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Everything posted by Dave421

  1. I totally agree though, couriers do have an obligation but so do senders. If I were to send 20kg of cocaine and it was seized, does that mean the courier is liable? If it's black and white then you can only hold your hands up. In this case, the entire business of shipping was in globalauctioneers hands. Forced with no choice... a la... Pay for won lots in 48 hours, if you don't then winning lots are re-lotted and you can expect a ban on i-bidder platform. And now stranger still... if you pay for lots... yet fail to accept and pay their postage request (whatever amount it may be) then you "forfeit" won lots and get nothing. People may say, why bother? Well I've had Givenchy Gentleman for under £15 inc delivery (it's £45+ in shops). So yes, it's worth going for a true Debenhams liquidation seller.
  2. Thanks all for the responses. As of part 1, hermes. Now the reason I might have seemed hasty was because I genuinely deal with Hermes all day long regarding parcels. When someone says about suing the courier and then mentions Hermes, I wouldn't think about looking as in my opinion (and some 500+ parcels sent that way), I've never had a relatable situation like this. Anyway to answer you in detail... I bought off i-bidder auctions. The specific business involved was globalauctioneers who are selling off liquidated Debenhams goods. You pay about an hour after the auction has ended, they forward invoice to their shipping department and get a quote for shipping (yes, to be honest they could say £10000 and according to their terms you have to pay it, otherwise forfeit already paid for lots), but it's Debenhams, so not a scam. I come along and... Well... great items. Nothing mentioned in the terms with buyer warnings to shipping. On this specific auction lots (every Friday there) next one is Global Auctioneers | Friday Mega Make-up, Cosmetics & Fragrances! 30th July 2021! WWW.I-BIDDER.COM Bid Live at Global Auctioneers's Friday Mega Make-up, Cosmetics & Fragrances! 30th July 2021! auction . I won around 10 lots (more like 8 but a few lots included multiples so 10 fragrances sent to me). As clearly indicated buyers have to forward the invoice which for a shipping quote, I did, I paid invoice for shipping....done... No idea as to what courier they choose. Just went with it, had no choice. They chose parcelforce.. Sorry, I wasn't trying to promote anything, I pasted it in, saw it went to the big banner, deleted it but it still remained. Sorry folks
  3. That's completely false info though. The contract is between the sender and the courier. The responsibility is purely on the sender. I.e... If I were to send you something and chose to dodge insurance, does that mean you lose out if it went missing? Of course not. I would have chosen to dodge insurance and if you didn't get your money back, then it's all under the consumer rights law. I sue the courier even though the sender has sent goods which breaches the couriers t and c's of compensation? If I sent a glass framed picture in the post, even though it was against the policy of the courier, but I just took a risk, does that mean if it breaks then it's tough **** and the customers problem? The senders are responsible for making sure it's within the rules of the courier and if they think it's worth the risk, having insurance, then that isn't my fault. I have to sue the courier for what? Enforcing the rules? Not turning a blind eye to a sender who disregarded their rules?
  4. Just need a bit of clarification on this. I run my own online business so I think I've got it right, but just good to have some clarification. I bought some items via ibidder auction site. Typically trade and liquidated items for sale there. The items were men's fragrances and as I gather, auctioneers skip out of a load of the legal consumer right act jargon (from what I recall). Anyway. Several of these fragrances arrived smashed to bits. I logged it with the auction house with all photo's and evidence, and the staff responding even agreed with me that it was clearly damaged in transit. Anyway, rather than refund me right away or ask me to return said damaged items to get a refund (as should happen right? After all, they pay insurance for their own benefit, to protect themselves as the sender), they put a claim in without refunding me. It's like they have been waiting for compensation to pay me, and if that didn't happen, it's no money for me. To stop this getting long, the courier refused the claim because the items they sent were prohibited. Terms state anything made partly of wholly of glass won't be compensated and even so, fragrance rules is no more than 4 per parcel (they sent me around 10). Of course that's not my fault, they are responsible for shipment of goods and if they choose to cut corners, then regardless of it being trade lots, that's on them, not me. They've breached compensation terms of the courier and yet because of them not getting compensation, they wont give me my money back, even though they agreed from the evidence that items were clearly damaged in transit. My thoughts on this (please tell me if I'm wrong): First port of call as they aren't forthcoming via emails is to put the pressure on them. Truthful bad reviews on sites like trustpilot will surely make them want to do the right thing? (That step is already done, by all means I'm happy to hear that I was wrong or it was stupid). If that fails then it's down to an LBA, not just for the amount lost out on but also for loss of value of other items in the package (glass, liquid damage to those items reducing the value) and reasonable hours lost where instead of putting into my own business, I've been dealing with them. The sum is low, some £50 or so. Yet it's the principal. I have to deal with customers day in, day out and if I cut corners by not fully insuring shipments, then it's me who takes the brunt and has to refund the customer anyway, so why should another businesses risk mean I've lost out? Thanks
  5. Thanks so much for the reply. I really appreciate it. Indeed her sister is the gunpowder in all of this. Under normal circumstances without her being involved, with the matter being between me and my grandmother, it would have been as simple as me phoning her to ask if it's fine to come an collect me things on a certain date, she would have been happy with that and said yes, then I would have gone there with a van and gone round with her pointing out what's mine and if she agrees, taking it with me. I feel if anything, she is intimidated by her sister and it's her sister putting words in her mouth. I've witnessed it myself whereby she will say to her "you must be feeling like...." and she agrees with her even if she doesn't agree. Police action was partly about a potential breach of the peace. Her sister has shown what she's like and has made threats. One of which was recently where she text my friend demanding that I collect my belongings in 2 days time with her present there and in the message she also made demands to see the will, otherwise said she will be removing my belongings herself and putting them in storage. I informed her that she has absolutely no legal bearing on this and because of the tone she's taken, I wont be attending while she is present. She then had a massive outburst by sending a barrage of lies and borderline slanderous comments of which I then told her to stop contacting me full stop. Now, what I believe the situation to be is if lengthy notice in advance is given, it's likely my grandmother will inform her sister, meaning on the day she will be present and it's likely to turn hostile especially as she's likely to bring her tall, muscular and violent son with her. If I don't provide lengthy advance notice and just phone 10 minutes before arriving, she could have been instructed by her sister to refuse us access. There's no other family to intervene with things. Certainly I'm just trying to cover all bases with possible outcomes. If I'm honest, I feel that if my friend just turns up there, knocks on the door and asks to collect my things, then my grandmother will say yes and have no problem with it at all.
  6. Hello there, I just need a bit of advice please. I lived in my grandmothers property with her and I had been subject to abuse from her but I was stuck with nowhere else to go. In very recent times, I saw her sister when she came up and to cut it short, revealed some of the abuse to her. She didn't believe me at all (because she see's my grandmother as a kind, elderly lady who wouldn't do anything like that) and in fact turned against me wrongly making out that me saying it to her is trying to cause trouble for my grandmother. She was really quite nasty and I vacated the property. Luckily I've managed to go to a friends house to stay there. Now, many of my possessions are of course still at my grandmothers house. When possible I phone my grandmother to arrange a date to collect more of it and go there with a friend. This was all fine and with full agreement of my grandmother. Over the past few days, her sister has once again been involved and has made completely false claims via a text message that me and the friend turning up there is "intimidating" for my grandmother and she was making demands that I go there with her present to collect my things. She even made demands that she wants to see the will (Something she has no right to do so, no probate was needed and so it's a will for me and I don't have to show it to anyone). Her sister is actually intimidating and I can't be there when she's there due to the potential of verbal abuse from her. I not only have my belongings to collect, but I have a will to execute of my late mothers estate (she lived there and the will states I receive all of her possessions). As things stand, because of claims of feeling "intimidated" whether true or not from my grandmother, and I also feel intimidated by her sister, I don't know how to go about getting my property from there? Would this be something the police would mediate with? So on the day I decide to go there and get everything, a police officer goes round with us. My grandmother then permits us to have access to the house (if she doesn't then we go away and it's direct to court action). I then state what's mine and my grandmother agrees and I take it, or if she disagrees, I log it in an inventory sheet. Once complete, anything she has disagreed with on the day, I then present proof of ownership through the courts and take her to court so I can reclaim it. Thanks
  7. Well yeah it was all too much. I already struggle with my health and that had gone too far. As for the dummy CCTV it was pointing exactly at my driveway because all I wanted to stop was cigarette ends being thrown everywhere (as it makes me feel low because I'm embarrassed even if the posty comes and sees fag ends everywhere thinking it's me) and to stop and visitors cars who give me support being damaged. I had a call from the HA yesterday and it appears that they reported me for the camera. I explained that it's only pointing on my property (the driveway) and they said that's fine. I didn't fall out with them as such though hello12345? This all started when they scammed me out of money and I said I don't want anything to do with them anymore, so keep to their life and I will do the same. That should have been the end of matters as far as I'm concerned. Yet he was still throwing cig ends all over my driveway, dumping sand on the grass verge so cats mess over it, even walking into my back garden. All other neighbours in the area are fine with me as I've been living here for nearly 5 years. A few of which I'm on good talkative terms with. The HA have been pretty useless overall and I'm in a dark place. Someone helped me take my dog to an elderly relatives about 50 miles away as until I can find alternative accomodation, I'm not leaving the house at all.
  8. Thanks so much for the reply BankFodder. I think the thing with cameras now and stuff like that is the hassle but more importantly, the quality of life for the time being. I mean, is that going to be weeks stuck in until I've got enough evidence to submit as proof? It's pretty mashed up with law whereby before I learned a lot, I thought years ago so differently about law but then I realised what a mess it really is. I mean if I shouted abuse at them, that's my head kicked in and them getting off via a technicality or having a minimal punishment. Whereas if they shout abuse at me, I do nothing trying to be the bigger person who isn't violent at all and they decide to beat me up anyway, then same outcome. The results of the fake CCTV did mean less fag and drug ends out there and no parking in my driveway, but yeah at the expense of them calling me a "nonce" now. I don't know whats worse to be honest. The HA have as much proof as possible at the moment. The parking in my driveway, the drug and fag ends out there (I picked a load up in a dog mess bag one morning) (see pics). There's many other things but I just don't know whether they will act on them. Given the option of court for ASBO case or doing nothing and putting up with it, I don't know whats worse. Definitely after todays antics being called a "nonce" everything I leave home is just something I can't bear. I think I'm after them understanding the facts and realising that a move is the best option. They just seem to say to go to the police or do that ASB case thing yet it's all going to be bad. I don't get how they move trouble makers over and over because they've caused trouble, yet someone who is having trouble just has to put up and shut up. after being called that, its the worst with them and no more pix.pdf
  9. I'm with a housing association and recently new neighbours arrived next door. I know, potential troubles can be expected but I gave them the benefit of the doubt as I like to treat everyone as equal. To cut it all short, although things were friendly to begin with, things turned sour when they ripped me off out of money and I wanted nothing more to do with them (civil matter, I know, I walked away with lessons learned). The problems though are more than that..... - Fag ends (and spliff ends) thrown all over my property constantly. - Moving cats mess from their patch of grass out the front and dumping it on mine. - Breaking through my back gate to go and take something from my garden (trespass) - Blocking off and parking on my driveway and standing in my porch smoking drugs (trespass) - Dumping sand and gravel on my patch of grass to make cats foul on there instead of their own land (the cats treat it like kitty litter). - Doing work which encroaches onto my land. At the front extending their land past the barrier onto my pathway, filling it with stones and putting their solar lights there which flash through my front door, are annoying and it's so they can scare cats away from their land (see picture). Well I put up a dummy CCTV camera and of course a sign saying about CCTV pointing onto my driveway in order to deter this behaviour. The other day the man there collared me when I was collecting a parcel from outside asking me what my problem was as he claimed I gave him permission to extend his space out the front (I didn't). I told him it's not cool as it's on my land and went back in. After that I have avoided them altogether. I already struggle with health problems so the last thing I need is to be intimidated by them. I don't even leave my home through the front door anymore as I don't want their intimidation tactics. Earlier today was an all new low though... I double checked the man wasn't out in his garden before leaving mine through the back gate to nip to the shops. He wasn't so I went. When I came back he was in his garden though and saw me.... He started shouting abuse at me calling me a "paedophile" and a "nonce". Wholeheartedly it's not true which makes it even more upsetting. Plus shouting stuff like that can potentially cause me extra problems. Here's the dilemma: 1) Report it to the police who may have a word.... Serious repercussions will happen for me though and it's likely I will end up being beaten up. 2) Report it to the HA. I have done..... They've given me 2 options: i) They set up mediation type session which I know regardless of what happens, it will end with me being beaten up another day. ii) They start a court case ASBO thing which I will have to attend court with.... Whatever the outcome.... it will end with me being beaten up by him or one of his large family members. 3) I do nothing and literally never leave the house again (trust me, this isn't an exaggeration). The only amicable solution here is for the HA to move me, but I'm not sure if they can do this or not and what the rules are on it? Literally that's the only way because if it isn't done, my life is finished. Thanks
  10. All sorted (posting how it went for others in future) Yesterday after the notification of warehouse error, I sent an email saying about being unhappy about this 1 item being sent on its own without being presented with any option because of their mistake and having to pay full postage. No positive outcome was expected. Today to my surprise they've refunded the postage costs (this should have been done right away thus I expected a battle). Thanks again all.
  11. Perfect, thanks. I've got a feeling it might be hard to reject them due to the coronavirus as it will likely just be left outside but will try that. Is there an exact thing in the CRA I can quote at then regarding not giving me any option to amend or cancel my order after they changed the contract? I will try and refuse it today, otherwise I will get that letter sent to them and start a chargeback. Would I say that if they want the goods back, they pay for postage?
  12. The problem is returns postage. They don't cover the cost so with paying to return it, I'd only receive £6 refund. I'd have lost out on the £4 delivery fee and a few quid to send it back to them so not worth it. I wanted all 3 items to make it worthwhile paying £4 delivery. They took money for all 3 items and delivery fee, then today said warehouse error and 2 items are out of stock (I got refunded). I don't want just 1 item, I'd have never bought that on its own as it's not worth the p and p. They didn't give me any time to amend or cancel my order, even though it was their mistake as to why 2 of the 3 items weren't available.
  13. It's due tomorrow. I saw warehouse error email 10 mins after it was sent, then logged into my account to see the 1 item had been shipped on its own.
  14. Is there anything under the consumer rights law about this? I recently purchased 3 items off a website, a pair of flip flops and 2 t-shirts. The main thing I wanted was the flip flops. The t-shirts were added to make my order worthwhile as it was £4 postage. I received an email this afternoon telling me neither of the t-shirts were in stock which was due to a warehouse stock error. They gave me no opportunity to modify or cancel my order because of this. In fact it seemed they very quickly shipped just the flip flops around the time of sending me that email which appears to be because they knew I'd want to cancel (as it would be £4 postage just for a £6 pair of flip flops). Nobody would pay that amount in postage for such a low value item after all (t-shirts were £8 each so it made it worthwhile). They haven't been able to fulfill their part of the "contract" yet gave me no option to cancel. Now if I wanted a refund I forfeit the amount paid in delivery and have to send the flip flops back at my own expense...aka pointless.
  15. There isn't but when properties are built isn't it fair to say that if there's a boundary post in place, the fence would be built in front of that post on the land belonging to that home? So when it's sold the buyer is purchasing that fence on their land too? So generally they would be responsible for their fence? I guess I just grew up thinking the left side would always be down to me to maintain, unless as in this case, the fence is clearly located on someone else's land and it is known to belong to someone else. In the end the HA said I was given wrong info and that I was indeed correct that I'm not responsible for that fence due to the land it's located on and the owners of it.
  16. It's really too complex for me. I haven't even got the right tools. Plus I had a look earlier and there's a round...pipe screw/connector? The sort of thing you see under the sink linking pipes. There's a seal of some kind there and water is spraying out if that seal. When I pull the ballcock up, the water still comes out of the filler part (whereas it should stop if it's an adjustment issue?)
  17. Scrap the fence issue. I've sorted that but now it's just about the toilet situation with water loss through overflow pipe. Thanks
  18. Hello there. I'm a tenant of a housing association property. Recently I had an issue with the toilet flush system. It came under general wear and tear so they sent someone out to sort it. The guy was totally useless and on the first visit didn't have the right parts. The second he did but he bodged it. He didn't fix the flush issue but now it refills faster so I can flush again quicker. After he left, I was outside my home later that day and saw water dripping out of the overflow pipe. Concerned about this I took a look inside the tank. What happens is it fills to the peak level but doesn't stop. It carries on with droplets and eventually gets to the overflow pipe levels and comes out the side of the house. Of course, it's costing me money in water waste. Would I be due any compensation for this (to cover the definite increase in my next water bill)? It was the plumbers fault entirely. Possibly he didn't tighten some bolts enough. I don't want to touch it as if anything goes wrong, I become liable. (I've requested a repair job on this and still waiting for them to send someone round). My second issue is with a fence. As we know with terraced homes it tends to be the responsibility of the tenant/homeowner to secure the fence on the left hand side. There was already a fence on the left hand side which the neighbours (also HA tenants) had put up before I moved in. It's on their land on their side of the boundary posts. A few months ago they left, stripping the house bare and damaging the fence in the process. The fence is now pretty much broken completely due to this. The property has been empty since and so I've contacted the HA about it. They told me the fence is my responsibly and that's that. Actually is it though? It's not my fence. The former neighbours bought and put it up before I even moved here. So how can I be responsible for someone else's property? If the HA has accepted the property back, doesn't that mean the fence is now theirs? Do I have a case for being mislead into the tenancy agreement? As when I moved here, the housing officer told me the neighbours have taken care of the fence so I don't have to. Had I known I'd have to pay for a fence I wouldn't have signed the tenancy agreement (as I can't afford it) and I would have remained on the gold tier bidding system to find something else. Thanks
  19. So upon advice before, I sent her an LBA (I didn't sooner as after contact she would be making what seemed feasible excuses). I sent an LBA of which she dismissed and made a counter offer. I agreed to this as it seemed fair. Last month, less than half of her counter offer was paid to me. This month? I dread to think what it will be. It's £700 owed now. My question is.... Is it how I think it is? (Bear in mind as stated in previous post, this money was never lent to her, I trusted her to hold onto it until I had set plans in place to block my ability to gamble and get help with it) I pay the fee and refer to small claims. They then forward the paperwork to her. If she denies owing me that money, we go to a court hearing, of which I need to provide evidence. If she agrees she owes me the debt, then? She has 1 month to pay or has a CCJ? Who sorts out the repayment plan? Do the courts ask her for evidence of her earnings to suggest an amount? Also what is it with "attachment orders" ? Can I show she has been untrustworthy at repaying amounts and then ask the courts to contact her employer to deduct money from her wages before she gets paid? If she offers me, say £30 this month and I don't feel that is a fair amount, can I refuse it and just take her to court? Ideally I just need to know what happens with court, on her end? Does she have to prove she can only pay a certain amount a month? Or would it be where she offers what she thinks (after all her luxuries) she can pay and the courts accept and offer that amount to me? Thanks
  20. Ex gf definitely isn't a con to others. Well, her job I will reveal now is in the NHS. I definitely dont believe an elaborate plan was set up. More to do with.... had my money.... spent it without my consent, agreed to pay me back monthly. New bf = I, nor my finances are any priority (I could be mistaken, but I dont want to chance it as nobody knows the future. She could easily say "screw you" or whatever down the line). I have sent the LBA, looked at guides here (ty to all who advised). Knowing her it will be "oh Dave, he wont go that far" and all relaxed with it. I could whatsapp message her but nope, got the ball rolling now the proper way. Her dad, yep could message him in the meantime. I don't know. I might. If nothing is agreed with her though, the next step with legal action will be taken
  21. Thank you, sorry for rambling on. Would a whatsapp message suffice in terms of that letter? As when I said "she doesn't want to remain in contact", it's as in, I say something to her, she reads it. I get a 1 or 2 word reply, I reply. She reads it and doesn't reply. So it's changed from how it was say a month or 2 ago before she met her new guy. I can take a hint. I'm gathering a letter would be better like you mentioned? (Which I will prepare now). The 1 thing relevant to that is when contact went distant and I made demands for £300 a month, that's when her words were "some" (paid back each month). After, with my minimal knowledge of law and stuff I told her that otherwise it would have to go down the court route and involve her having a CCJ. She didn't seem bothered, making claims perhaps oblivious to the facts, that if bayliff's turned up at her's then they wouldn't be able to take anything as it's her mums house and that they would have to prove it's her belongings, not her mums. There was never any offer of a set payment each month and when I asked her, she kept saying "some, it all depends what I have left over". Or, because of her saying that (Which she didn't seem to take that seriously or be bothered about). Would that be reason to send the LBA now instead? Thanks
  22. Thank you again all. I'm actually finding it interesting and learning a lot in the thread so it's become quite an educational read. Just processing in my head the things mentioned. What I will say is if there is anything about her saying she's still holding onto it because she's worried I could gamble it... There comes the question of what money? As she's spent that money. Perhaps having no bearing but if I didn't give her that money to hold onto, and she had the leak and asked if she could borrow some money, I would have said no because borrowing implies spending and repaying it over time. Which is a bad mistake to make when it comes to ex's. When giving her the money we were still on good terms. We didn't end on bad terms at all and I gathered all it would be is give her the money, then get it back instantly on request. Only when she found someone else did the good terms end and I feel with the now non existent contact, I can't trust her to keep to paying me back bits each month. Anyway. The police might be rocking it a bit too far for now and if possible I wouldn't want to go down that as I'm gathering if the police even acted on it, that would mean her getting arrested under caution which could affect her employment and make it harder to get the money. Not that there would be something like this but looking through advice from people, I'm looking for something as close to repayments with consequences. In other words she pays £100 minimum a month until it's paid. Then if she misses a payment, she has to answer to small claims court. Which is why my initial thought was of contacting her dad because if he can pay, and she pays him back, he's guaranteed £100 a month until it's paid.... Unlike me
  23. Thanks all so much for the advice in this. Proof wise, there seems concrete proof in forms of a bank receipt showing initial amount sent to her then a lot of messages. Initially it was 1 lump sum. Then a few smaller bits to get it to that total. Whatsapp messages include things such as: (This for first amount sent) Me: I just sent that money over to you now. Can you confirm it's reached your bank? Her: Yes, It's come through. When did you want it back? Me: Some time in the next 2 months? I have a new SSD drive arriving soon, and I need that time to get gambling blocking software installed on it again and register my details at Gamstop. Her: I understand. I will keep it separate from my money so just let me know. Before that, there was full discussion about the plan of her looking after it for me. After sending more amounts (proof again via messages), it was £900, which she even acknowledged is mine that shes looking after and she even confirmed the full amount. A month or so later I messaged asking for it back, but then that bombshell was dropped about it being spent replacing things damaged in a roof leak. I sent messages being annoyed at her for not even asking, yet there felt little I could do because if the money's gone.... It's gone. That's when she said about paying some back each month. Nothing back last month though and her reason's were because she had to pay for private physio as she has some back problems. It was in the last few weeks contact has gone the way it has, which was when I made those demands of £300 a month for the next few months to cover in, in an attempt to get my money back as quick as possible so we can both move on with our lives. My main concern with it all, is if she did start paying some back each month, whats to say in 6 months time her and her new guy plan a holiday and paying me back that month is the difference between being able to go or not? I think that holiday would be more of a priority than paying me back and missing out. Then it just gets messy down the line. So I feel it's important to somehow get a set, and realistically payable agreement implemented. Certainly she would have the means to pay it as she's in a good job and pays lower rent due to living with her mum but i'm pretty sure she wont stop her lifestyle (going out for drinks, meals and having a premium priced coffee every day) to pay me back quicker. I will review all advice given here, thank's everyone.
  24. Hi all. Me and the ex girlfriend ended about 2 years ago but kept in contact since. About 6 months ago I was having bad times with gambling. Being isolated I asked via texts if I could send her some money to hold onto until I had gambling blocks in place and was no longer at risk of gambling. She agreed and I sent her the money via bank transfer. As my income was paid in, I sent her more of it. Totalling £900. Purely to hold onto, not spend and I made this clear to her. She spent that money behind my back though. Claiming her roof had leaked which damaged her belongings that she had to replace (and chose my money to replace it with rather than go without). At this point now, we are no longer on great terms, she doesn't want to remain in contact (blatantly found someone else) and although I was due some payment back last month, no payment was made. I made a demand that I get £300 back each month for the next 3 months, yet she's plainly told me that wont happen as she won't have enough spare cash and will pay "some" each month. So now in theory, I have to sit and wait for what? Maybe £100 a month back until she cant be bothered to pay anything anymore? No thanks. What would my options be? She's currently living with her mum (she moved back there while we were still together). I'v told her I will contact her dad who again in theory, might pay the whole amount to avoid it going further, but not sure if I want to tempt that. Thanks
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