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  1. The Ministry of Justice has introduced a shortened list of the new Court Fees for County Court, High Court and Family Court proceedings. In relation to the bailiff section of the forum, the following fees will be of interest: Varying a judgment, suspend enforcement or suspend a warrant of possession £50 Set aside a County Court judgment £255 General Application: £255 (N244) The general application fee (of £255) apply in cases where an Out of Time witness statement has been rejected, and the respondent wishes to have the decision 'reviewed' at a hearing in person. A 'review' without a hearing is charged at £100. https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-court
  2. I need some help I have recieved a claim form off Lowell solicitors through Lowell portfolio for a Very (shop direct) debt of £1,684 I just need to know what options I have for this. They have been sending out letters to an old address which I no longer reside but have somehow got my parents address where the claim form has been sent to. I haven't admitted anything yet to them but wanted to know my options from them and they have told me that it's now £2,040 and needs to be paid off in the next 14 days. They then informed me they could extend this to 21 days but to Avoid a ccj I need to pay it in whole. They bought the account off very on the 12.12.14 Please can someone advise me. I haven't got the money to pay this outright but I'm also in no position to get a ccj that will last 6 years Help please
  3. Just received a County Court Claim form (Northampton) from Lowell Portfolio relating to a debt from 2010. It is for a Lloyds credit card default. It was a stressfull period as I was made redundant from my job and I had a number of financial issues as a consequence .. . not least having to sell up quickly (nil equity), or risk having my home repossessed as I couldn't pay the mortgage. The debt has been passed through a number of debt collection agencies till Lowell took it on a few months ago. I have no paperwork or information so I'm not sure when the actual default happened . .. it was sometime in early 2010 so it probably isn't time barred as I assume Lowells wouldn't raise a court claim for a time barred debt. I assume its not worth fighting this as I can't prove anything . .. however I'm happy to make things as difficult as possible for Lowell. I assume they bought this debt for under £500 (maybe even less as its passed down a few collection agencies) . .. claim is for £3,547 .. . can I make them declare in court what they paid .. .. and agree to repay what they paid for the debt. If I say I have no knowledge of any debt with Lloyds ...what paperwork or contract will they need to provide to prove this debt actually exists. Is there any defence or method of minimising the claim? I'm no longer working, rent my home and have nil assets, apart from a 14 year old car worth £1k. I'm approaching 65 and live off a moderate (very moderate!) occupational pension. Any help or guidance greatly appreciated.
  4. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 01 March 2016 what is the claim for – 1.Claim for the sum of £7015.01 in respect of monies owing under an agreement with account no >>>>>> persuant to the Consumer credit act 1974. 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 persuant to s.87(1) CCA. 3.The Claimant claims 1. The sum of £7017.01 2. Interest persuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 11/04/12 to the date hereof 1416 is the sum of £2177.10 3. Future interest accruing at the daily rate of £1.54 4. Costs What is the value of the claim? total £9702.11 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before 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. Assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure 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 ? Dont think so Why did you cease payments? Divorce and lack of funds What was the date of your last payment? Not sure June 2010 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 plan? No I have filed my acknowledgement of service (10/03/16) and sent a CCA request to Hoist and a CPR 31.14 request to Howard Cohen, no response to either yet (received 18 and 17th March respectively). I am hoping fo some help in filing a defence which needs to be by 2 April 2016, I think. Thanks in anticipation
  5. Please help I received a county claim from Civil Enforcement Limited (CEL) for 225 pound The time spent in the car park was 20 minutes. It is a pub car park in Warrington city centre Was picking up my brother after a night out so I drove into the car park to wait for him. The pub was shut at this time and the car park was unlit so I did not see the signs. I received a PCN in the post but I ignored it (In hindsight , I shouldn't have in hindsight. Oh well!!) and then nothing till I received the claims form in the post two weeks ago and the particulars of claim last week. I have attached the claim form and particulars of claim . Please HELPPPPPP Claim form and Particulars of Claim (CEL).pdf
  6. Hi, I posted this in another VCS BW Legal thread and got a reply suggesting I post it as a new thread in its own right so I have pasted it below. I have what I think is the same letter as many others. It is from BW Legal representing VCS. It is dated 20th June 2016 and says "our client now requires full payment of the Balance within 10 days from the date of this letter, this date being, 30th June 2016, failing which our client has instructed us to commence county court proceedings against you for recovery of the balance. My question is what happens next and what should I do? I am unfamiliar with the County Court proceedings. I am prepared to go to court if need be. I wonder if BW Legal take my non response as indicating I am soft touch and that I will fail to reply to a County Court Claim and they would win by default. I am thinking of replying to them with - I do not recognise the debt. I will dispute it in the County Court. Any advice on that one? Three features of my case which I think are different. I am perfectly entitled to part where I was. There can be question of a loss. By coincidence, my wife, a nurse, picked up a similar ticket at the same time when visiting a hospital she was entitled to but not displaying, so we are being chased for two payments. She has had the exact same thread of emails at the same time as me. Lastly BW Legal got my mobile number and rang me twice and sent a text once. That felt very intrusive. Some details. On 14/11/2011 My company moved into new premises. I signed up for a designated parking space, which I pay for out of my salary. I have paid for that space every month since and am still paying for it. I am entitled to park in that space 24/7 365 days a year. I occasionally use my wife's car and on this occasion forgot to switch the permit back. I got a PCN is for "Parking without displaying a valid ticket". My position is that as the only person entitled to park there is me there can be no loss for VCS to recover. Their charge of £100 for such a simple over sight is arbitrary and excessive. I do not recognise the debt. I have not appealed or responded as I have no faith in the impartiality of any body I have been referred to so far. In my view the only body which can put a value on the 'debt' is a court. Obviously if a court ruled I had a debt I would pay it immediately. Brief standard details and timeline 29/7/2015 PCN attached to the car. 4/9/2015 VCS £100 Notice to Keeper / Driver demanding £100. 14/10/2015 Debt Recovery Plus £160 Demand for payment 29/10/2015 Debt Recovery Plus £160 Notice of Intended Court Action 13/11/2015 Debt Recovery Plus £128 Reduced Payment Offer 30/11/2015 Zenith Collections £79.99 without prejudice. Zenith Collections are now responsible for recovery, 10/12/2015 Zenith Collections £79.99 Pay £79.99 or we withdraw the offer. 23/05/2016 VCS - 'sent' to BW Legal 23/5/2016 BW Legal £154 Been instructed... will seek clients instructions w/c 04/06/2016 BW Acquired my mobile number and rang twice leaving messages.(I do not know how the got my number) 20/06/2106 BW Legal SMS Message to contact them 20/06/2016 BW Legal Pay by 30th June, failing that our client has instructed us to commence County court proceedings.
  7. *POSTING ON BEHALF OF A FRIEND* Hi. I have a friend who engaged the service of a Company called Belmont Thornton to reclaim PPI some time ago - he is unable to remember exactly. The credit card being used advised they would refund a partial payment of the PPI and then increase the interest rate of the card to a ridiculous sum. He didnt take up the offer and advised Belmont Thornton he would not be paying them as the offer they were advisisng him to accept would make him financially worse off. DCA's who have chased the debt have been advised the same. Now he has received a summons for £131 from a DCA acting on behalf of Belmont Thornton for the services of Belmont Thornton and Court Charges. Can anyone advise which course of action is best to take as they are claiming a percentage of an offer which was nothing more than ink on paper. Does he pay up and do nothing more? Does he contest the summons on the basis he never accepted the offer as it was a worse financial position and therefore there was no refund to be claiming a percentage of. Any advice to give him please will be gratefully recived. Thanks :!:
  8. hi there, ive received papers from the county court business centre for a debt i do not own, never owned or even acknowledged, how do i defend this? do i need to CCA request lowell? if so i presume its a template letter, which one? what do i enter in the defence or do i leave it blank and await details? ive acknowledged via mcol so hae more time, any advice needed please.
  9. Hello all. Just arrived home to find a County Court letter for a claim issued by Lowell regarding an old O2 mobile contract. I've never received any thing like this before so not entirely sure what my next steps are. I did consider filing a defence but it doesn't really seem like I have one. Is it just a case of filling out the form, hope they accept my repayment proposal and wait to hear back from the court or do ai have to attend? Many thanks
  10. This happened at the back of the Exeter Arms in Derby, 2015. I went round the back of this pub to park and unload my equipment in to the pub but all the parking bays owned by the pub were taken, s I did pull up near the rear entrance to the pub unload my equipment and then take my car round the front to park on the street which by that time was free parking. Some weeks later I received a letter from VCS with a fine for parking there. I was going to ignore it but my wife talked me into sending an appeal letter, which of course was rejected. Now I'm receiving lots of correspondence from CVS and now bwlegal. Up to now I've had a couple of letters from bwlegal threatening to take me to court if I don't pay up, even quoting a successful court case of ParkingEye Ltd v Beavis [2015] UKSC 67. I guess what I'm asking is, should I continue to ignore these letters or is there something I could do?
  11. Hello, Please help me on what to do as I have received a CLAIM FORM from Hoist Portfolio Holding 2 LTD in Jersey, representing Howard Cohen and Co, in regards to a remaining balance over and old Barclay's credit card. Left unused since 2011. The claim is asking me to repay a balance of £3272.83 the debt was assigned by MKDP LLP (ex barclaycard) and also adding £1255.99 on interest. The letter is dated 17th of May 2016 and is giving me 14 days, (passed 4 days ago) to reply. or a Court Judgement will be issued. Please advise me on what to do next?? Kind regards
  12. Hi all. Today I have received a claim form from BW legal on behalf of VCS. The ticket was issued on 26/06/2015. I followed advice on here r.e ignore it, however this has now come through. Help & advice appreciated!
  13. Name of the Claimant ? Lowells Date of issue – . 06.05.16 Date to submit defence = 4pm Tuesday 7th june What is the claim for – 1) The Defendant entered into a consumer credit Act 1974 regulated agreement with Lloyds under account reference XXXXXXXXXXXXXX ('the Agreement'). 2) The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The agreement was later assigned to the Claimant on 26/08/2014 and notice given to the Defendant. Despite repeated requests for payment, the sum of £1,600.00 remains due and outstanding. And the Claimant claims a) The said sum of £1,600.00 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.326, but limited to one year, being £130.00) c) Costs What is the value of the claim? £1,900 (including court fees) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Current account (overdraft) When did you enter into the original agreement before or after 2007? Before 2007 (2003) 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.lowells Were you aware the account had been assigned – did you receive a Notice of Assignment? I do not recall receiving any notification Did you receive a Default Notice from the original creditor? I do not recall receiving a default notice Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I do not recall receiving anything like this Why did you cease payments? As I had incurred excessive charges on the account and after my claim for the charges back was rejected due to the banks winning in the high courts I felt that I would never pay off the debt as when I was making monthly payments it did not seem to be decreasing. I felt they owed me money so stopped paying or responding to them. I believe I stopped in 2009 as that is when I sent my claim for the charges and they responded once they had won the case. What was the date of your last payment? I cannot recall but again I do not believe I made any payments after 2009 Was there a dispute with the original creditor that remains unresolved? As I above, I felt it was unresolved but they said it had been resolved in through the above mentioned case. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, they agreed on a monthly amount I could pay = £30 and £50 per month Help needed please... How should I proceed with this? I wish to defend all of the claim. Thanks To add, the account was opened in 2003 and I believe it could be statute barred as I do not recall making any payments in the last 6 years or acknowledging the debt in that time.
  14. Hi. We're in a bit of a pickle. My daughter went to visit her boyfriend's uncle in Dockland's London. She doesn't know his address as she was being directed by her boyfriend. He directed her to park in a visitors bay when they arrived. This was in the evening a few months back. She found a ticket on her windscreen which she still has somewhere, but we read that these should be ignored as they are just trying it on, especially as she had parked in a visitors bay and only for a short while. So we ignored it. The claimant on the form is Pace Recovery and Storage Ltd (or Ace Security as per Google). The contact for sending documents or money is Gladstones Solicitors Ltd. The initial charge was £100 but the claim form says: Particulars of claim - total debt and interest £151.61 and opposite that there's a box with: amount claimed 151.61 court fee 25 legal rep costs 50 total 226.61 My daughter is distraught because we were stupid and ignored it and also because she is broke - genuinely. We are annoyed at the costs, esp the increase in costs from £100 to £151 plus all the other costs. It is particularly bad when we can barely afford to live or pay utilities yet we have no choice but to pay these fines (I don't know why but she seems to attract parking tickets!!! She has been depressed lately and not herself and we've had about six tickets in two months, but this was the first and was a couple of months earlier). We want to avoid a CCJ so will pay it if we have to but what are her rights? If we agree some of the charge, say, the original £100 will the court accept that?? If we pay it all do we pay the £151 or the £226? Very confused. How do the courts view these unfair charges esp as she thought a visitor bay would be alright to park in. Any advice would be appreciated.
  15. I had a capital one cc, loads of charges on it. the balance at present i am being chased for by creditors is over £600, however over £400 is charges. because the balance is still outstanding how do i challenge this? all help is much appreciated
  16. Hi, I have just received a claimform from Hadfield & Co Solicitors on behalf of my old Uni. It is over an extra module that I had taken but didn't complete due to dropping out of Uni entirely due to personal reasons. I accept that I owe the module amount, which is £578 but they are claiming an amount of 726.11 plus a £60 court fee and £70 legal representative costs - £856.11. They had assigned a debt collector, who I was about to enter into an agreement with around September 2015. I can't remember the name of the company after one phone call, they sent me an income/ expenditure as I proposed £20 per month (I'm not earning much at all!) I filled in said I/E and sent it off but heard nothing thereafter. After a lot going on in my life, I have to say I didn't really give it too much thought until a Claim form came through the post. Surely they are supposed to send letters? Like I said I have had one phone call and I was happy to make an arrangement, I really can't afford a CCJ against me! The particulars are as follows; The Claimant claims £578.00 in respect of 1. University Tuition provided by the Claimant at the Defendants request, full particulars whereof having been supplied by way of Claimant's invoice dated 23 October 2012 to 23 October 2012. 2. The Claimant claims the further sum of £148.11 pursuant to S.69 of the County Court Acts 1984 at the rate of 8.00% from the date on which the invoice(s) were due to date. 3. The Claimant also claims statutory interest at the above daily rate of £0.13 from the date hereof to payment of Judgement, whichever is the sooner. 4. Costs I'm not sure if anyone can help me, but I have already acknowledged the claim online and I refuse to bury my head in the sand any more! I already have one CCJ registered against me, which I have been told from a friend that had I defended it, I could have had it dismissed! Thanks in advance!
  17. hello all looking for some help regarding a letter my wife received at our previous address which has been passed to us. its a notice of application for attachment of earnings order with a case number the judgement is Hoist portfolio holding 2 ltd the letter/form says that a judgement has been made against the wife for £1800. shes not even sure what its for as we have received no correspondance regarding this. can anyone help direct me as to what we need to do next i have a feeling that whatever it relates tro is at least 6 years old and as such statute barred but what i sthe process for these things. cheers in advance for any help
  18. Hi everyone, Is there a time limit on how long you have to take an organisation to county court once you have received a final response to a complaint? I received a final response in November 2014 and then never took the matter to the ombudsman service. Since I am outside the time limit now the organisation have refused to allow the ombudsman to investigate. I appealed this to the ombudsman jurisdiction team as there were extenuating circumstances, however, this has today been rejected. Does the same limit apply if I wanted to pursue the matter in court? Thanks
  19. Hi everybody, this is my first use of a forum so sorry in advance if I don't respond In a timely or correct manner. I have received court papers and have a few days left to respond. T his is for a credit card I took out in 2005 and defaulted on in 2013. At the time I had joined a fee paying debt management company, big mistake, don't do it! (went bust kept all my payments) devastated at the time. They wrote to this creditor who where only able to provide a reconstituted credit agreement so told them to stop pursuing this debt. Issuing notice to them. I then joined step change who have been paying all my other creditors for the last two years with no problems. Now out of the blue I received court papers at my old address, only found out by chance. Step change advised I phone the issuing solicitors, which I did tried to explain but they weren't interested. I have a job which does not allow me to have a CCJ I will lose my job. I explained this they just said send us evidence of employment and your contract confirming this but the court claim still stands so far. I understand I may be offered a Tomlin order and I'm happy to pay this (I want to get a mortgage) but I know they don't have pre 2007 credit agreement. Step change said because I have made payments in the last six years this can be used as proof of debt ? I should send the admission form along with my budget and proof of employment. How do Progress this with the main aim of not getting a CCJ , the debt is eight thousand, there is no way I can pay this in one go and would be happy to add it to my DMP, The threat to my job is causing me a huge amount of worry ,thanks in advance
  20. Hello good evening, just after some advice recently received a Claimform dated 01/04/16 from UKCPS LTD for parking out of a marked bay. Particulars of claim stated " Claim against Mr ****** **** for outstanding parking charge issued to a vehicle ******* on land named *********** ********* This land is managed by UKCPS Ltd and vehicles parked at the site are subject to parking restrictions which are set out on signs at the site and form a contract between the driver of the vehicle and UKCPS Ltd. Mr ****** **** or a driver parked the vehicle on **-**-15 @ **:**:** IN OUT OF MARKED BAY. Or the keeper who may have been the driver or alternatively has not chosen to name the driver and is therefore responsible for payment as required under Schedule 4 of the Protection of Freedom Act 2012 By parking on this land a driver contractually agrees to pay charge of 100. The amount remains unpaid and stands at 100 plus an additional 50 incurred in collection fees whereby the remaining 50 becomes a commercially justifiable figure. Amount claimed 150 Court fee 25.00 solicitors amount 0.00 total 175.00 Now last time I looked on this forum was a few year back and the advice then was to ignore all correspondence with the claimants which I did do of which this has now landed on my lap, unfortunately times have changed I see and so has the advice by the looks of things. after some friendly help and advice please as need to respond to the claim shortly, where do I stand with the claim and what advice for my defence to the court. Any help is much appreciated cheers.
  21. Good afternoon I have received a CC claim form from the above. It's in relation to an Aqua credit card and is for an amount just short of £2000. I did receive a letter from WH a couple of weeks ago but truth be told I pretty much ignored it. I'm not sure if the debt is statute barred or not, If it isn't it must be a whisker away from it. I don't recall having heard from Cabot about this matter for quite some time. It's been several years since I tackled any debt problems and I'm very rusty on how to proceed. I know I need to send a CCA request to start with. Do I send this to WH or Cabot? I know I need to send a SAR. Do I send this to Cabot? Or Aqua? (I don't even know if Aqua still exist) Is there anything else I need to request from any of the above. Apologies for all the questions. I really am that out of touch with this stuff. Any help would be much appreciated. I did use be a regular user of this forum quite a few years back. I don't remember my original username and the email address I used back then is long gone, so I have re-registered. Thanks in advance for any assistance
  22. Hello All, Today I have received a claim form from CCBC. Here is the fun part... It is from a credit card I had in 2000. Long story short, I lost my job, got in a pickle and ended up (stupidly) going to a "get debt free within 5 years" company. The company then left me in a big pickle after telling me they wont be able to get me debt free within 5 years (3 months before the 5 years were up) The last payment they will have had from me would have been around Nov 2008 - Feb 2009. I checked my credit history on Experian in August last year and this isn't showing? Any ideas? Do I reply? Will this risk sending things back to square one?
  23. Hi, It's been a long time since I needed to come onto this site but it looks like I'm back again. I need help but really don't know if helps going to be possible now. Ok here is what's going on so far. background info For the last five weeks I have been at my mums house, I'm diagnosed with bipolar and things have been pretty bad. I've been back and forwards to the doctor to get help, their mental health clinic and 9 days ago things hit critical mass and the doctor called in the mental health crisis team who have been visiting me daily and will be for the foreseeable future. I live alone and after a massive problem with new meds given to me by the doctor I moved back to mums for my safety. I'm on yet another set of meds that at least has started to let me focus on things hence being back on here for help. My problem Arriving home I have found two letters, the first a notice of issue of warrant of control. Dated 15th March 2016. It states that I owe Marlin Europe I £804. To be paid by the 29th March 2016. Posted on the 18th March. The second letter was hand delivered I have no idea when and this is a notice of first visit, talking to neighbours there was somebody at my door earlier today but the date on the letter is the 1/4/2016. My daughter went to check the house on Saturday and said she didn't see any mail so I don't think it was delivered on Friday of Saturday. The letter also stated I have until 10am on the 6th of April to pay the amount owed. Now the bit I need help with I haven't to my knowledge had anything to do with Marlin Europe, I have no idea who they are, I also have no idea when all of this was started and have had no paperwork from the courts. I have been through everything I've received since Christmas to check to make sure I haven't missed anything. I really don't know if I have any options or do I just roll over accept it and try to come to some agreement with them, but since my income is esa at the moment they can't have a lot. I would be very grateful for any help, this has come out of the blue
  24. Hi, I received a claim form from HPH2 for a Barclaycard debt of 2002 for £7476. I sent MKDD two CCA requests but no reply and now the HPH2 has issued the claim. I have two questions which I hope you guys could help me with. 1. Can the HPH2 enforce a credit card agreement which was taken out in 2002? 2. They are claiming interest, if they are successful, then is the interest COMPOUND, or Simple? Thanks
  25. Hi, I have today received a County Court Claim form from Parking Control Management UK in relation to a Parking Charge Notice issues 01/11/2012. *****The particulars of Claim are: We wish to recover outstanding Parking Charge Notice monies and associated costs from the defendant. The defendant has been through two appeals processes and lost both., the latter appeal being the Government approved and vetted POPLA. The decision from POPLA is binding on the parking operator regardless of our opinion of the decision made. The POPLA appeal is free to the motorist, this charge has been outstanding since November 2012 and has been through an approved debt recovery process since the POPLA decision in Jan 2013. Numerous letters and telephone calls have been sent and made with no response from the defendant. Th claimant claims interest under section 9 of the county courts act 1984 at he rate of 8% a year from ..... to ....... on £206 and also interes at the same rate up to the date of judgement or earlier payment at a daily rate of £0.45****** The facts of my case are I was parking in a residents only bay in an undeground secure parking unit. To access the car park I had an electronic fob, and I had a permit that I displayed on my dashboard. PCM claim that I did not display my permit When returning to the car and seeing the notice, without entering the car I took at photo of the permit on display which is time and date stamped. Being a bit naive I did appeal to them and sent them photographic proof. They in return sent me pictures of my vehicle taken at such a square on angle from about a metre away from the front of the bonnet, and the permit could not be seen. I argued that all they had to do was approach the vehicle and the permit could have been seen. After applying to Popla, I requested the CCTV from the parking company showing how I never entered the vehicle before I took the photograph, but my request was ignored and my appeal denied. I have now received County Court claim. I admit, that since the POPLA decision and me doing research I have ignored all letters from the debt collection agency, but never recieved any phone calls. It interests me that they don't even mention what the breach of contract was for in the particulars of their claim. Can anyone help in what my defence for this could be? I refuse to roll over and pay it when I did nothing wrong. I also took a video of how from the angle they took the photo the permit couldn't be seen, but how by walking up to within a metre of the windscreen it was clearly on display. £231 is the total they are asking for - including court fees, and interest - the original charge was for £60 - bearing in mind that it wasn't even a pay and display car park, i'm not sure this "loss" can be justified. Please any help would be really appreciated. Thanks
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