.
If pain is a factor
If chronic pain resulting from an injury is central to a patient’s frustration and escalating hostility, we can offer pain management options. This type of support could help you with returning your patient to everyday life and work. For more information see Managing pain.
We also train our client service staff to deal with difficult and hostile clients, so they can support you in getting information from these patients. ACC staff usually hold interviews in rooms that offer some protection and security for participants.

Page 59.

His GP may need to be told also that a mental injury is covered as the legislation states
Section 26 1 (d) Mental injury suffered by a person because of physical injuries suffered by the person,
and aslo
section 20 (2) (g)
Personal injury caused by a gradual process, disease, or infection consequential on personal injury suffered by a person for which a person has cover.

One should ignore the statement on ACC web site which claims the mental injury has to be a result of the personal injury, amd also the statement ACC case manager will claim the mental injury is not as a result of an accident.


doopledanger

Wouldn't it depend on which year the ACC law is being used under doople??

Mini
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#19 User is offline   MINI 

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Posted 13 November 2017 - 12:55 PM

View PostAlan Thomas, on 13 November 2017 - 12:15 PM, said:

This thread is about Peter Duncan's problem so unless you have something constructive to say to help him David you should stay away.


Thomas

Why haven't you logged Hemi's threads as being off topic?

You have a bais between ones you don't like and others you may need in the future.

Mini
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#20 User is offline   MINI 

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Posted 13 November 2017 - 12:59 PM

View PostHemi, on 13 November 2017 - 12:34 PM, said:

He has posted and received a very good reply from Grantmac

the thread as usual becomes all about you ALAS Tommo>>>the site appears to be working perfectly well without having others to be set apon and bullied with your demands on others

any problems with the site working PERFECTLY WITHOUT YOU thomas???;)/>/>



that's it Hemi aka Butler let him know that he is wreaking the site set up to assist you both, with any or new information which can be used against any of your enemies.

Mini
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