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  1. dx....10+ years with Stepchange I wanted to clear my debts but over the last few years I have only paid them £5 for each creditor ,they are unhappy that I can no longer pay anything and are taking for ever to approach creditors so I will do it myself.Will raise a new CCA request, so if I do not pay them what action can they take FS
  2. In August 2018 I had my complaint against Barclay card upheld for my PPI Insurance held on my Barclay card from 1992 until 2004, the card continued without PPI from 2004 to 2011. I was unhappy with the redress offered as I knew that this card would have had an average balance of around £2400 a month during the period up to 2004. Barclay card offered me compensation which was inadequate. They stated as they had no records of my account previous to May 2004 (my PPI was stopped in April 2004, I found that to be a little too convenient that all my statements prior to May 2004 had gone missing), that they had created an offer based on historical averages for a typical customer. I wrote to Barclay Card asking them to reconstruct the balance on the card from Nov 1992 to Apr 2004 based on my spending patterns on the same card from May 2004 to Nov 2011. They refused to do so. As a consequence of this refusal I contacted the FOS. At the same time I raised a GDPR request which I received in due course with statements from May 2004. I passed these statements to the FOS as part of their investigation. I have now received the FOS adjudication. The adjudication states that Barclay Card have acted unfairly in this instance and need to reconstruct my credit account from 1992 to 2004 using an average balance of my card between Apr 2004 and Feb 2007 when my credit limit increased. They are to use the average balance and then work from that point. My question is what methodology will they use as I can find nothing indicating how a calculation will be done either on the FCA or FOS websites. I do have a copy of the FCA Handbook 10/12 which has working examples of how to calculate PPI in most instances, but I am afraid not in this situation. I would like to be able to work out what is likely to be a fair and reasonable offer from Barclay Card if and when it arrives.
  3. Hi There, Not posted for a long time, but here goes! Owe Barclaycard £9000 and have sent them a CCA, they have replied with a letter sending me a copy of the agreement but not signed by me. They are saying the account is not in dispute because of any delay in providing your copy documents as section 78 (6) (b) was repelled on the 31st May 2008. It is now no longer an offence for a creditor to fail to comply with s78 (6) for more than one month. What is my best plan of action now. Thank you in advance for your replies. Steve H
  4. I am looking for some advice regarding removal of Arrangement to Pay markers and a default from my credit report. I have an outstanding balance of £3486.90 with Link Financial who took on the account from Barclaycard in February 2015. Barclaycard applied markers to my credit report from April 11 to February 15 when they marked the account as settled, following an SAR it doesn't appear the account was ever formally defaulted. I was on a DMP until recently when I sent a section 78 request to Link and stopped paying. They did not comply with the request and subsequently issued a default notice. There is a note within the documents received following the SAR request that would indicate that the debt is unenforceable. I am looking to obtain a mortgage in the summer and these two accounts will prevent me from doing so. Should Barclays have defaulted me when I missed 3 month payments? Can Link default me as they aren't the original creditor? Should the debt be removed from my credit file as it's over 6 years old since I breached the original T & C's? How do I go about remedying this? Thanks.
  5. hello everyone. just started this thread for a colleague, who needs some advice and is not very good with computers. history of debt Barclaycard credit card 01/2008 debt management 08/2009 arranged with Barclays a reduced payment plan which was accepted while on the debt management plan. PRA GROUP was assigned the debt from Barclaycard 08/2015 Last payment made 02/2018 Name of the Claimant ? PRA Group Date of issue 17/01/2019 What is the claim for – 1.The claimant claims the sum of £1834.29 for an outstanding debt owed. 2.On 22.01.2008 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference ….. 3.On the 06/2018 the defendant defaulted on the agreement with an outstanding balance of £2019.29. 4.On 17/08/2015 the debt of £2301.02 was assigned to PRA Group(UK) Ltd. Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925. Payments of £434.52 were received up to 06/06/2018 and adjustments have been applied in the sum of £32.21. 5.AND THE CLAIMANT CLAIMS 1. The sum of £1834.29 A Barclaycard CC debt £1834.29 + court costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (pre action protocol) ?Yes What is the total value of the claim? £2019.29 what is the claim for:Barclaycard credit card When did you enter into the original agreement before or after April 2007 ? 01/2008 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?NO Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.Debt purchaser PRA Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't remember receiving this information Did you receive a Default Notice from the original creditor? No, after ringing Barclaycard they claim that the account was never defaulted. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Just letters from PRA stating you are behind with your payments Why did you cease payments? Got into financial difficulties What was the date of your last payment?06/02/2018 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I was on a debt management plan He has done the AOS on MCOL. CCA request ready to send to claimants CPR.31.14 ready to send to claimants solicitors Any help and advice appreciated. Donation will be made thank you
  6. Good afternoon, In a nut shell. Opened a BC CC in Mar 2003. Missed a few payments which meant that i incurred Over Credit limit charges. Over the course of the next 14 years, it escalated. Despite missing payments and over credit limit charges, BC doubled my credit limit on 3 occasions, June 2009, March 2011 and March 2014. Leading to more financial trouble for myself which was impossible to get away from at the time. Finally got back on track in 2018 and managed to clear the balance, but still incurring interest and some charges. Prior to each limit increase, my record with them was nothing short of abysmal, missed payments, over credit limit, when i did pay i was rarely over the miniumum payment. 38 missed payments and 48 over credit limit from 2009. My question is, do i have a claim against BC for irresponsible lending? Regards G
  7. I ended up with 3 debts to Barclays bank - Premier Card / Overdraft and Select loan.I challenged Barclays on the way that they had been charging interest on my Overdraft and Select Loan. Very good news they did not challenge me back but simply sent me letters saying they would be writing them off. I have written to Robinson Way who now hold the Barclays Premier Card debt asking for my terms and conditions / interest rates/ how Barclaycard applied them to my account. Barclaycard have supplied a copy of the original agreement but have said " WE ARE UNABLE TO SUPPLY THE HISTORIC AND VARIED TERMS AND CONDITIONS " My question is whether they can refuse to supply these details ? Many thanks in advance for your kind help
  8. Hi there, Looking to see if someone can give this CCA and accompanying letters a look over, I sent a CCA Request to PRA Group and got the attached back from them is it all there and legit? This is in regard to a recent agreement. Thanks in advance. Barclaycard Letter Redacted.pdf Barclaycard Base CCA Redacted.pdf Barclaycard CCA Redacted.pdf PRA Reply Redacted.pdf
  9. I have a credit card debt with Barclaycard dating back to 2014 and have not made a payment or been contacted by them for at least three years. Today I received a letter stating they are making a refund of £75 being an "inconvenience payment" and asking for a contact telephone number my bank details and a signature so they can make the refund. They also state: "We are now closing your account and do not require any further payments in relation to the outstanding balance. Your account is partially settled this means although there is still an outstanding balance on your account you won't need to make any more payments" Is this a fishing exercise to get my details and confirm the debt or is it genuine? Sounds to good to be true:???:
  10. I have/had a disputed figure with Barclaycard, which they either sold or passed to a DCA (different letters state different things). Neither Barclays or the DCA have had the nads to pursue the disputed figure through the courts and as I haven't responded to any of their nice "please contact us, we will do everything to help you" letters, I have under a year to go till the Statute of Limitations (SOL) kicks in. A couple of weeks ago, I received a letter from Barclaycard, apologising for their their being less than fair on me when I was a customer, and awarding me a couple of hundred quid by way of restitution for the fees, interest, arrears, and threatening behaviour they inflicted on me over the years. It went on to say that as I have an outstanding debt, they would pass the money on to them to deduct from my account. Which, as it isn't an admission of unfairly charging extortionate fees and interest per se, I am pretty sure the money should have been paid to me, not the DCA. And if they sold my "debt" to the DCA, as they have stated in the past, then they wouldn't have had any further claim on my account. Of course, the letter went straight into the shredder and into the recycle bin. Then at the weekend, I received another letter again saying they may have treated me less than fairly, and saying they were going to pay £75 IN CASH no less, to me personally. There was an enclosed form for me to send them details of my bank account to pay the money to. Well, whoop-dee-doo! I'm going to be £75 better off. Or am I? The problem is with the SOL. If I return the form to have the money transferred to my bank account, can they misconstrue this to be me making contact with them regarding the disputed outstanding figure, and reset the SOL again? Is it best to err on the side of caution? £75 isn't a huge sum but after being turned down for PIP after being on (undisputed and indefinite) DLA for the last 6 years (another story) it would certainly come in useful.
  11. Hi guys, new member here, with a situation which I thought seemed very wrong - I hope somebody can advise. 3 years ago I defaulted on a small barclaycard, which with interest and fees went from the £1500 limit to nearly £3000. The debt was sold on by Barclaycard to Robinson Way, and is now held by Hoist. I have an agreement to pay the debt off which works fine for me - I don't even notice it. I recieved a letter from Barclaycard a couple of days ago, where they own up to malpractice with fees and interest charges. As a result of this malpractice they have issued a compensation amount of just over £500 - great! The problem is, they're issuing that to Hoist as a credit on my account with them. I have a real issue with that. BarclayCard committed these malpractices against me, and I think that as such I should recieved the sum directly. My situation with Hoist is nothing to do with Barclaycard -- they certainly shouldn't be allowed to issue compensation for malpractice against myself, and give it to another party. I think at least anyway. Would anybody be able to advise on my rights here? I've been in touch with Barclaycard and got a very insincere apology from a talking head, who says that they definitely can't send me a cheque - who'd have thought a bank can't send a cheque?! thanks in advance Andy
  12. Hi thanks to a member on here telling me to CCA Barclaycard I am looking for help. What makes it unenforceable I keep looking and some people say they have to produce original paperwork, others say they can send a revised one, being taken out in 1999 does it need to show my signature? Any help would be more than appreciated. X
  13. Hi all...some advice needed. I originally put a ppi claim in against barclaycard in 2011 using a claims company which after about 2yrs was rejected. Fast forward to 2016 and I received a letter from barclaycard stating they were reopening my case. They asked me to go online to their site and reapply.. Which I did with no reply. I went back online last week and reapplied again. Received letter Monday saying they were sorry that I had to reapply online again and they would look into it straightaway. Received letter today rejecting my claim as the policy started in 1996 and ended in 2001 and seeing as I applied by post they didn't give me any advice on it. I made my own decision whether I required the the policy and could have benefited from this. Has anyone had any success after receiving one of these letters from barclaycard and if so what should I do now... Oh and they state I carnt make a plevin claim as the policy Was signed for before April 2007 but closed before 2008
  14. Does anyone have a Barclaycard application form from 1990 please? I know it's a long shot, but sadly the copy they have sent me is unhelpfully more or less illegible for the relevant section, and I need the exact wording. What I can discern from it reads like you have to indicate in the box to opt out, rather than the usual indicate to opt in. The final sentence appears to say and the section is titled Here's how it looks:
  15. Hi Guys, A friend has just received a letter today from Hoist Portfolio regarding an application for a Charging Order on his property. This is regarding an old Barclaycard debt for approx 7K which was sold on to a DCA. At the time I was helping him him with it and the DCA failed to produce a enforceable CCA (Barclaycard circa 2001). He then put the account into dispute. Now, he claims that he knows nothing about the CCJ , so we checked his credit file and yes he has one from 2 years ago. If he had seen the claim form he would of defended as I was helping him with it. Oddly enough the claim form states land at back of property, not the house - he just has a normal small garden. Property is in equity and jointly owned by him and his wife Thanks in advance for your help guys
  16. I want to send a SAR to barclays about an old egg card I had which they now own. The address I have is: Barclaycard Customer Relations Dept PO Box 9131 51 Saffron Rd Leicester LE18 9DE Is this the correct address to send the SAR? Many thanks!
  17. Hi Guys. Please can someone help me with this? A little long, but I will try to be brief. In 2009 I had a Barclaycard. I made regular payments and everything was fine until my situation changed a lot and I was unable to pay . I did the wrong thing (many would say) and just buried my head in the sand. I got various reminders, letters, and default notices and in 2011 I (some would say foolishly) wrote to all my creditors offering token payments including Barclaycard . I paid £1 a month for 16 months. The last payment was in February 2012 when I moved and genuinely forgot about it. Then I started receiving letters from Cabot (I think) who’s very first letter in January 2014 was to tell me I was in default (amount was £346). I received letters on what seemed like a monthly basis before the letters stopped and I started receiving letters from another company and then Robinson Way. All letters demanded payment of £346 until recently when they tried offering me reduced settlement numbers, but all of which would mark my credit file as ‘partially settled’ so no point. I have NEVER responded in any way to any letter since my last payment to Barclaycard in February 2012. On checking my credit file on Monday this week, I noticed what I will call an ‘oddity’. Two entries, one for Barclaycard saying ‘settled’ and the balance of £346 in February 2013 and a separate entry for ‘default’ to another company for January 2014 and the amount of £346. My questions. Am I correct that the original debt with Barclaycard is now statute barred as it is 6 years since I heard from them, responded to them or made any payment to? And my second question, can a company I never had any contract or agreement with put a default on my file a year after I last dealt with Barclaycard? I am guessing Barclaycard sold the debt and whoever bought it sold it on and so on?
  18. I have found that Barclaycard/ Stonebridge had been charging me for an accidental death insurance I did not want or apply for some years ago as being self employed and working at heights I had to carry my own special accidental death insurance. I have contacted both companies in March 2017, they passed me back and forth until late last year with no result other than an offer of £25 from Barclays and £50 from Stonebridge which I did not accept. In Stonebridges case they wanted me to sign a form saying that the payment was in full and final settlement which I found strange. I went on to make a claim through the Financial Ombudsman, but they were about as useful as a chocolate fireguard. They have just come back to me to say they cannot help. My question is should I now make a claim on the small claims court and if so who shall I make the claim against as I do not want to get bogged down between the two companies again. Any advice would be welcome. I have full documentation and a sequence of events if that helps. Many thanks for any help.
  19. Hi I am looking for some help in identifying what the correct default date should be on an old debt from Barclaycard. I went into arrears on a Barclaycard account during 2011 and the debt was transferred to IDR/Link Financial Outsourcing in March 2012. There was no default issued to the credit reference agencies by Barclaycard before it closed the account and transferred it to Link, who subsequently registered a default in September 2012. However, having gone through old paperwork whilst preparing a CCA request, I have found a default notice (section 87(1)) from Barclaycard (via Mercers) in December 2011, i.e. before it was closed and transferred to Link. In addition, I also received a default notice from Link in September 2012, just before they registered one with the CRAs. The default is still on my files and is due to drop off this September. I believe the correct default date should be the December 2011 one, as that is when Barclaycard sent me a default notice and 3 months before they closed the account and sold it to IDR/Link. By September 2012 I had also been in arrears for around 1 year, which I think is too long before a default should be registered under ICO guidelines. However, I am not completely sure and have the following questions: 1. Must the creditor register a default when they issue a section 87(1) default notice? 2. Can the debt be sold to a third party DCA without a default being registered? 3. If yes, can the DCA subsequently issue its own default notice and register a default? 4. Related to questions 2 & 3, can I be issued with two section 87(1) default notices (I am aware that it is not allowed to register a default twice but not sure if this is the same thing). The debt is not settled. Clearly, if I get the default changed to the earlier (and I believe correct) date then it will drop off my files. Any help gratefully received.
  20. Hello, everyone. Barclaycard were chasing me for a debt I didn't recognise, and I asked for a copy of a credit agreement, which they couldn't produce. They then set Robinson Way on me, so I sent them the letter explaining that an unacknowledged debt in Scotland is extinguished after 5 years and received a couple of letters informing me that they'd passed this on to Barclaycard, and eventually Robinson Way closed the account. I can see on my credit file that the Barclaycard account is marked as settled, but the Robinson Way one, which is called Hoist Portfolio Holding 2 Limited is showing as defaulted. The default is due to drop off on 15/08/2018, so will that whole entry on my credit file drop off, too?
  21. Hi all, I'm totally new to all this and have had a situation develop over the last 6-8 months where I was unable to pay my credit card bills. My credit was 12k, I ignored it for a few months while dealing with some family issues. I got in contact with them in January and set up a plan to catch up over a 3 month period at £600 a month, I made the first payment but failed in February when I had to take weeks off dealing with my older brother (45) passing away and needing to help my mother through that process. When I called to tell them they told me the card was now cancelled and they were going to pass me on to a debt agency. At that point, I said I'd prefer to deal with them if possible and have every intention of catching up and paying the card off asap, they gave me 30 days to contact them again. I am approaching the end of that period and have made very little progress. There is good news that I've interviewed for 3-4 diff engineering positions and should soon be back earning 5-6k a month. I guess my questions are in my position what is the optimal approach to clearing this debt, my instincts of guilt say deal with Barclaycard and plan on paying the full amount back. I also fear the debt being sold and some horror story of dealing with that. Is that logical? Would I actually be better off having them pass it to a third party? All in all, I'm just a bit overwhelmed by it all and want to have it sorted. I should have started looking for work sooner, I've been self-employed remotely in a weird industry for the last 10 years that's shrinking and I tried to hold on too long. Through old military friends, I feel very very confident I will be working soon. Any help on how to approach my next call to Barclaycard would be very welcome! Sorry for the long ramble, I am just super clueless with all this and never expected to be in this position.
  22. Hello all, Long story short. Put in for PPI and won. Paid off substantial amount on my credit cards. 1 month later received letter from B/card telling me they “realise” I’ve had a b/card for some time ( 12 years actually) at my current non uk address. They are going to cancel card as I’ve not got uk address. Is it legal for B/card to break their terms and conditions yet I have to comply, which I did when I told them of my non uk address. Seems strange that for 12 years they were quite happy for me to have their card but now due to paying off a huge chunk I’m now penalised. Any thoughts if this has happened to other expats and are B/card in breach of their own rules?
  23. Hi guys I'd like your thoughts on this. I have a Barclaycard / ex-Egg account - that defaulted back in 2012. In middle of last year it was sold to Hoist and then Robinson Way came chasing. It's a familiar story. Last payment on this was February 2012 (default was Nov. 2012), so I'm thinking "you sods!". I sent CCA request which has taken them months to comply with (I have all the time in the world!). I finally received a recon from them this week, with an I&E sheet attached and 30 days complete it (keeps clock ticking ). Reading between the lines, I don't think they have a clue when this agreement commenced, but nor do I, to be honest. There isn't a date specified anywhere. On the bottom of the Egg recon it states "04_2006", but this only appears to be a copy of T&Cs, so probably isn't a compliant recon anyway. They certainly don't appear to have a copy of the original agreement, so from that perspective, I'm hoping this account is from pre-April 2007. All I know is that it's from around that time and could well be 2006, or could be a year later. With the six year anniversary of the last payment coming up next week, I'm hoping that I'll also have the SB option in my locker too. I'd prefer to eat up another few months though before I would feel confident having to rely on this should they issue a claim. I don't know if it affects anything, but I did enter into conversation with one of these Dor-2-Dor callers a few months after the last payment - they called to the house and caught me on the hop. How would you recommend I respond to the recon they sent me? I'm ideally looking to string them along for a little while longer if possible, although they might even keep sending begging letters for a few months without any form of prompting anyway. Cheers! Sham
  24. Hi there. Just on the off chance my husband sent a request to Barclays to see if he had PPI on any of his cards. It turns out he had it on his Barclaycard Mastercard from Sept '97 until Dec 2004 and on his Barclaycard Visa from Sept '97 until Aug 2015. What would be our next step forward please? Thank you.
  25. Hi, I have a mediation planned with regard to a small claim issued against me by Howard Cohen solicitors on behalf of hoist portfolio that I have a few questions about that I would like help on please. A bit of back ground information.. The debt for £2900 was originally passed to MDKP LLP in November 2014, the account was then assigned by MKDP LLP to their client Hoist Portfolio in December 2015. I had a payment plan set in place of £50 per month and made payments reducing the total outstanding to £2000, in around June of this month i fell in to difficulty and missed a couple of payments, I called and explained and was asked to provide an income and expenditure to show what i could afford and was told they would send me the appropriate paperwork for me to fill in. Approx 2 weeks later I received a small claims pack requesting the sum of £2000 + costs so roughly £2200, I called Hoist Portfolio and explained I was waiting for an income and expenditure pack and was told by a rather snotty woman "its too late now, we will not accept any payments on this account no matter what you send in to us, we have forwarded this now to our legal department and we are taking action against you" I was then told it would be easier in the long run if i accepted the action and waited to see what the judge asked me to pay, I thanked her kindly for her useless information and hung up! I followed directions that have been posted on here and clicked defend all and sent the pack back, but first i sent a CCA request and a cpr 31.14 both went unanswered, I then submitted my defence on the last day i was allowed and its posted here. Particulars of Claim. 1.This claim is for the sum of £2000 in respect of monies owing under an Agreement with the account number xxxxxxxxxx pursuant to The consumer credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served 2.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 3.The Claimant claims 1.The sum of £2000 2.costs 1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is accepted. In that I have had financial dealings with Barclaycard in the past. I do not recall with any precision the agreement the claimant refers to and have therefore sought clarity by way of a CPR 31.14 and CCA section 78 Request 3. Paragraph 2 is noted but again I have no recollection of the agreement or whether a Default Notice was ever served.The claimant is therefore put to strict proof to disclose the default notice its claim relies upon. 4. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974, by way of a section 78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant did not respond and is and remains in Default of said s78 request. A further request was made via CPR 31.14,* requesting disclosure of documents on which the Claimant is basing their claim. The claimant has failed to respond and to comply. 5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show and evidence the nature of any breach and Default Notice; c) show how the Defendant has reached the amount claimed for and; d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed. 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the consumer credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. When I submitted i ticked the mediation box, I was surprised to receive a response back that the claimant also ticked the mediation box and i now have a meeting planned next week for a one hour time slot on the phone. Since setting up the mediation I have received a pack from howard cohen with some old card statements showing the balance at £2900 from barclaycard until MKDP took over the debt, a reconstituted credit agreement with no signature of mine on or anyones for that matter, a couple of default notices and a notice of assignment. Now what I find strange is the very footnote of the letter i received states the client will consider allowing me to repay the debt by installments for the outstanding balance on sight of my income and expenditure details and payment offer and states an arrangement can be formalized at the above mentioned mediation. I just dont get why they would not entertain my offer before yet once i click defend they now add this footnote or is this a standard comment that they put knowing full well unless i pay the full amount upon mediation they will pursue me through the small claims court? When I spoke with the lady who set up the mediation appointment she implied most cases dont end up being settled with the full balance being paid and kind of pointed me towards offering less than the £2000 they are asking for, not sure why she did this tbh. My questions are, 1.are they nervous because they have no proof they own the debt? 2. what kind of payment plan should I offer initially expecting to have to go up a bit to where they want to meet me? 3.lastly realistically what are my chances of getting something set up without having to go to court and get a CCJ using the mediation process? Thank you and sorry for the essay just thought it would be easier if i added all information i held.
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