You and Yours

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Old May 23rd 2008, 11:44 am
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Default You and Yours

Hi
just listened to the "You and Yours" broadcast, pretty good allowing for normal media simplification.
Narvekar said that FN's who bought in good faith were a simple matter that could be looked at. No-one said that properties were actually going to be confiscated, and apart from the fact that that the programme accepted that the law has changed (NOT TRUE) I was quite impressed.

AndyD 8-)#
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Old May 23rd 2008, 11:55 am
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Default Re: You and Yours

Keith Vaz didn't sound like he was going to be much help -at 1st I'm sure he said he hadn't been to Goa & then he said Calangute was sobuilt up he couldn't find his grandparents house -he also said he wasn't in favour of permission being given retrospectively. . . . . . . .

Hemingway.
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Old May 23rd 2008, 12:40 pm
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Default Re: You and Yours

Originally Posted by hemingway
Keith Vaz didn't sound like he was going to be much help -at 1st I'm sure he said he hadn't been to Goa & then he said Calangute was sobuilt up he couldn't find his grandparents house -he also said he wasn't in favour of permission being given retrospectively. . . . . . . .

Hemingway.
He said he wasn't born in Goa.
He said he wasn't in favour of retrospective legislation (like not recognising sales that were done legally).

Do try and pay attention dear <vbg>.

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Old May 23rd 2008, 12:51 pm
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Default Re: You and Yours

Hi all,

You’ve seen the movie (radio 4).As usual, a corrupted plot and full of discrepancies with little semblance to the book.

The essential facts (from the book) are summarised below.

For anyone who has been on another planet of late (radio 4 producers, most FNs. goan law minister , reporter from calcutta , kieth vaz etc).

Since august 06 the goan authorities have refused to register documents that FNs are a party to , but the sub registrar has not in most instances provided a written refusal as required by the 1908 act .

In addition, they have also failed to recognise the general permission for resident FNs to transfer immovable property under FEMA.(sec 1(v) B)

(To be fai,r most FNs registering property transactions probably weren’t resident, but that’s outside the registrars remit )

As a result , the authorities have simply pasted out important sections, of major pieces of their own legislation !

To circumvent the various mandates, the authorities are currently using the killer clause in FEMA ( ie FNs must prove residency to any authority that requests it) and are running potential registree FNs around various govt depts, who in turn request such proof of residency..

There has recently been an amendment to the 1908 act (march 08) which empowers the goan registrar to refuse registration to any class of persons in the public interest , there is some debate as to whether or not this is lawful and as far as i know this clause has not yet been used against FNs.

Central govt has also been acting in concert with goan govt to restrict long stay visas that would in part allow FNs to comply with the residency requirements.



I paste the relevant sections from the1908 act below



PART XII 1908 Registration Act

OF REFUSAL TO REGISTER


71. Reasons for refusal to register to be recorded.

(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

----------------------------------------------------------------------------------------------------------------

1. Ins. by Act 39 of 1948, s. 4.

2. For Part XIA (comprising ss. 70A to 70D) : "Of the Copying of Documents by means of Photography", applicable to Bombay only see the Indian Registration (Bombay Amendment) Act, 1930 (Bom. 17 of 1930), s. 3. For the subs. s. 70B, see the Indian Registration (Bombay Amendment) Act, 1938 (Bom. 24 of 1938), s. 5; and for s. 70E, see s. 7, ibid.

----------------------------------------------------------------------------------------------------------------



(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.




Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution –



72. (1) Except where the refusal is made on the ground of denial of execution, an appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar is subordinate, if presented to such Registrar within thirty days from the date of the order; and the Registrar may reverse or alter such order.

(2) If the order of the Registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60; and such registration shall take effect as if the document had been registered when it was first duly presented for registration.



73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution –

(1) When a Sub-Registrar has refused to register a document on the ground that any person by whom it purports to be executed, or hid representative or assign, denies its execution, any person claiming under such document, or his representative, assign or agent authorized as aforesaid, may, within thirty days after the making of the order of refusal, apply to the Registrar to whom such Sub-Registrar is subordinate in order to establish his right to have the document registered.

(2) Such application shall be in writing and shall be accompanied by a copy of the reasons recorded under section 71, and the statements in the application shall be verified by the applicant in manner required by law for the verification of plaints.



74. Procedure of Registrar on such application.

In such case, and also where such denial as aforesaid is made before a Registrar in respect of a document presented for registration to him, the Registrar shall, as soon as conveniently may be, enquire –

(a) Whether the document has been executed;

(b) whether the requirements of the law for the time being in force have been complied with on the part of the applicant or person presenting the document for registration, as the case may be, so as to entitle the document to registration.



75. Order by Registrar to register and procedure thereon.

(1) If the Registrar finds that the document has been executed and that the said requirements have been complied with, he shall order the document to be registered.

(2) If the document is duly presented for registration within thirty days after the making of such order, the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60.

(3) Such registration shall take effect as if the document had been registered when it was first duly presented for registration.

(4) The Registrar may, for the purpose of any enquiry under section 74, summon and enforce the attendance of witnesses, and compel them to give evidence, as if he were a Civil Court, and he may also direct by whom the whole or any part of the costs of any such enquiry shall be paid, and such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (5 of 1908).



Order of refusal by Registrar



76. (1) Every Registrar refusing –

(a) to register a document except on the ground that the property to which it relates is not situate within his district or that the document ought to be registered in the office of a Sub-Registrar, or

(b) to direct the registration of a document under section 72 or section 75, shall make an order of refusal and record the reasons for such order in his Book No. 2, and, on application made by any person executing or claiming under the document, shall, without unnecessary delay, give him a copy of the reasons so recorded.

(2) No appeal lies from any order by a Registrar under this section or section 72.



77. Suit in case of order of refusal by Registrar.

(1) Where the Registrar refuses to order the document to be registered, under section 72 or section 76, any person claiming under such document, or his representative, assign or agent, may within thirty days after the making of the order of refusal, institute in the Civil Court, within the local limits of whose original jurisdiction is situate the office in which the document is sought to be registered, a suit for a decree directing the document to be registered in such office if it be duly presented for registration within thirty days after the passing of such decree.

(2) The provisions contained in sub-section (2) and (3) of section 75 shall, mutatis mutandis, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding anything contained in this Act, the document shall be receivable in evidence in such suit.







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Old May 23rd 2008, 4:27 pm
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Default Re: You and Yours

will try as far as poss to type as they speak or thereabouts.
About 1000 people have bought property in Goa and face losing them due to an amendment in Goas property law. Peoople who have bought these homes do not officially own them and could have them confiscatied unless the Reserve bank of India gives them clearance in retrospect.Many have been in touch but most want to stay anonymous for fear of having visa problems.It started with a story of a UK tourist who had bought an apartment in Goa 2 years ago and half way through the transaction her husband died but she carried on with it. They asked if anyone told her the hurdles she would face and she said that at no time was she told of any problems she would face.
Her sales agent has now disappeared. She has gone past the stage of being angry and said she has been caught in a trap and feels she will lose evertyhing. She said she still loves Goa and she thinks Goans are not happy with the affairs.
Minister Narkavar of Goa said all such cases are currently being reviewed by the reserve bank of india and will check if the property owners do meet with the requirements of the new law. He said the amendments simply bring Goa into line with International property law - "I love Amsterdam and I love France but I can't buy property there - we are following the same system of British law and we inherited from England"
BBC - but the difference here is that you have changed the law and they have bought in good faith before the law was changed and now that it has been they have been caught out and stand to lose 10's of thousands of £'s.
N - these are small cases so we will see about these, what can be done.
BBC - you say these are small things but they are not small things to those who are involved - 1 woman took her redundancy money and spent it all on a property in Goa and another man who took early retirement - interupted by N - these are small people we will have to think about them so when I get the report from the bank we will think about them and what is to be done about these people. We have not decided anything about those people we are waiting for the bank certification.
Next an Indian journalist - will carry on in a sec.

Last edited by emsirrah; May 23rd 2008 at 4:34 pm.
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Old May 23rd 2008, 4:36 pm
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Default Re: You and Yours

Spell out what has happened Rhoul - this was something that came about in March when they brought out the Goan registration act - previously to that Goa had been out of line with the rest of India and it did appear that FN's could come in and buy property and the new registration act prevents that unless you are a resident here and live for 182 days and even then you need to get the clearance from the reserve bank and it is a complicated procedure. and then just rambled a little (again). Then another brit who did his 182 days etc and was the same story as the first lady (and the rest). He then spoke about the save Goa party and tourism in Goa and others from Indian states buying property.
The journalist and the BBC then spoke about the Scarlett case and its effect on Goa and again about other Indians buying and putting up prices. He said Politics were playing a part in this fiasco. When a minister says something it is not necessarlily going to be followed up and said the Minister earlier was very vague on the "small cases" he spoke about earlier. It could or could not happen and there is much uncertainty at the moment. Then more chat about marketing property in Goa to the rest of the world - warning FN not to buy.
Next to Keith Vaz - BBC - what do you think is going on in Goa.
KV - I have never actually lived in Goa and my parents originated from there and I am very interested in as have the people who have come to me with their complaints. They have a great affection for Goa and I am very sorry that this situation has arisen because clearly people have, in good faith, taken a certain course of action and now as a result of the change in law they face these difficulties. We recently had Alamo here and this matter has been raised with him and other minister before.
BBC - was he the minister who had warned that properties would be confiscatied. kv - I don't know about that. You can now see what over development has done to Goa - his Grandparents home in Calangute is now a hotel. He then said that "if you buy something in good faith - according to International law - then it is yours and I am not someone who favours retrospective action as that is unfair. The way to take it forward is quite simple - everyone should contact their MP who should then raise the matter with the British High Commission - not individually - this does not work. It has to be raised at a very high level" Talking about selling to FN's again re not telling them about the laws." 40% of the land of Goa is under foreign ownership - not just UK but from Russia and Eastern Europe who have decided to buy properties in Goa and local Goans feel they are not being properly compensated as the prices of property are enormous. This is a separate issue from the people who bought in good faith like the people who have contacted you and me who bought property and think they might lose it and I think it needs to be the subject of urgent dialogue at the High Commision so that they can put their case in a proper way".
A little chat about PIO's then that was the end.

Poppetjay - hope you find this of interest - I would not very happy being in Goa and not being able to find out what has been said.

Also put this on Buyer Beware topic.
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Old May 23rd 2008, 6:27 pm
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Default Re: You and Yours

Hi Peoples,

Listened to the broadcast and all in all I don't think it went too bad.
Yes there were a few discrepancies but it certainly helps to highlight the plight in hand and brings it to the public forum.

If you keep taking small steps the opposition wont notice the ground you've gained.
Don,t give up in this fight against might......we just need world sympathy to emphasize the injustice and put it right.

Regards,
Remy

(Feeling Optimistic)

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Old May 23rd 2008, 7:50 pm
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Default Re: You and Yours

Hi,

Can I just give the two contributors ( especially the lady ) a VERY BIG THANK YOU for having such courage to speak out in such difficult circumstances ?

As Remy said "small steps"
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Old May 23rd 2008, 8:44 pm
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On www.goanvoice.org.uk it says to expect a follow up programme next week. Does anyone know when the Trevor McDonald programme is going to be broadcast?
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Old May 23rd 2008, 9:52 pm
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Default Re: You and Yours

Originally Posted by emsirrah
On www.goanvoice.org.uk it says to expect a follow up programme next week. Does anyone know when the Trevor McDonald programme is going to be broadcast?
On 16 May 2008 I got the following message from the Trvor McDonald team: Whilst no programme has yet been commissioned on this subject, we remain very interested in it and will be following events over the next couple of months with a view to potentially putting something out on it further down the line.


Has anyone heard anything different?
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Old May 24th 2008, 2:55 am
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Default Re: You and Yours

Originally Posted by MapsaMapsa
On 16 May 2008 I got the following message from the Trvor McDonald team: Whilst no programme has yet been commissioned on this subject, we remain very interested in it and will be following events over the next couple of months with a view to potentially putting something out on it further down the line.


Has anyone heard anything different?
Hi all,

Maybe TM team will actually do some research and get it right. Or perhaps they are just waiting for some heads on plates, or maybe the subject is just small beer ?

regards
douglas
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Old May 24th 2008, 4:02 am
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Default Re: You and Yours

Originally Posted by emsirrah
...... 40% of the land of Goa is under foreign ownership - not just UK but from Russia and Eastern Europe who have decided to buy properties in Goa and local Goans feel they are not being properly compensated as the prices of property are enormous..........
I do not believe this to be in any way accurate. Infact, it's ludicrously inaccurate, and there must be some research resource out there, perhaps within the statistical database of the Land Register to disprove this nonsense figure.

That would be a help.

How could this be the case when a good proportion of the 482 FN's have acquired properties in multi occupancy apartment blocks?

The only exception might be the 3 Russians who attempted to acquire Plantation Land tracts of around 20,000 square metres each in Pernem area and under the name of Indian registered companies. (It is illegal, even for a Non Resident Indian or Person of Indian Origin to buy Plantation Land, and "conversion" of such land is at the nub of the political infighting and jostling for power within recent Goan politics, because with land "conversion" comes wealth).

I understand these cases are presently being dealt with by the Directorate of Enforcement, as they should be with urgency, since they are the most prominent violations of land acquisition which have led all foreigners to be tarred with the same brush (i.e. "land grabbers" whose funds may be of dubious source).

At least one of these Russians was assisted by Babush Monseratte ( IBN CNN did a "sting" on him asserting witness to him taking bribes on camera from the said Russian in order to assist in "land conversion deals"). Monseratte is now being positioned for a Ministerial post in the Goa coalition Government, even after he was arrested and charged after being at the head of a mobbed assault on Panjim Police Station earlier this year ( even though this event has also been interpreted as; Mr Monserrate, his family, and an assembly of political activists were infact assaulted by an angry police riot squad whilst they were loitering around Panjim Police station with innocent intention).

Charges against Mr Monseratte, his family, and the Mayor of Panjim have since been dropped; as have the counter charges against the Panjim Police, following the reshuffling of the police personnel to outlying districts ( a familiar scenario of avoiding responsibility in Goa).

Mr Monseratte (who, remember, allegedly took bribes to assist illegal "land conversion deals") has recently promoted himself on a "Save Goa" manifesto with the Save Goa Front, although he has a substantial interest in the Talegao Plateau area, a vast tract of land that has been carved up and sold in anticipation of it's rise in value on being "converted" to the various parties interest.
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Old May 24th 2008, 4:39 am
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Default Re: You and Yours

Originally Posted by babu1
I do not believe this to be in any way accurate. Infact, it's ludicrously inaccurate, and there must be some research resource out there, perhaps within the statistical database of the Land Register to disprove this nonsense figure.

That would be a help.

How could this be the case when a good proportion of the 482 FN's have acquired properties in multi occupancy apartment blocks?

The only exception might be the 3 Russians who attempted to acquire Plantation Land tracts of around 20,000 square metres each in Pernem area and under the name of Indian registered companies. (It is illegal, even for a Non Resident Indian or Person of Indian Origin to buy Plantation Land, and "conversion" of such land is at the nub of the political infighting and jostling for power within recent Goan politics, because with land "conversion" comes wealth).

I understand these cases are presently being dealt with by the Directorate of Enforcement, as they should be with urgency, since they are the most prominent violations of land acquisition which have led all foreigners to be tarred with the same brush (i.e. "land grabbers" whose funds may be of dubious source).

At least one of these Russians was assisted by Babush Monseratte ( IBN CNN did a "sting" on him asserting witness to him taking bribes on camera from the said Russian in order to assist in "land conversion deals"). Monseratte is now being positioned for a Ministerial post in the Goa coalition Government, even after he was arrested and charged after being at the head of a mobbed assault on Panjim Police Station earlier this year ( even though this event has also been interpreted as; Mr Monserrate, his family, and an assembly of political activists were infact assaulted by an angry police riot squad whilst they were loitering around Panjim Police station with innocent intention).

Charges against Mr Monseratte, his family, and the Mayor of Panjim have since been dropped; as have the counter charges against the Panjim Police, following the reshuffling of the police personnel to outlying districts ( a familiar scenario of avoiding responsibility in Goa).

Mr Monseratte (who, remember, allegedly took bribes to assist illegal "land conversion deals") has recently promoted himself on a "Save Goa" manifesto with the Save Goa Front, although he has a substantial interest in the Talegao Plateau area, a vast tract of land that has been carved up and sold in anticipation of it's rise in value on being "converted" to the various parties interest.
Hi babul1,

I agree about the inaccuracies in the programme, and there are many.

Regarding the true and large scale FN violations of FEMA, my theory is that they are few and some may not even be under investigation!

As i understand it, in 2006 a committee of goan politicians examined all of the FN files held by the sub registrar and selected most (but not all) for d of e investigation.

As evidence of inward remittance of purchase money and residency is not normally held on file by the registrar (as these issues are outside his remit) on what basis were the files selected for investigation?

Furthermore, why would they appoint a selection committee to vet and select files before handing them over to the investigators, (who supposedly have the skills and authority to carry out the task in hand)?

My guess is that the files involving FNs who had purchased properties in which goan politicians were in some way involved (brother/cousin is the developer, politician involved in planning permission etc) are still gathering dust in the registrars office.

kind regards
douglas
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Old May 24th 2008, 7:45 am
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Default Re: You and Yours

Originally Posted by emsirrah
On www.goanvoice.org.uk it says to expect a follow up programme next week. Does anyone know when the Trevor McDonald programme is going to be broadcast?
Hi Emsirrah,

Sorry to correct you but just it states "Expect a follow up programme"

Apparently however the "de-brief meeting" after the programme went well,so here's hoping

Jemma from TM will be contacted next week by expats "behind the scenes"

K-C
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Old May 24th 2008, 10:28 am
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I emailed henrietta and thanked her and her team for doing the programme but did point out that alot of what had been said was indeed wrong, the programme was put together very quickly and i feel alot of the point of the message we are trying to get across missed out completely, but if they do a follow up programme if people continue to email the team with their stories it may throw the correct light on the subject and the case we are trying to get over.
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