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Hard-Hitting Report Reveals the Real Toll of Consumer Problems in Cornwall

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A badly disabled woman and her carer husband were grounded when a trader failed to refund their money after a car they bought broke down on its second day:

“My main concern is looking after Maria and when you are stressed yourself while caring for someone it makes it much harder to cope.”

A man suffering bouts of severe mental illness and the early stages of dementia living alone in a remote part of Cornwall left with an unsafe car after £800 of work:

“With my mental health condition I need to stay away from confrontation and this situation with the car isn’t helping at all. If I start to feel worried and upset I can get out in the car to remove myself from the circumstances which helps me cope. The car is my means of escape.”

An elderly woman who gave-up two year’s holiday money to pay for a dating agency that didn’t deliver:

“It gave my confidence a real knock because I felt I have been taken for a ride. I felt like a complete idiot. The money came out of my retirement savings and I didn’t go on holiday for two years so I could pay for this agency.”

 

These are three stories from clients highlighted in a new report by Citizens Advice Cornwall into the real suffering caused by consumer problems.

The Knock-on Effects of Consumer Problems, published this week, looks at the costs of consumer issues on vulnerable people in terms of health, finances and time.

Citizens Advice Cornwall chief executive, Neil Colquhoun, said:

“Nationally, consumer problems cost the economy £23 billon-a-year. While the scale of consumer issues is well known, little research has been done into the toll consumer problems have on people’s personal finances, health and time taken to resolve issues.

“As our new report reveals, this is particularly pronounced for people who are already having difficulty coping, such as some elderly people, people with mental issues and disabilities and those on very low incomes.”

In 2016/17, the Citizens Advice Consumer Helpline dealt with 2,486 consumer-related issues from people living in Cornwall. Others will have checked the Citizens Advice website to find information about their problem, while others simply dealt with the company directly.

Mr Colquhoun added:

“This report highlights just a few of the stories where people have had to battle to get redress. Sometimes these issues have a huge impact on their lives and many people, such as those suffering long term illnesses, acting as full-time carers or people on very low income lack the time and resources to fight for their rights as consumers.”

The report includes recommendations to the Government which is working on a new Consumer Green Paper to overhaul consumer rights:

  1. Simplify and improve processes for resolving consumer problems

In unregulated markets, people who spend time and energy seeking compensation can be left with nowhere to turn when companies are unresponsive or their complaint processes are complex and opaque.

At the same time, in many markets, the financial and time cost associated with pursuing a claim for compensation means that many consumers are not claiming the redress they are due. We recommend:

  • Extending mandatory Alternative Dispute Resolution (ADR) across all consumer markets.
  • Extending automatic compensation to all essential markets where possible and practical.

 

  1. Strengthen and join-up the consumer advocacy landscape

The landscape for consumer advice and advocacy is uneven and inconsistent. Consumers need strong representation to help protect their interests in the face of narrow business concerns, and to help reduce the number and severity of consumer problems.

The government should establish a dedicated advocate for telecoms consumers, to reflect how essential broadband and mobile services are to people.

Without this, people risk having their problems overlooked, while businesses lose out on information which would help drive cross-sector improvements.

If we want to see improvements in consumer markets, we need to empower people to drive that change. Taken together, these measures would go a long way to ensuring people’s voices are heard.

 

Knock-on Effects of Consumer Problems

 

A Report by Citizens Advice Cornwall

 

 

 

 

Contents

 

About This Report                                                                       3

Introduction                                                                                  3

Consumer Issues in Cornwall                                                   7

The Scale of Consumer Problems                                                                      7

What are the Knock-on Effects of Consumer Issues?                                   9

Case Study Interviews                                                                                         10

Brief Case Studies                                                                                                13

Conclusions                                                                                 20

Recommendations                                                                    20

 

 

 

 

 

 

 

About this report

 

This report contains research carried out by Citizens Advice Cornwall into the effects of consumer problems on older and vulnerable members of our community. It accompanies a national Citizens Advice Report “The Knock-on Effects of Consumer Problems” published in March 2018. The report was compiled with invaluable support from Cornwall Trading Standards.

 

Introduction

Consumer problems cost the UK economy £23 billion-a-year with one-in-three of us facing at least one issue every year. While the scale of consumer issues is well known, little research has been done into the toll consumer problems have on people’s personal finances, health and time taken to resolve issues. This is particularly pronounced for people who are already having difficulty coping, such as some elderly people, people with mental health issues and disabilities and those on very low incomes.

 

What people in Cornwall told us:

 

A disabled woman and her carer husband grounded when a trader failed to hand back their money after a car they bought broke down on its second day:

“My main concern is looking after Maria and when you are stressed yourself while caring for someone it makes it much harder to cope.”

A man suffering bouts of severe mental illness and the early stages of dementia living alone in a remote part of Cornwall left with an unsafe car and £800 worth of work he paid for undone:

“With my mental health condition I need to stay away from confrontation and this situation with the car isn’t helping at all. If I start to feel worried and upset I can get out in the car to remove myself from the circumstances which helps me cope. The car is my means of escape.”

 

An elderly woman who gave-up two year’s holiday money to pay for a dating agency that didn’t deliver:

“It gave my confidence a real knock because I felt I have been taken for a ride. I felt like a complete idiot. The money came out of my retirement savings and I didn’t go on holiday for two years so I could pay for this agency.”

 

 

Key findings from the national research

 

National research from Citizens Advice has found that among people who experience consumer problems:

  • One in seven (16%) faced severe financial impact as a result;
  • More than a third (37%) felt more worried or anxious;
  • One in six (17%) had to take time away from work; and
  • More than one in ten (12%) suffered damage to their home or property

The national research also found problems with essential services, including energy, water and telecoms, are the most likely to have a disruptive impact on people’s lives. Vulnerable people tend to suffer the most when they have to tackle a consumer problem.

 

As Citizens Advice national chief executive, Gillian Guy, has said:

“Consumer problems aren’t just a nuisance – in extreme cases they can ruin lives. What these problems highlight is that our protections as consumers aren’t fit for purpose: the odds are stacked against us. When things go wrong, rogue companies are too often let off the hook for the costs they put on people – dragging their feet when complaints are made, putting in place confusing complaints processes. Or they simply bet that people won’t have the time or money to take them to court. And this means that only a third of people have their problem resolved to their satisfaction – the rest either struggle or give up.

“This is bad for consumers. Without clear, easy ways to fix their problems, people bear the costs of companies’ failure themselves, whether that’s through worsening financial situations or disruption to their work and lives. But it’s also bad for all of us, whether or not we’ve experienced a problem, because when companies can push costs on to consumers like this, it reduces the need for them to innovate and improve. A thriving economy is one where companies compete to offer people the best products at the lowest price. The scale of consumer problems suggests this just isn’t happening.”
 

 

Consumer Issues in Cornwall

 

The scale of consumer issues in Cornwall

 

In 2016/17, the Citizens Advice Consumer Helpline dealt with 2,486 consumer-related issues from people living in Cornwall. Of course, this doesn’t capture the full picture, as many people will have visited the Citizens Advice website to find information on how to deal with their problem, while others will have simply dealt with the company directly, taken advantage of industry redress schemes or approached Cornwall Trading Standards. Others will have approached their local Citizens Advice office for help.

 

Cornwall Consumer Cases Dealt with by Citizens Advice 2016-17:

Commercial Goods and Services – 30

Communications and Technology – 210

House Fittings and Appliances – 507

Leisure – 160

Other household requirements – 122

Personal Goods and Services – 160

Professional and Financial Services – 171

Transport – 607

Others – 519

Total – 2486

 

What are the knock-on effects of Consumer Issues in Cornwall?

 

The following in-depth interviews were conducted by Citizens Advice Cornwall with clients who came to us with consumer problems. Names have been changed to protect identities.

 

 

 

 

Dating Agency Didn’t Deliver

Our client, Mary, is a 72-year-old widow who lives alone and has been looking for a partner for a number of years.

She signed-up to a high class national dating agency which promised a personalised service and 24 introductions to men for £3,495 over a two year contract. Twenty-three months into her contract with the agency, she has only received the names of three men who were clearly unsuited to her situation and personality.

She was told by the agency several times they had found a potential match and said they would approach the men to see if they wanted to meet but she received no details of the men concerned and did not consider this an introduction.

”Just saying we have found someone but not giving you any information is not an introduction,” she said. “I realised some of the men had been found by just taking their details off other dating websites which I could do myself.

“It gave my confidence a real knock because I felt I have been taken for a ride. I felt like a complete idiot. The money came out of my retirement savings and I didn’t go on holiday for two years so I could pay for this agency.

“I am looking for a partner in life to share things with, as it’s sometimes hard to meet new people in Cornwall. I heard of people who had joined similar agencies and been successful in meeting new friends so I was really looking forward to getting introductions.”

Although Mary approached the company several times to complain, she got nowhere and worried about how she was being treated.

“I was not sleeping well because I kept thinking about how I could get my money back and the feeling of being conned. I used to wake-up in the middle of the night thinking “What have I done?” You trust people if they say they are going to do something, especially for that sort of money.”

Because she had only told a couple of close friends that she was using an agency, she finds it difficult to talk to her wider circle of friends about what has been going on.

Mary has now approached Citizens Advice and is looking at taking the matter to through the Small Claims Court process.

 

Trader refused to give money back for broken car

When John saw a second hand car for sale at a local trader he thought it would be the answer to his wife, Maria’s, severe mobility problems.

The small people carrier had enough room for her mobility scooter and was tall so she could climb in without dropping into the seat.

John brought the car for £850 but two days later it broke down. The trader took the car back but said he was unable to fix it and offered the couple their money back. When they went to the trader’s premises to get their money at the agreed time, the trader never appeared. This happened several times and to date, they have still not had their money back, despite a warrant from the Small Claims Court. The couple’s calls and texts to the trader have gone unanswered.

Maria has severe health difficulties, including angina and arthritis and has to take up to 14 tablets a day.

“For a while, a friend lent us his van, which was very generous but not an ideal way for us to travel. Maria’s father died over Christmas and our daughter was unable to come to the funeral because there weren’t enough seats in the van,” said John.

Maria’s walking frame, angina spray and repeat prescriptions had been left in the back of the car when it was returned to the trader for repair. When John drove to the site, the trader still wasn’t there so he took the items from the unlocked car.

“He kept promising and promising to give the money back but he just never turned-up when he said he would. It was just excuse after excuse and it was such a stressful time, particularly as Maria’s father died over Christmas as well.

“The only way Maria can get about is on a mobility scooter so the car would have been ideal for us.”

John has been forced to spend a further £800 on another car, which is a saloon and not ideal for Maria to get into or to store her buggy.

“My main concern is looking after Maria and when you are stressed yourself while caring for someone it makes it much harder to cope.

“We have had to spend more money on the small claims court procedure, buy another car and a second lot of car tax but we still don’t know if or when we’ll get our money back. As far as we’re concerned we’ve done everything we can by the book but we’re still out of pocket. It’s a very worrying situation.”

 

 

Man with poor mental health left stranded

Simon – a former marine engineer – has been grappling with mental health problems for a number of years caused by a neurological disorder after an accident at work.

Some years ago he invested in a second hand car which he hoped to keep on the road for the next 15 years. He lives on his own on an isolated farm and has recently been diagnosed with the early stages of dementia.

He took the car into the local branch of a national garage chain and agreed for major work to be done on the rear subframe. Despite having his car for several weeks and charging him £800 for the work, it soon became evident that the work had not been done and the car was almost undriveable.

“As a disabled person I am totally reliant on that car,” said Simon. “If it breaks down I really start to panic. As I drove it you could feel a wobble from the wheels. There was excessive corrosion on the rear subframe and components and the car is in a worse condition than when it went into the garage.”

An independent engineer has confirmed the state of the subframe and that the agreed work has not been done.

“Although it didn’t feel safe I had to drive to Bristol and London for medical treatment,” said Simon, who has since been unable to get any money back for the repair from the garage.

“With my mental health condition I need to stay away from confrontation and this situation with the car isn’t helping at all,” he said. “If I start to feel worried and upset I can get out in the car to remove myself from the circumstances which helps me cope. The car is my means of escape.

“Trying to deal with the garage to get my money back is a headache, I’m always thinking about what else I have to do next to resolve it and the dementia is making it more and more difficult.”

Simon has now contacted Citizens Advice for help in approaching the garage.

 

 

 

 

SUMMARY

 

In all these cases, people reported increased worry and anxiety as a result of their consumer issue. For Simon and John, it also involved increased costs they had not budgeted for and all said their disputes had taken time they could have spent doing more important things.

These interviewees represent a fraction of the cases seen by Citizens Advice Cornwall and Cornwall Trading Standards. The following are brief summaries of more real cases presented to our advisers.

 

 

BRIEF CASE STUDIES

 

———————————————————————————————————————————-

New car in poor state

Our client, who suffers from post-traumatic stress disorder, chronic obstructive pulmonary disease, anxiety and panic attacks and is receiving Disability Living Allowance contacted Citizens Advice about a car purchase. He was very anxious and took time to explain his concerns.

The client said the car he bought was not as advertised and suffered a fuel leak, the roof appears to have been painted without primer, there was a difference in photos between the advertised car and that sold. A garage said the fuel leak wasn’t visible, but was probably known by the seller as the underside had been steam washed. The client tried to negotiate with the seller who agreed to organise a MoT at a fast fit centre, however he later withdrew this offer.

During his discussion with us, the client mentioned he was behind with his rent and accepted a foodbank voucher because of his poor financial situation.

 

——————————————————————————————————————–

 

 

 

 

Pressure from estate agents

The client, who lives alone and suffers from ME, contacted Citizens Advice about an estate agent she had contracted to sell her house. The client wanted to end the contract with the estate agent, who, she felt, told her to put her house on the market for too low a price. After receiving only a few viewings, she wanted to end her contract with the company. At the same time, she was dealing with a review of her disability benefits and felt she was under pressure from the agents, making her anxious and worried. She eventually came to an agreement with the estate agent.

 

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Faulty roofing caused leukaemia patient extra suffering

The client came to CA because of problems she had experienced after a roofing company fitted a new roof to her home.

She lived alone and had leukaemia which made her very tired and also suffers from dyslexia. She agreed that she was a vulnerable person and said people had taken advantage of her in the past, including taking in a man who had said he was homeless who subsequently stole many of her possessions. She said she had always suffered from bullying.

The client had photos showing extensive water damage to the inside of her property caused by the defective work – there were no battens, tiles were pinned to the felt and every tile had pierced the roof.

The local builder who did the job said it wasn’t his work that caused the damage but a faulty chimney structure which he worked on but this did not solve the problem. Independent builders told the client the roof wasn’t put on properly and the timbers had rotted as a result. They also said the work the builder had done on the chimney was unnecessary.

The client had spoken to other local people who had work carried out by the builder, some of whom had told her about similar problems they had experienced and she was given information to choose a surveyor to carry out an independent survey of the work.

 

——————————————————————————————————————–

Family’s home loses £50k in value after building work

 

In 2012 our client had building work done on a bungalow by a local builder. They paid £55,000 but he left the work unfinished and asked for a further £20,000 which the client refused to pay. There were problems with the work done and the clients paid £2,500 for a surveyor who said the work was incompetent. They wanted to pursue the case in the courts but faced other stresses as the husband suffered a back injury in his farming job and lost his income.

The builder was declared bankrupt owing £160,000 and was successfully prosecuted for fraud. He now trades under a different name. The bungalow has lost £55k in value and will be difficult to sell because of its poor condition. The boiler installed by the builder also doesn’t work properly so the family (with three children) are unable to have baths. The husband has suffered severe stress and a suspected heart attack and is now on a Personal Independence Payment for his disability and Employment and Support Allowance.

 

——————————————————————————————————————–

Troubles with mobility scooter

Our client is disabled and has long-term health problems. They have trouble walking, as well as a lung condition. Since October 2016, they’ve been quite ill, and in and out of hospital.

Due to their trouble walking the client decided to buy a new mobility scooter. It arrived in May 2017 and the client was using it once or twice a week.

The client took the scooter apart, something that can be done to transport it, however upon reassembling the scooter, it failed to work.

The client rang the company to see where they stood, informing them how they needed to be able to use the scooter and asked if they would replace the scooter, to prevent waiting a long time for it to be repaired.

Given they had owned it less than six months, they believed they were entitled to a replacement. However, the company said no, the client has to wait for the repairs to be done. The client had originally had one years’ warranty on the scooter, but the company have now extended that warranty, due to the scooter breaking down and the client not having use of it.

 

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Train Ticket Penalty

Our client suffers from memory loss and has the assistance of a support worker.

The client had not travelled on a train for over a year so believed they could buy a ticket on board. However, he received a penalty notice as in the past year rules have changed so a ticket must be purchased in advance if travelling from station with a ticket office. The fine is £93 if paid before 3 October or £163 with the threat of possible court action if not paid. The client has right of appeal but could find no information on either company’s website for grounds for appeal. The penalty letter has no phone number to call. We explained the client’s right to appeal but pointed out the increased charge if the appeal fails. We discussed how he might pay the fine if he decides not to appeal. The client is on Employment and Support Allowance of £73 per week plus full housing benefit. He has no other income – he could pay the fine from the rent money but would then be in arrears with rent.

Our client is very worried they will get a criminal record or a bailiff coming to their house.

——————————————————————————————————————–

Significant Problems with Adapted Bathroom

Our client has multiple sclerosis and uses a wheelchair. In August 2016 they had an adapted bathroom installed privately at a cost of about £9,000.  There were a number of significant problems with the installation including leaks and dangerous wiring to the extent that Cornwall Council Social Services arranged for the work to be re-done completely. However, client had to pay an additional £9,000 for the further work.

The client says that the original builder has admitted fault and refunded him £6,000. The builder has promised to refund the balance but has not done so despite two reminder letters and a phone call.  The client says that they have letters to confirm this. However, the last contact with the builder was in June and has not been followed-up due to illness of the client’s husband.

Client was concerned that the builder was continuing work for other disabled people and asked about referring them to Cornwall Trading Standards.

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Letter from charity

Our client was 83 -years-old and living on her own. When she visited our office she was hugely distressed. She has multiple health issues and received a letter from a national charity that has made her very ill. The letter claimed that from the proceeds of the goods she had given in 2013 £3.75 was raised and that this sum would enable them to reclaim an additional £0.94 in gift aid in the tax year to April 2018. She was very worried as she had never given anything to the charity and was concerned about how they had her personal details.

——————————————————————————————————————–

 

Bailiffs demand money from severely mentally impaired man

The client is a 60-year old single man with severe learning difficulties and is registered as Severely Mentally Impaired for Council Tax. He had for a time been driving but had now given up and disposed of his car. One factor was that he incurred a Penalty Charge Notice which the council had placed with bailiffs, adding £75 to the £73 fine. The client had repaid this by instalments over May to October and had in fact overpaid £6.67. However, the bailiff had demanded an extra £228 to satisfy an ‘enforcement fee’ and was threatening to remove goods from the client’s accommodation. The client was understandably distressed.

We sent a letter to the bailiffs asking if the council had passed on information about the client’s capability when they passed on the debt, and the circumstances that led to the £235 charge.

The bailiff did not respond so we sent a follow-up: ‘Further to our recent letter, to which we cannot see a reply, we have discussed this matter with the client and we believe that he has discharged his liabilities as set out in your letter of 6 July (and described incorrectly as a magistrates liability order). The letter demanded £118.33 and the client has paid £125 since that time. Please reimburse my client £6.67’

This elicited a reply: ‘Prior to our involvement you would have been given the opportunity to make the necessary representations … please arrange a proposal of payment to clear the balance of £228.33 outstanding’. At the same time they issued two threatening letters to the client and tried to take money from the client’s bank account.

After a further exchange of letter the bailiffs withdraw their action, waived the enforcement fee and refunded the £6.67 credit.

 

 

Home Energy Improvements Made Things Worse

 

An elderly consumer received a cold call from a home energy improvement company, claiming to be working on behalf of the Government. The company claimed that they could upgrade the heating at the property for free, using Government grants.

A surveyor was sent out to assess the property, at which point the customer was encouraged to sign to agree to the work. After installation, the customer was left without an adequate understanding of how the new system works and the new heaters appear to be significantly less effective at maintaining the correct temperature in the property.

Complaints to the installer were ignored and the consumer was left without any support. The homeowner sought telephone advice from the Citizens Advice Consumer Service and received some practical advice on how to pursue a claim, however their vulnerability is also noted and the case was referred to Cornwall Trading Standards for consideration.

As the customer has not paid for the goods, the opportunity to seek redress is more complicated, requiring the consumer to employ a further specialist to assess the suitability of the installation and trying and evaluate the financial detriment caused based on the cost of putting things right.

Because the company’s claims about the performance of the heaters were verbal, there were no provable criminal offences to pursue in this particular case. However, the consumer did suffer from a number of health conditions, which increased their vulnerability. Due to these circumstances a Trading Standards Officer was able to undertake a home visit and support the client with the operation of the heaters and in making representations to the business to get the issues resolved.

 

——————————————————————————————————————–

 

 

Distress caused to elderly man

 

An 81-year-old consumer purchased a second hand vehicle from a local dealer, trading in their old car. The consumer was a blue badge holder and suffered with limited mobility.

After a few miles of driving the new vehicle, it developed an engine problem, and seemed to be losing oil. On closer inspection the consumer discovered the tyres were in a poor condition and a number of other minor faults.

Initially the trader agreed to repair the vehicle; but after having it back for a few days, the trader declared that it would be too expensive to fix and refused to put it right.

The consumer contacted Citizens Advice Consumer Service. They followed the advice and wrote a number of letters requesting that the trader either repair the vehicle or refund the amount paid. At this stage the vehicle was still in the trader’s possession, as was the part-exchanged car.

The trader consistently refused to acknowledge the complaint. However, after a couple of letters he did return the original car, posting the keys and paperwork through the consumer’s door at night.

The trader later claimed he would provide a refund of the balance by cheque, but this never arrived.

Very distressed by the situation at this stage, the consumer no longer felt able to pursue the matter further. They had no access to the internet, so could access very little in the way of template letters or other guidance.

The matter was referred to Cornwall Trading Standards. Whilst not fully meeting the criteria for providing assistance, a TS Officer did intervene, and following a visit to the trader, was able to negotiate a refund.

 

 

 

 

 

 

 

Conclusions

Our report provides a snapshot of the problems faced every day by vulnerable people living in Cornwall who are trying to tackle some highly complex consumer issues.

 

We should never forget that behind all the statistics are real lives. Sometimes problems that seem like minor irritations to some customers can have devastating impacts on others. While some people have the capacity to tackle poor consumer services head-on many find it a very stressful experience, especially if they lack the skills and resources, the time and energy or have other problems in their lives, such as long term illnesses or disabilities, duties as carers or struggling on very low incomes.

 

Recommendations

Nationally, Citizens Advice is calling on Government to take the following steps to help ease the pressures people face in pursuit of their rights as consumers.

The Government should use the upcoming Consumer Green Paper to put power back into the hands of consumers. We recommend two approaches:

  1. Simplify and improve processes for resolving consumer problems

In unregulated markets, people who spend time and energy seeking compensation can be left with nowhere to turn when companies are unresponsive or their complaint processes are complex and opaque.

At the same time, in many markets, the financial and time cost associated with pursuing a claim for compensation means that many consumers are simply not claiming the redress they are due. We recommend:

  • Extending mandatory Alternative Dispute Resolution (ADR) across all consumer markets.
  • Extending automatic compensation to all essential markets where this is possible and practical to do so.

 

  1. Strengthen and join-up the consumer advocacy landscape

The landscape for consumer advice and advocacy is uneven and inconsistent. Consumers need strong representation to help protect their interests in the face of narrow business concerns, and to help reduce the number and severity of consumer problems.

The government should establish a dedicated advocate for telecoms consumers, to reflect how essential broadband and mobile services are to people.

Without this, people risk having their problems overlooked, while businesses lose out on information which would help drive cross-sector improvements.

If we want to see improvements in consumer markets, we need to empower people to drive that change. Taken together, these measures would go a long way to ensuring people’s voices are heard.

 

 

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This Report

Written and researched by Wailim Wong (Campaigns and Communications Officer) and Scarlett Harvey-Whitten. With thanks to Gary Webster (Cornwall Trading Standards) and David Ogden (Money Advice Service Debt Advice Project).

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citizensadvicecornwall.org.uk

Published April 2018

Citizens Advice Cornwall is a trading name of CAB Cornwall.

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Registered Office: 21 Dean Street, Liskeard PL14 4AB

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