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Toymods Board Member
I supported Toymods
Location:
Turramurra, Sydney.
Registered:
May 2002
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It's time to get legal....
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Tue, 07 January 2003 05:47
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I've finally recieved a reply from the old guy that stacked in to me just before christmas.
The leter is from his solicitor & I'll type out the interesting bits:
We are writing in regard to yadda yadda yadda......
We have also been informed by our client that there was negligence on your part in relation to the excessive speed you were driving in a 60kk zone.
We note the cheapest quote to your car is $4,376, our clients damage totalled $600.
In light of the above and the fact that our client does not admit liability for the said accident, we are prepared to make you an offer of $1,500.00 in full and final settlement of this matter.
We request a response within 14 days hereof in this regard.
Yadda yadda......
Quite a bugger eh? I still have to talk with my oldies & such, but I'm wondering what people out there can recommend?
I knew the old bastad would pull the speeding thing out, & being a young male with an old modified car I don't have much luck, but there isn't even any proof that there was a car for this guy to swerve around, apart from his word.
Anyway, what do you guys reckon?
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I supported Toymods
Location:
I renounced punctuation
Registered:
May 2002
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I supported Toymods
Location:
Sydney
Registered:
June 2002
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Location:
Sydney, Australia
Registered:
May 2002
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Re: It's time to get legal....
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Tue, 07 January 2003 06:10
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Sounds like blackmail to me....
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Toymods Board Member
Location:
Sydney
Registered:
September 2002
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I supported Toymods
Banned User
Location:
Brisbane
Registered:
May 2002
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Re: It's time to get legal....
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Tue, 07 January 2003 06:40
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It would be best for you to speak to a solicitor! It will cost you a few dollars but it will be worth it!
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I supported Toymods
Location:
Sydney
Registered:
May 2002
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Re: It's time to get legal....
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Tue, 07 January 2003 07:04
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Joel,
Definately speak to a solicitor. Get them to draft a response, they will be able to see that he is admitting liability.
Don't take the initial offer - get the solicitor to reject it and counter offer with the $4376 plus costs.
He has started the whole solicitor battle by replying to you using a solicitor - so milk that aspect for all it is worth.
Regards
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Location:
1st street on the right
Registered:
November 2002
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Re: It's time to get legal....
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Tue, 07 January 2003 07:12
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Get a solicitor to bend him over. I made the mistake of not doing this and have given up trying post rear end accident. But friends in integral energy and sydney water now make his life hell 
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Location:
Eskilstuna, Sweden
Registered:
May 2002
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Re: It's time to get legal....
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Tue, 07 January 2003 14:09
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| clubagreenie wrote on Tue, 07 January 2003 18:12 |
But friends in integral energy and sydney water now make his life hell
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Do these friends do contract jobs............. 
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Location:
Sydney
Registered:
May 2002
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Re: It's time to get legal....
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Tue, 07 January 2003 14:10
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yeah speak to a solicitor, he admitted liability(by settling) so push it hard.
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Location:
Western Sydney
Registered:
May 2002
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Location:
Adelaide
Registered:
May 2002
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Re: It's time to get legal....
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Tue, 07 January 2003 14:42
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1500 is alot of money to be offering considering he isnt admitting fault. the normally amount offered would be more like 10-90 split. that is you would mean he is responsible to pay 10% of your damages and you are responsible to pay 90% of his. therefore if they are saying you are at fault you should be paying him about $100. so why did he offer you 1500? if he thinks he's in the right why has he forked out money to pay for a lawyer.
fight it joel. i have had a similiar experience where they refused to pay me out at all. took them to court and they offered me 600 before we went inside. i told them to stick it and ended up winning my full amount of 2900
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Location:
Melb
Registered:
January 2003
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Re: It's time to get legal....
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Tue, 07 January 2003 14:55
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Thats correct i wouldnt pay a cent if i new it wasnt my fault.yet this guy is willing to settle with $1500.whats he settling 4 if its ur fault.is he paying u the money cause its ur fault??course not,he nows his only hope is blackmailing you and you can use this blackmail against him.his giving you the sign that he is not confident its not his fault and he is trying to take advantage of ya cause your young
anywayz every1 is rite seek advice from a solicitor.in vic they have free legal advice places u can go and they advise you.i didnt have to pay a cent and got the advice to win my case.try that
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Location:
Hornsby, N.S.W
Registered:
September 2002
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 Re: It's time to get legal....
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Tue, 07 January 2003 20:27
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DRAG HIM ACROSS THE COALS.
JUZZO
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I supported Toymods
Location:
Berowra-Sydney
Registered:
July 2002
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Re: It's time to get legal....
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Tue, 07 January 2003 22:11
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if they are prepaired to make you an offer then it shows that they know you are intitled to it so take it further and get the complete cost of repairing the car,
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Location:
GoldCoast/Brisbane
Registered:
May 2002
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Re: It's time to get legal....
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Tue, 07 January 2003 22:38
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Bigworm: Step 1: Get a solicitor.... you will be home free and you will get the full amount you are entitled to!!
Step 2: Do not settle!!
Someone posted that maybe he was uninsured and maybe doesn't have a lot of money....... Ummmm what has that got to do with your car getting damaged???
Listen dude, try to get every single last cent that it will cost to get your car to the condition it was in b4 the accident. Also remember if it goes to the courts and you win, even if he cann't pay you the money up front, he will be forced to pay in installments and if he comes across any money within that installment payback period, ie. (he wins $300 at bingo on Friday night, or sells some shares etc etc ..... guess what..... he has to give it to you straight away!!
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I supported Toymods
Location:
I renounced punctuation
Registered:
May 2002
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Toymods Social Secretary
Location:
Sydney
Registered:
July 2002
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Re: It's time to get legal....
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Wed, 08 January 2003 00:48
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From memory, this dude wasn't insured. Hence why he is chasing a solicitor, and trying to bargain. By offering a substanial amount (above 30%!) he really is admitting liability for the incident. I would be going straight to a solicitor that deals with automotive contests regularly, and get some decent advice.. and even a response letter from him. I would be prepared to take this one all the way dude, for the following reasons:
- he CANNOT prove you were speeding. The only LEGAL proof of speeding is a radar, speed camera or other police operated equipment
- you ended up on the median strip. This would indicate that you were PUSHED into that postion on the road, due to the old fart swerving into your vehicle.. and at the least would indicate that you tried to AVOID him swerving.
- He has offered $1500.... virtually admitting his liability and now trying to play lawyer hardball to get out of paying the ~$4600 you quoted him, which they will try to contest because it is an old car and not worth that much (easily contestible with the entire club as a witness, and multiple professional quotes to prove otherwise)
- Your car was a piecce of ceilca art.... he should not be allowed to trash it and try to fob off $1500 as due recompense
HIT HIM HARD JOEL!!! 
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I supported Toymods
Location:
Central Coast
Registered:
May 2002
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Re: It's time to get legal....
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Wed, 08 January 2003 02:46
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As everyone else has said, I agree, get a solicitor. I had problem with my mag wheels, they were meant to be fixed under warranty, but they tried to hit me with a bill when they got back.
Anyways, my girlfriends old man is a solicitor, and he did me a little favour. 2-3 letters later I get a phone call saying I can come in and pick them up. Later I asked him what changed their mind in the end, and he said that he just threatened to take legal action if this matter wasn't resolved in 7 working days. I am not saying you should send them a letter threatening them at all! But definently go see someone. It is always intimidating receiving a letter on a company letter head.
My 2 cents.
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Location:
Princeton, NJ
Registered:
October 2002
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Re: It's time to get legal....
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Wed, 08 January 2003 03:22
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Forgive my yankiness:
How does insurance work in Australia?
What's a "Solicitor?"
Why do you have to pay a "Solicitor" to milk this man for money he owes?
Can't you have your insurance agent fight them back or something?
Again, please forgive me!
Thanks 
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Location:
Sydney
Registered:
May 2002
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Re: It's time to get legal....
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Wed, 08 January 2003 03:29
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| Thermactor wrote on Wed, 08 January 2003 14:22 |
Forgive my yankiness:
What's a "Solicitor?"
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solicitor
a member of the branch of the legal profession whose services consist of advising clients, representing them before the lower courts, and preparing cases for barristers to try in the higher courts.
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I supported Toymods
Location:
Sydney
Registered:
June 2002
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Re: It's time to get legal....
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Wed, 08 January 2003 03:47
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Basically what you guys call a Lawyer
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Toymods Board Member
I supported Toymods
Location:
Turramurra, Sydney.
Registered:
May 2002
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Re: It's time to get legal....
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Wed, 08 January 2003 10:38
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Wow, thanks for the support guys!
Get this, not only am I going to hit him up for the full amount, I'm increasing it by $400 for towing fees not included in the quote! Ha! Cop that old man!
I really wasn't speeding at the time either, I only had 2 car lengths at the most to accelerate from whatever dismall speed this guy was doing (definitely under the speed limit) until I was dead level with him & he wasted me. It'd be an interesting thing to work out with some of that maths we were all taught but have never used......
Anyway, I called the police straight after who came & didn't even hint at charging me, & indicated the other guy was at fault (another point I'll be including in the reply letter), but not at fault enough to charge him.
And besides all that, what difference does it make if I'm speeding? Bottom line is, I was in my lane & he came out of his into mine & damaged my car.
My olds have drafted up a letter that does sound pretty bloody good, & my old man's getting some law dude at his work to check it & the first 2 letters out.
From the sound of it the solicitor must just be taking a gamble that I'm an ignorant young modified car owner that will settle with whatever, and once they get this letter they'd be stupid not to shut up & cough up. If not, I should have no trouble finding a solicitor to get medi-evil on his ass.
Once again thanks heaps people, I feel bloody confident about it now! 
[Updated on: Wed, 08 January 2003 10:39]
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I supported Toymods
Location:
Sutho/Hills NSW
Registered:
September 2002
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Re: It's time to get legal....
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Wed, 08 January 2003 11:01
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cant wait for the outcome
take everything ya can from this sucker
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I supported Toymods
Banned User
Location:
Brisbane
Registered:
May 2002
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Location:
Melb
Registered:
January 2003
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Re: It's time to get legal....
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Wed, 08 January 2003 12:24
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lol.u wouldnt wanna argue speeding is ok
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Location:
Australia
Registered:
December 2002
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Re: It's time to get legal....
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Wed, 08 January 2003 14:28
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Get yourself some legal council and get them to fire a letter back.
The persons lawyer is only trying to bluf you..
So bluf back..
There is nothing as effective as a good lawyer.
Cheers
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Location:
Cabramatta, NSW
Registered:
May 2002
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 Re: It's time to get legal....
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Wed, 08 January 2003 22:48
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| megan wrote on Thu, 09 January 2003 01:28 |
There is nothing as effective as a good lawyer.
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Apart from a 6 foot pole up his arse...
 
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Location:
Australia
Registered:
December 2002
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Re: It's time to get legal....
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Wed, 08 January 2003 23:25
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Ok,
I guess it depends on which side of the argument you are on, one day I may feel like impaling someone else's lawyer on a poll.
Cheers.
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Location:
Canberra
Registered:
December 2002
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Re: It's time to get legal....
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Thu, 09 January 2003 02:17
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Depending on how much you earn go to legal aid they are in the phone book my ex tried to get me for some easy money when we split so she enlisted the help of a dodgy solicitor one of the back yard types so i went and saw legal aid and a few other lagal beagles and used some creative writing skills needless to say i havnt heard from her in 6 months. Just remember that solicitors and lawers dont come cheep so do everything you can to stay out of the court system cause then it starts getting expensive but i agree with everyone else dont let the pensioner get away with it who cares if bingo is his only form of income.
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Location:
Victoria
Registered:
September 2002
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Re: It's time to get legal....
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Thu, 09 January 2003 05:10
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Okay.. If he says you were speeding...
for him to have not seen you in his rear vision mirror you would have to be a the LEAST 400 meters behind him.
After that check there's at least three seconds to cover that distance...
NO 1.
To cover 400 meters in 3 seconds you would have to be travelling at 72Km/ph.
That's 72Km/ph plus the dangerously slow 40Km/ph he was doing.
He would have to claim you were doing over 112Km/ph in a sixty zone??
(That can only be done safely on a quiet main road around three to five in the morning.)
NO 2.
You could also say that this old guy was driving around twenty under the prescribed speed and his speedometer calibration is out that's why he thought you were speeding... (he probably thinks everyone is speeding)
NO 3.
You might want to check out the guys history...
There's also the old guy theory...
"Ooo it came out of nowhere.."
"Everything moves so fast these days.."
"all of the lights just look like one big blur to me.."
"Where am I again.."
"Can I go home now?", "you ARE home".
"BINGO!", "that was last week, darl."
And if he was doing 40 in a 60 zone he should get a fine. It's friggin' dangerous, it aggravates drivers and if the bastard can't see far enough ahead he should get his cataracts fixed or NOT DRIVE. I couldn't count the times on one hand when I've had to overtake some old bastard doing twenty below the limit when there's oncoming traffic. You just have enough time to flip them off before you can get back in the lane. 
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Location:
Sydney
Registered:
May 2002
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Re: It's time to get legal....
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Thu, 09 January 2003 05:14
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I think the best way is just to deny speeding and not fight ti too much, play the speeding down, he has no way to prove it.
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I supported Toymods
Location:
Epping, Sydney
Registered:
May 2002
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Re: It's time to get legal....
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Fri, 10 January 2003 10:44
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dont mention speeding
as soon as you even admit you might have been speeding, there's fault (and hence costs) to be assigned to both parties. if your speeding was a minor part of the cause, you might cop 20% of damages, and him 80 ... or it could be worse.
there's no proof but his word.. say he was going below the lmimt (which is almost certainly true) and that you were overtaking safely on a 2 lane road (which, from what I've read, you were)
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I supported Toymods
Location:
south of the big smoke
Registered:
May 2002
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Re: It's time to get legal....
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Fri, 10 January 2003 11:48
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I would hit him with the heavy weights straight on a letter from a lawyer is way more scary than a personal letter from you
and i agree with bugman forget any speed reasoning, just sounds dodgy
hope all goes well
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