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  1. Hi, Been on Forum for ages and managed to win all but one claim that has been brought against us with advice from here. However, this one is confusing me a little as not had to do it in a while. My wife had a Marshall Ward catalogue taken out in Aug 07 so after the April changes, everything was fine until 2012 when we got into a bit of trouble one thing led to another and she got defaulted, in 2013 Capquest aquired the debt, we CCA'd them, they sent a recon agreement and then all went quiet. Oct 2016 my wife starts to get letters again from Capquest and now passed over to Restons. We have SAR Shop Direct as we know the account has a few hundred in charges, and sent a pre action letter to Restons. Now I know the Default is invalid on at least one point but the recon CCA that capquest sent in 2013 I am not sure it is complete and correct. I understand that post 2007 CCA have very little wriggle room. I am going to be sending off another CCA to Capquest see if they can get anything this time. 1: Dates, it is dated by them nearly 4 months before the account was opened. Is this valid? 2: It has a term under key information that says "Details of up to date charges in relation to each of these matters are available from us" . They never sent anything relating to the charges mentioned within the CCA, do they still have to include everything mentioned? 3: Final agreement, again is dated 2010, the account was terminated in 2012, are these correct 4: Neither agreement has a tick box just a sig box, Is this right? Does any one have a copy of the original T & C's from Marshall Ward Spring 2007 and ISME from Autumn 2012, I am sure I have seen somewhere that the 2011 /12 agreements actually mentioned the £12 default charges whereas the agreements I have don't.
  2. HSBC credit card. Opened 22/10/2012. Defaulted 14/04/2015. Sold to Westcott then to Arrow then to Moorcroft then finally to Capquest!! CCA request sent 28 October with no reply yet. Yes, my partner is in a bit of a pickle with his finances!!
  3. Good evening, I got a letter today from capquest saying that have sent my account to Restons Solicitors and that they will be in contact with me soon. The debt is for Littlewoods for £1372.00. The reason I got in debt was due to illness and I won't be available for work for the foreseeable future, I am on ESA and can only afford to pay them a small amount as I am debt with other companies. I have read some horror stories about Restons, taking people to court etc and I want to avoid this if possible. What is the best way to go deal with this, I know they are not a DCAicon as such so I am not sure where to start, other DCA's have accept low monthly payments. Thank you in advance for any advice etc.
  4. first of all, hello I'm new on here secondly, sorry for the slightly silly title this relates to a student loan from way back in 1992. It was deferred for many years, when it transferred from SLC to Erudio I noticed that £9 a month was coming out of my pay packet. I was earning below the threshold but decided to just let it happen, it was only £9 a month and not worth kicking up a fuss. That continued for a couple of years and then suddenly it stopped. No explanation or anything from Erudio about what was going on. Again, I just left it, what the hell I thought. There was then a gap of maybe a year during which I heard nothing from Erudio. Then out of the blue about 6 months ago I got a letter from them saying my loan would now be managed by Capquest. No explanation as to why. Nothing from them saying I was in default or anything, no arrears either. Capquest then start hounding me for the money. Its about £500 I owe. they wanted all the money, there and then! They wrote to me and phoned me. They wanted to know what car I have, what mortgage I have, how much my wife earns. They said I could not defer even though I earn well below the threshold. In the end I agreed to carry on paying £9 a month to them by direct debit. Its not the end of the world but I do feel like they've pulled a fast one on me. My loan is 24 years old. I long believed it would be written off at 25 years. Have they just knocked that one of the head for me between them? I had a statement from Erudio last month which clearly states I have no arrears. Yet when I emailed Erudio asking for a deferment form they said my account with them was terminated and I could only deal with the horrible capquest. Sorry for the ramble. Like I say its not the end of the world for me, I just feel like I've been conned a bit by them, and any thoughts or advice would be very much appreciated.
  5. Hi, I'm typing this from a tablet so it will be to the point. I got several texts from this company trying to bluff me into ringing them so I googled them, saw what they did and decided to ignore them. Next arrived 2 letters saying that I owed them £24,000 for an account they bought from HBOS! I've never had any accounts with HBOS and I do not know what the heck is going on! I've read that these parasites are in the business of phishing for debts etc. What can I do? Is there a letter I can sent them to get them to feck off? Thanks! Norm
  6. Hi, New here and any help will be appreciated! i've recently discovered that Shop Direct have taken out 2 CCJ's against me for an account that i never owned. One of the CCJ's even has the wrong DOB on it - crazy to think the court never picked this up! i need to know what actions i can take to get rid of these CCJ's - ive just got off the phone with Shop Direct who say they will not treat the accounts as fraud as the items were supposedly delivered to my house and a few payments were made. I had never even heard of Shop Direct until a couple of weeks ago and certainly never had any goods off them or paid them anything! First CCJ: Recovery Agent - Lowell Amount - £2976 Account Start Date - not know as its not on my credit file however on the phone i was told it was in 2008 CCJ Date - 12/08/14 Second CCJ: Recovery Agent - Capquest Investments Amount - £1038 Account Start Date - 13/05/2008 CCJ Date - 11/09/14 Has wrong DOB on it What i need help with is the best course of action now as ive heard by filling in a Subject Access Request Form and requesting the information held on me, this means i am admitting the debt and can open up a can of worms. ive reported the fraud to the police but Shop Direct were not interested in that when i told them. i dont want to call up the debt collection companies as again they are extremely unhelpful and unless i know exactly what to tell them that will open up a can of worms too. Thanks
  7. Hi. First of all, thanks in advance for any advice. Today, out of the blue, I received this text: "Message for ...... we need to speak with you today regarding a personal matter. Please contact Capquest on.... quoting ....." I did a quick google and found out they are a debt collection agency. I have no outstanding debt that I know about. About 20 years ago I had a few small debts I didn't pay, but over the years I have paid off all the ones I found on Experian etc. About 5 years ago I started rebuilding my credit score. And 2 years ago I bought a house. My credit score is currently good, I have no CCJs or outstanding debts on record as far as I can tell. I now have no trouble getting credit cards or loans etc. I can only imagine this is either a mistake, or they have bought some old statute barred debt and are trying their luck. If it was just me I would ignore it. However, I am now living with a partner, expecting a kid, and have a mortgage so I want to play it safe. Can you please give me any advise on how to proceed with this? Thanks again! J.
  8. My stepson has received a claim form from capquest which he believes is for a loan he had with Halifax we have checked his noddle and Equifax file and nothing is showing up Issue date 31st march 2016 Name Of claimant Capquest 1) The claim is for the sum of 11k in respect of monies owing by the defendant on a credit agreement held by the defendant with Lloyds banking group under account number 1234567 upon which the defendant failed to maintain payments A default notice was served upon the defendant and has not been complied with 2)by virtue of a sale agreement between Lloyds banking group and the claimant who has a genuine commercial interest The defendant has been notified of the assignment by letter Contact Drydensfairfax solicitors What is the value of the claim? 11k Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Bank loan When did you enter into the original agreement before or after 2007? not sure 2006/2007 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 Were you aware the account had been assigned – did you receive a Notice of Assignment? NO Did you receive a Default Notice from the original creditor? not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments? split with wife then made redundant What was the date of your last payment? approx. July august 2009 however it could be as late as November 2009 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? no How do we defend this as I think it is statue barred (if that's the correct word ) Thanks
  9. Hello Everyone, It all bagan when i received a letter from drydeensfairfax solicitors dated 29 February 2016 in regards to debt owed to Lloyds Banking Group. They said they are acting on behalf of Capquest investments Limited for an outstanding amount of £23926.23, i've enclosed all correspondence between me and them to help you guys understand, as i do not have very good education to be able to write very well. The Account number from the solicitors and the account number from capquest are different, the CCA sent is from Hailfax insted of Lloyds Bank, and the statement had no letter head to show where they came from. Any help will be appreciated Thank you guys. docs1 .pdf
  10. :-)Hi Have 2 NatWest credit cards taken out about 1995/1996 - on which I have been making token payments of £2 per month which just jogs along. £1400 outstanding on one card - £2200 on the other card. Token payments commenced about 2 years ago as lost job due to illness and have not worked since. I am 65 and now have heart failure problems - so trying to sort out affairs in case of further problems. I know I should CCA them - but what then. Do they write off debts? My GP can confirm my health position. It's crazy really - we all bailed out NatWest during banking crisis to the tune of some £20K+ each - so in effect they owe us! Your advices how to proceed would be greatly appreciated. Would it help to go through Citizens Advice or similar? Let me know what you think.
  11. I have had correspondence over the last 3 months initially from CapQuest and now from H L Legal. Are these two firms one and the same?? I'm also concerned that they have both written to me at 2 addresses, one prior and one current. I have never given them my current address, so am not sure how they got hold of this. However the problem I now have is that I asked CapQuest for my CCA and paid £1 which they have cashed. I have not received any documents from them now received a letter from H L Legal threatening court proceedings without further notice. This is a very old credit card debt and up until November last year I was paying a monthly sum. I never cancelled my direct debit but for whatever reason CapQuest did not take any further payments. I don't want to just send payments now, so can I tell H L Legal that the account is in dispute. Thnx.
  12. Hi, would appreciate some advice if possible. History of this debt - Original Creditor: MBNA Date of agreement: 12/10/2005 Current owner: Arrow Global Current balance: £4223.87 Default date: August 2010 Last payment: 2013 (?) DCA: Capquest Current issue - Got married a few months ago and have changed surname, found CAG and decided to sort my act out. Recently sent CapQuest a CCA request (using CAG template), trying to get things sorted. Before they even received it my neighbour popped round with a letter they had incorrectly sent to her address. She'd also opened the letter as CapQuest had called her home and worried her. I was fuming about the phone call, they obviously searched the address for a number, if they's taken 2 minutes to check my credit file they would have my correct address, and sent them a letter to complain their only response so far is to request confirmation of my name change (valid request in terms of data protection I think, but I refuse to send them any of my ID). Wondering if there's any advice on the following: As I want to get a clear CCA request response (do they have it or not) I understand the need to identify myself, should I provide this to the OC or the current owner? Would appreciate an opinion on my draft response to CapQuest please - Thank you for your letter, dated 27th January and received 29th January. In your letter you request confirmation of my details. Due to the nature of my current complaint and your companys inability to appropriately check and manage data; I am reluctant to supply you with identification documents. As such I am writing directly to the original creditor (MBNA) of the alleged debt with sufficient identification to reflect my change of details. I f relevant to your desire to contact me I am sure they will pass this information along in due course. I await your response to my formal complaint (letter dated 20th January), the main points of this complaint are stated again below for clarification: 1. The letter received disclosed alleged debt details, nature of contact and amount, without any attempt to be ensure that “data and information used in the identification process is, to the best of their knowledge, accurate and adequate”. This failing may relate to CapQuest or their client. 2. CapQuest also somehow obtained the telephone number for INCORRECT_ADDR and contacted them about the account number above, which contradicts the intended recipients right to privacy. Attached file is a copy of my complaint letter and their most recent letter. Thanks for reading Capquest_name_confirmation.pdf
  13. Hi All This Is my first post and would greatly appreciate any advice. I have had a claim form from the county court business centre which says I owe £10,000 to capquest/drydens for a Lloyds credit card debt back in 2009. It also says I have been sent a default notice, which I have never received. Unfortunately my wife had a stroke at the time and I had to take time out to care for her. I was paying only token amounts. I am now employed part time and have managed to catch up with my mortgage, c/ tax arrears etc. I had set up a payment of £5 pcm with capquest. I wanted to do a direct debit, but capquest asked me to set up a automated card payment every month. I have found out that was stopped because my debit card was renewed I don't have any paperwork for the debt, should I request paperwork from capquest, the issue date was the 7th December. Any advice would be greatly appreciated. Best Regards Richard. I have already made a donation and will make more when I get the funds. What a fantastic site.
  14. Hi everyone, I'm a newbie on here (2nd post) and think I just made my first school boy error - spent hours (literally) tying up my obviously massive story, then go to post - and I'm timed out. Lesson learnt. So I'll attempt to be as succinct as possible this time but it's nott an easy story to tell, so bear with me pls! I initially incurred debt with RBS in 2002 after losing my Father. Things are a bit foggy about that year or two in my life but I accept I incurred a debt of around £3,000. After a few negotiations as I remember, the debt was passed to a collections agency - Wecott Debt Recovery. I made an arrangement with them to repay the debt. A debt which I have not defaulted on in one single month in 11 years to date. The debt now stands at just under £400. (Now the interesting bit!).... In March 2006 I start receiving really quite offensive letters from a company I had never heard of until then. Namely Capquest. I know for a fact that - silly as it seems - I did make erratic one-off payments to them over the years that followed and as the tone and frequency of their actions seemingly had no limits, I even had my poor Mum make a payment or two for me. Not because I asked her - but because they began to phone my Mother's landline and speak to her about my debt!. Then my 88-year-old Grandmother started getting the calls too...:mad: I eventually made more payments to them but only on the basis I was disputing the entire debt and that it be put 'on hold' until sorted out properly. This was some time in 2009. This managed to keep them quiet - despite the odd phonecall or letter - for a time. In early 2011 I start getting mail sent to my Mothers address again. The threatening stuff; doorstep collections; court action; 'freezing of my wages' etc. I got on the phone to the bunch and set things straight. I spoke to a senior manager (whom I won't name...yet) who explained he had looked over my account and although I wasn't to 'get too excited' - he thought I had made an overpayment and might be entitled to some form of rebate. This did actually make sense and I did believe this guy's sincerity. I agreed to speak with them in depth (Capquest). It turned out they didn't have a clue about pretty much anything. Nothing other than they represented RBS (their client) and the debt (of just over £3,000-odds) had been sold to them in 2006. Exactly when the letters and phonecalls started.... At this point I decided I needed to do some serious research on my own. The obvious thing that stood out to me was the potential for RBS to have mis-sold (illegally????) my 'debt' information onto a 2nd collections agency (remembering I had a flawless arrangement in place with Wescott for this very debt since early 2004). The more phonecalls I made and letters I sent, the deeper this story seemed to go... Wescott Opinions:Flawless Client who took on his debt and repayed by s/o as agreed & on time Capquest Opinions: Quote(!) 'Wescott have been paying us. You make payment to them, and they make payments to us'. I'm beyond confused. I write directly to RBS demanding answers. I get a one page response saying effectively that are not legally obliged to provide any information regarding the account as it's been over 6 years since the inception of the debt. They're not even obliged to tell me how much the debt had initially been. Onto the Ombudsman. I write a HUGE report detailing everything (even more than I've rant on here). I get a message back to say they can't entertain it (the 6 year rule again). I write an appeal and ask that they read my report in full and consider that the case is not over 6 years old but that it is ongoing - as I am still receiving threatening letters. They reply they have reconsidered and take on my case. :T It's almost 5 months later and despite keeping in touch with the Ombudsman, it's taken this long for them to investigate it. I got a phonecall from the Ombudsman last week. They explained RBS wanted to make me an offer. I got excited - I thought this had all paid off, all this stress and worry - but I needn't have been. The offer the Ombudsman had was from RBS directly and was simply 'to nulify the debt'. I made it politely clear I rejected their offer. The Ombudsman acknowledged this. NOW THIS IS THE BIT I NEED A HELP WITH; I heard from the Ombudsman at the beginning of this week. They say the only way they can make the financial aspect of my offer more preferable and recoup my overpayments, I must provide receipts of the transactions made directly to Capquest. This is just not possible. I have spent days speaking with my Banks callcentre, I've even been with an appointment with my Bank manager who could see my predicament, buy couldn't help me out. The receipts the Ombudsman is requesting is simply impossible evidence to request. I've now been told I have one week to provide this evidence before the Ombudsman rules. Can anyone who has read this post (and thank you anyone that has!) advise on ANY aspect of my situation? I can't explain how frustrating it is to almost have won my battle after all these years - but be just a piece of paper away from losing it al too. Has anyone else been in this position? Has anyone taken court action against a Bank in this kind of circumstance? Clearly, ANY advice is very greatly appreciated! Sincerely, Openwater
  15. My other half was paying monthly for an old debt to Capquest. On 20 October she received a letter from Capquest stating, " Thankyou for your payment.Your account is now closed. We`ve updated your credit file to show your account as fully satisfied. If you have any questions contact ............etc" She stopped making payments. Fast forward to 9th December and she gets another letter from Capquest saying "The amount owed £90.60 and that as of 9th Dec Capquest will move the management of your account to drydens Fairfax solicitors .As a result drydens Fairfax will contact you shortly regarding your continiuing payments." What is this all about????? Thankyou for any advice.
  16. Dear forum members, I'm looking for some advice on the next steps I need to take with two companies, Robinson Way and Capquest. I have three debts, two with Robinson Way and one with Capquest. The two with Robinson Way are Welcome Finance and Barclaycard and the one with Capquest is Royal Bank of Scotland. All three of the debts have been ongoing for approximately six years and some payments have been made to all three. They have been passed around several DCA's during their existence. And, regrettably, I have often ignored them. However, after the recent letters I have received concerning them I want to do something about them. I know it should have been something I should have tackled earlier but I can't change that now so I hope I can get some advice here. I have been reading around some articles but I am a little overwhelmed by the amount of information on the forums. I'm not sure if some or all of the advice applies to me. I am happy to provide further information and know that I will need to do so in order to receive help from people but I am unsure what to provide at this early stage. I have read about an SOA (Statement of Affairs?) but I would appreciate any help an experienced forum member might be able to offer. Thanks for taking the time to read this! And this is also a copy and paste of a message I put on moneysavingexpert but I wanted to 'reach out' to as many knowledgeable people as possible, so sorry if some people are reading this twice.
  17. Oh dear things go from bad to worse I have just found an unopened letter from courts judgement for claimant in default this is date d the 4 th Dec and I haven't replied as just opened the letter this is for a diffrent debt I am in a lot of debt I won't bore you it's same old problem credit cards to pay mortgage and live due to no work and I am registered disabled now I'm afraid bailiffs will turn up can I still write to courts sorry I'm being a complete pain the claimant is capquest name and address for payment H L Leagal and collections SORRY
  18. Hi I currently have a DMP with payplan. I have an old debt from a marbles card, the account was opened in 2001. This is now owned by Capquest. The account has never been defaulted so im wary about cca'ing them. My other defaults are due to drop off next year so i dont want to upset capquest and risk them defaulting. Any advice would be gratefully received.
  19. Hi All I would be grateful for some advice as to how best to proceed , i will try and make a long story short i got into a mess in 2006 joined a CCCS DMP and paid the majority of my debts off, tbh by 2011 I was exhausted by 5 years of living on the bread line, most of my debts were paid off and there were a couple left with amounts owing which were typically made up of PPI and charges (no i didn't pursue a claim) i gave up and nothing really happened apart from the odd threat o'gram. Stupid I know I have been receiving the odd letter from capquest and ignored them . today i got a ccj claim form for £9000. This i think relates to a RBS credit card debt . the card was taken out in 1995 at the date i started the DMP i owed £12k, this escalated to £16k as they applied charges, interest and PPI charges for 4 years from the start of the DMP, RBS only issued a default in 2010. in total i paid £9K towards the debt and stopped paying in April 2011 so at best i owe them £3k but i do really want to dispute it on these grounds 1) they continued to add charges and interest even though they knew i was on and had accepted my DMP thus escalating the debt and the amount showing does not reflect what was actually owed 2) the issue of the original default does not reflect the date when i informed them of my financial difficulties and they accepted the DMP 3) Capquest are contesting under the name Lloyds banking group and I have not had any correspondence with or acknowledged any debt my questions are 1) how do i dispute this 2) do i have any grounds at all or am i whistling in the wind 3) should i try and negotiate with capquest say offer them 2.5 K for what i think is outstanding - but i would need to pay over a year i really dont want a CCJ as it could affect my future employment prospects any help would be gratefully received
  20. Hi All hoping someone can give me a bit of advice, I had a credit card with Lloyds that I fell behind with the payments. I got defaulted by Lloyds and never heard anything from them after they closed my account. I noticed the default on my account was nearly six years old and thought that it would be wiped off. then I started getting letters of capquest, I denied all knowledge of the debt and then noticed a new default had appeared on my credit file form them. I was under the impression that a debt was wiped after 6 years? please point me in the right direction. many thanks in advance
  21. Sham one folks, please see below a copy of a letter I received from Lowell, I did start to pay this debt via Payplan before I found this forum. The debt is a credit card with Capital 1 for just under £400. I stopped paying and told them I wanted my CCA and my SAR which I still have not received, I was hoping somebody could advise me on what my reply should be, I am also pretty sure that they should not encourage people to pay by credit card e.g., Encouraging people to take out more debt. I also have the same letter regarding an Egg account even though the CCA they sent me is not valid We are disappointed that you have failed to keep up to your payment arrangement that you promised you could afford to repay. We can only assume that this means that you are either UNWILLING or UNABLE TO PAY. If you are unable to keep to your repayment plan or are unable to catch up with your arrears, then we may be able to offer you a greatly reduced settlement discount to clear your account. Should you fail to make contact with us we will assume you are UNWILLING to keep to your previously agreed arrangement and therefore we will have no alternative but to send your account to our legal representatives, Hamptons Legal. We do not wish to take this action and urge you to contact one of our advisors on the following number: 0845 279 7117 PAYMENT CAN BE TAKEN OVER THE TELEPHONE BT DEBIT OR CREDIT CARD
  22. I opened a NatWest account online I have never paid any money into the account never used the account as the bank wrote to me some time ago about some charge applied to the account So decided should stay with my original bank I did not activate the debit card either Capquest have been blocked by truecall should the bank ring they also will be blocked But their letter states owe £330.85 All of it is charges on charges How is best to deal with this ignore capquest and formal complaint to the bank? Will capquest chance this with court?vwould there be a defence if they did
  23. I have received a claim through Northampton court for a very old debt, they claim it is not statute barred as there were payments made a couple of years ago. I thought once a default had fallen off your credit file as it was over 6 years old that it was SB. They've sent me lists of payments made through a DCA. I contacted them and offered payment in installments if they withdrew the court claim, they agreed and then when I sent them my income and expenditure they agreed to take installments through the court as part of the CCJ which I have been trying to avoid. They said they would only stop the court claim if I paid in full now. I explained I don't have the money to pay now or I would. The court claim is very vague and I was wondering if I could defend the claim in some way and then be able to set up payments and totally avoid the CCJ. I have only just seen the default fall off my credit file and to have a CCJ now would mean my credit file has taken a hammering for 12 years (once the CCJ falls off). Any help would be grately appriciated as I don't have long to file a defence now as I've been talking to the DCA's legal team.
  24. Hey, Just looking though my credit file and there appears to be some records on there for both Lowell and Capquest which I really don't recognise. Whats the best way of dealing with this ? is it a CCA first to gain a copy of the agreement or have I got the terminally wrong and is there something else that I need to be doing first ? Thanks Scott
  25. Hello All, Name of Claimant: Capquest Investments Limited Date of issue – 12/02/2015 Defence – NOT YET SUBMITTED What is the claim for – the reason they have issued the claim? The claim is for the sum of £13K in respect of monies owing by the defendant on a credit agreement held by the defendant with Lloyd Banking Group under account xxxx Upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between Lloyd Banking Group and the claimant, the claim vested in the claimant who has a genuine commercial interest The defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors What is the value of the claim? £1313 INCLUDING INTREST Is the claim for a current account (overdraft ) or credit/loan account or mobile phone account? LOAN When did you enter into the original agreement before or after 2007? AFTER 2007 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 has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? NO Did you receive a Default Notice from the original creditor? NO Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial Difficulty What was the date of your last payment? October 2009 Was there a dispute with the original creditor that remains unresolved? NONE Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt mgt plan? YES FEB 2009 Guys hello! help needed i dont know how to tackle this one can someone please help me checked cra and its registered against me, need to know how to defend this one please im not sure if this will be SB
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