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Found 52 results

  1. Hi guys Just need a quick bit of input from Andyorch, when you have time Andy. It's been a couple of months since I've been on here - just been too busy to look in. Anyway, unfortunately one of my old post-2007 credit card debts has raised its ugly head in the meantime. I knew it was looming as PRA had resumed activity a few months ago, then their mates J&P sent an LBA a month back. I was hoping to intervene before they could issue the claim but I'd been away and they didn't hang about. Claim form duly received! I've done the acknowledgement and now just need to enter a defence. I haven't sent off the usual CPR or CCA requests as PRA had already sent the online agreement and I have no intention of going to court on this. I just want to buy some time and eventually try to negotiate something. I'd be very grateful if you could run your eye over the defence below. Particulars of claim: The claimant claims the sum of £8xxx.xx for debt and interest. 1. On xx/xx/2008 the defendant entered into an agreement with MBNA Europe Ltd for a credit card under reference 1234567890123456. 2. On xx/xx/2013 the defendant defaulted on the agreement with an outstanding balance of £6,xxx.xx. 3. On xx/xx/2013 the debt of £6,xxx.xx was assigned to Aktiv Kapital Portfolio AS Zug Branch, who itself, assigned the debt to PRA Group (UK) Ltd on xx/xx/2014.Notices of assignment were sent to the defendant in accordance with s136 Law of Property Act 1925. And the claimant claims: 1. The sum of £6,xxx.xx 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from xx/xx/13 to xx/xx/16 £1,xxx.xx, and thereafter at a daily rate of £1.xx until judgement or sooner payment. ------------------------------------------------------------------ PROPOSED DEFENCE 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 noted. I have, in the past, had an agreement with MBNA Europe Bank Ltd but I do not recognise this specific account number. 4. Paragraph 2 is denied. I have not been served with a valid Default Notice pursuant to the Consumer Credit Act 1974. 3. Paragraph 3 is denied. I am not aware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 4. 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 how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 5. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 6. 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 7. 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. Is the above ok to submit? Do you have any further comments to add. Many thanks! Sham
  2. Credit Card-MBNA -Account start date 05/2006, defaulted -06/2010 at £6550. Noddle currently shows that I owe : £5250. I found a letter dated 01/09/2010 from Experto Credite advising me that Varde Investments(Ireland) Limited has bought the interest of MBNA Europe Banks Limited and they are legal owner of my account. ‘Under the terms of assignment Experto Credite Ltd has been appointed by Varde to recover any and all outstanding sums.’ I paid Experto Credite £20 on monthly basis until Aktiv Capital contacted me to inform me that they have taken over my account. They agreed to the £1 monthly payment in 2013 (which was agreed with Experto Credite already I think) and since then I have been paying it. I noticed just recently that on my Noddle report instead of Activ Capital, PRA Group UK has taken place as a lender.The last letter I received before I moved away in 2013 was from Aktiv Kapital ltd. I have been paying them £1 for more than 2 years. Now I want to update them about my new address and request CCA but they are no longer Aktiv Kapital ltd. They are PRA ltd. They probably sent me a letter to notify me at my old address... Their bank details are still the same so my £1 has been going to them and they update my Credit record file regularly. I called the Aktiv Kapital telephone number from the letter I last received in 2013 but PRA answered. I did not introduce myself - just asked them to who to write and they explained to write to PRA in Scotland not to Aktiv Kapital in Bromley. Who should I address the letter to: PRA or Aktiv Kapital or both? What do you think? My address: Their address: Aktiv Kapital(UK)Ltd/ PRA ltd 2 The Cross Kilmarnock Scotland KA1 1LR Date: Dear Sir or Madam, .................. or My address: Their address: Aktiv Kapital Ltd 2 The Cross Kilmarnock Scotland KA1 1LR Date: Dear Sir or Madam, .....................
  3. Long story - short. ... got myself into a financial pickle with various credit cards etc. Due to dwindling income over the last 12 months I have now crashed. I have received default notices on my CC's as I have not made any payments to them over the last 3/4 months. I was just about to contact them [along with some of my other creditors] to advise them of this change in finances etc; with a payment proposal of £1 and statement of Inc and Exp., as now no income. Additionally I was considering the querying the validity of the contracts with the CC companies as others on this forum have done. Concentrating on MBNAeurope for the present: today I have received a letter from AKTIC KAPITAL Portfolio AS, Zug Branch - stating that they have purchased my outstanding balance with MBNA - and they can help get my finances back on track it then goes on to say that they are Aktic Kapital UK Ltd who will be collecting the balance of £xxxx.xx that I owe on behalf of Aktic Kapital Portfolio AS, Zug Branch. they want me to cancel and DD/SO's [there are none; otherwise i wouldnt have gone into default!!] as paying mbna would cause a delay in them being able to reduce my balance. small print:... aktiv kapital uk ltd is part of the aktiv kapital ASA [norway] group of companies. CCA licence 510166. registered office, wells house, elmfield road, bromley, kent, br1 1lt. 'under the terms of this assignment and as defined in the data protection act 1998, Aktic Kapial portfolio AS, zug branch is now the data controller of your personal data...' so my questions are: do i acknowledge their letter? do i deal with mbna at all now? do i ask Aktiv Kapital for original contract/proof of debt? any other pointers would be great please [especially if any more letters 'assignments or purchases' of my other credit card debts start arriving]. thanks in advance.
  4. Hi folks, Today I received an N1 CPC from Northampton County Court Bulk Centre in relation to an MBNA card I took out around 2007. I stopped paying them in around April 2009 and whilst not sure of the default date, it was either late 2009 or early 2010. I have not yet sent an SAR request and truth be told have received hardly any paperwork, the last was a statement from AK yesterday "reminding" me as to the balance. I do not recollect receiving a letter before action and that the statement that come yesterday contained no mention of court proceedings. The claim form states the following information. Issue date 1 April 2014. Claimant - Aktiv Kapital Portfolio AS, Zug Branch, Zueghausgasse 3, 6300 Zug, Switzerland (Reg No: CH-400.9.032.183-7) Address for sending payments and documents - Wright Hassall LLP, Olympus Avenue, Leamington Spa, Warwickshire, CV34 6BF Defendant - Me POC - "The Claimant is an Assignee of the following debts, notice of assignment having been given to the Defendant in writing: MBNA Platinum 5 4,331.72 Account No: (16 digit number) Despite demands for payment, the above sums remain due. The claimant claims the sum of 4,331.72, interest under s.69 County Courts Act 1984 and costs. Sum claimed £4331.72, court fee £85, Solicitor's costs £80, total amount £4496.72 Proposed course of action is that I intend to fight this as I do not want a CCJ. Acknowledgement of service to be filed online over the weekend. SAR request to go to Wright Hassall (do I need to send documents to Switzerland as well or the UK address of AK which I think might be in Chester) and then CPR request to follow in about 7-10 days. Assuming they fail to comply with the CCA request then the "failed" CCA request letter to go after 12 + 2 days. Obviously my proposed defence is that I dispute the whole claim, but for the purposes of the defence form should I set out the relevant clause in the CCA that unless proper copies of the documents that the claimant is seeking to rely on are delivered up, the claim stands as unenforceable at law whilst the CCA default continues. Any thoughts or suggestions at this stage most appreciated before I get to work. Laters NC
  5. Here goes... I've been trying to find similar cases to my own, but have ended up confusing myself with masses of helpful advice - somebody please help. I have a Virgin MBNA card with a total debt of around £17K. I have stopped paying anything to them after the interest rate went through the roof, and I have been unable. I sent a CCA (with a postal order) on 10th May and when they phoned on 21st May I thought it was about that. It wasn't, just general hassle, so I copied the MBNA operative my letter (email) and waited. I waited until 8th July, at which point I spoke to another unsolicited MBNA caller and established that I should have sent my request to the "Customer Advocates Office", not the general MBNA Chester address. I sent another copy of my original letter (but no additional postal order). As I was typing a covering letter I took another MBNA call from a chap who began talking legalese. He asked me if I was handling this dispute myself or with help from CAG, and stated that even when the received my CCA request they needn't send me anything useful. He also referred me to the BBC website where a couple had been successful in their claim, but had been hit with an equivalent amount (£100K) in legal costs. He also said that they had done a credit check and seen that we are paying other debts (another credit card with a balance of about £1800, a £10K unsecured loan and a £250K mortgage). He said that as we were giving preference to other creditors he had done a check on the value of our property and that as there is some equity he would have a "charge" put on it to recover the debt. He added that MBNA had been successful in 90% of the cases that had gone to court. Having read other posts I like to think that this is threatening bluff, but Mrs Spoon is worried. Today the reponse to my CCA arrived - a 2 sided A4 sheet with a copy of a signature box on one side, and on the other a boxed bit of small print with "diamond" mark in the top left and some interest rates on the right. I'll wrestle with attaching copies if necessary, but it is nothing that will tell me if the agreement is properly executed. The date of the "agreement" is early 2005. Here is the twist to my case (I think). In a moment of money-worry induced madness my wife applied for the card on my behalf, and signed the document. Whilst I'm sure we spent the money, I'm wondering what I can hope to achieve by following this up. If we go down the route that my wife forged my signature are we going to get done for fraud? We have had a "kind" letter offering us reduced payments or the writing off of a proportion of the debt. What should I/we do next? Please help.
  6. CCA Letter sent to Aktiv Kapital. Let's see if they reply. Barclaycard assigned debt to Aktiv Kapital April 2011 £2,789
  7. Hi guy's, Firstly, what a fantastic forum! It's great to see people helping others through bad times. I have a question regarding a cca request I sent to Aktiv Kapital in relation to a defaulted credit card debt they purchased from mbna. They have eventually sent me a signed agreement but they did not supply it in the necessary time scales (took 12 weeks!), and there is no credit limit stated on the agreement. Is this debt still enforceable? I read somewhere that if they failed to supply a cca within 12+2 days + 30 days (something like that!) that a debt is unenforceable. Im not trying to avoid debt. I tried every way possible to sort something out with mbna and Aktiv Kapital but I've just been bullied. Any help would be greatly appreciated. Thanks in Advance John
  8. Hi all, I'm new to posting on this forum so please be gentle with me if all this has been done before. I've spent the last few days reading various threads on this issue but my head's now spinning!! Any help, advise or pointing in the right direction would be greatly appreciated. Back in October 2009 when I was in a financial black hole, I foolishly sold an MBNA CC Debt to Credit Card Killer/Momentum Networks. (That's a story in itself) Since then I've had the expected phone calls, letters, defaults, assignments to DCA which have been on-going, most of which I have ignored. Last Thursday 16th Oct I received a Count Court Claim from Aktiv Kapital for the outstanding balance. Over the weekend I sent the AOS stating I intend to defend the claim. Is it a futile exercise to use "I've sold my debt" as a defence? All reply's will be thankfully received.
  9. Wonder if anyone give me some help, Possibly Andyorch My wife received a County Court Claima few days ago Reference a MBNA (Virgin Card) POC Below The Claimant claims the sum of £ xxxxx.xx for debt and interest. On 24/2/2003 then defendant entered into an agreement with MBNA for a credit card under reference XXXXXXXXXXXXX. On 31/12/2009 the defendant defaulted on the agreement with an outstanding balance of £ xxxx.xx. On 28/01/10 the debt of £xxxx.xx was assigned to Varde Investments (Ireland)Ltd, who its self assigned the debt to Aktiv Kapital Portfolio AS Zug Branch on 03/03/12> Notices of Assignment were sent to the defendant in accordance with s136 Law of Property Act 1925. AND THE CLAIMANT CLAIMS 1.) the sum of £xxxx.xx 2.) Stautory interest pursuant to section 69 of the county courts Act 1984 at a rate of 8.00% per annum from 3/3/12 to 21/8/14 £xxxx.xx & thereafter at a daily rate of x.xx until judgment or sooner payment I have filed AOS saying I intend to defend all of this claim I have prepared a defence by using some of Andy's advice to others and if I post it could someone advice me if it Looks ok and if I should amend it and anything else I should be doing. Have sent a CCA Request to Aktiv by recorded delivery.
  10. I recently completed a SAR request with Welcome Finance. I wrote to them to challenge the charges on the account, and their total charges are pretty much the full value of the outstanding amount so I was hoping to finally rib myself of this debt. I received a letter from Welcome saying it would take 8 weeks to process the complaint (fairly standard from seeing other posts on the forum). But I also received a letter saying the outstanding balance has been sold onto Aktiv Kapital (UK) Ltd! Does anyone know where I stand now? What happens if a debt is sold but the charges on the original debt were unfair/excessive, how can that be challenged? It seems unreasonable to me that to get out of refunding charges all a company has to do is sell the debt on, but also who do I fight now? Welcome who have sold the debt and I am not apparently dealing with. Or the new company that hadn't actually charged those fees? Does anyone have experience with this sort of situation?
  11. Hi I have had some great advice from viewing previous threads with regard to getting debts I had written off from HFC and Barclaycard/Lowell by going down the SAR route, but I have a different issue which I havent been able to find anything about........ I had a flexaccount with Nationwide which I last used approx 5 years ago at least, it had an overdraft which spiralled to £902 mainly I believe made up of unauthorised overdraft charges. This debt has been sold to Aktiv Kapital who have recently started sending me letters and phoning (though at present it is only once a day - I know AK often phone upto 10 times a day - I have experience of this!) What I was wondering was is there anything I can do to get these off my back? I believe overdrafts are not classed as credit agreements so Aktiv Kapital may be more difficult to chase away. (I also have another debt, Egg credit card with AK which I am paying at £1 per week). I do not have any paperwork from Nationwide (old statements etc) as I moved house back to my parents due to extreme financial hardship, and basically got rid of everything apart from my bed and some crockery.... I also do not want to give these people any personal information, I am working but am currently on a Zero Hrs Contract so my wages are variable. I hope someone maybe able to help or should I just ignore them...... which I have no issue with doing!
  12. Hi Guys need your help soonMBNA card £7k. Assigned to Aktiv Kapital now in CCBC. I have done the acknowledgment of service online. I need to do the defence. MBNA initially offered a settle figure which was half the amount of the account. I couldnt pay at the time and still cant pay it all. I offered Aktiv kapital a lower sum but they wont agree and now have gone to CCBC. Aktiv kaptal have harrased me for some 6 months with daily phonecalls and voicemails. They use blocked number, unknown numbers , mobiles etc. They then sent it to soeone called Tempus solutions who did they same.What are my optionsThanksFreemason2012
  13. Hello The Consumer Forum, I hope someone can give me some advice regarding what to do next with Ativ Kapital. (I apologise in advance for the long question) When I split up with my wife in 2000 I must admit to not looking after my finances, consequently quite a few non secured loans went into default, I know I had made sporadic payments over the years, usually after they had found me at one of my many moves over the folowing years. I had started making regular payments (5 debts x £15.00 each) in 2007 - 8 and had been paying this right up to last year. However after speaking with an advisor I was told that the debt may be Statute Barred - although I have no real idea if there was a gap of 6 years to warrant this. as usual I waited until I got the call asking for a higher monthly payment and thats when I said I was stopping payments as the debt was SB, the lady said I had made a cheque payment in 2005 and because of the other payments that I wasn't able to claim that. Regardless, I cancelled the DDM's and heard nothing for a year, no calls, no letters, other than the statement in October. Now all of a sudden they are back on the phones trying to harrass my family, we have actually barred their number as it was ringing sometimes 5 to 6 times a day, as early as 7:30 in the morning and as late as 8pm. does anyone know why they would have held off trying to recover the debt after telling them the debt was SB to then start a year later a vigerous telephone campaign? Do you think the debt was SB and they are just trying it on? Has anyone had a similar experience?
  14. http://www.credittoday.co.uk/article/16721/online-news/pra-snaps-up-aktiv Credit Today; And another DCA is snapped up
  15. Hello All, I posted some time ago about some potential debt issues and was advised to get my current credit report and then post in the corresponding forum for that debt. I have done that, and now I really need to know how to solve it. ANY help would be greatly appreciated! Basically, I have four things on my credit file which are defaulted and I need to get rid of one way or another. One of them is MBNA. Credit Card from MBNA - with Aktiv Kapital Current Balance £17xx Default/Delinquent Balance £22xx Default Date 11/2009 Opening Date 03/2007 I need to clear my credit file and really start rebuilding properly. What is the best way to do this and get rid of this & sort it out finally? I have a steady job now and in a better position to sort this out. Any help is greatly appreciated - thank you so much.
  16. Have no idea were this debt has come from it was £70 now Rossendales have it,it is now £361.65, this debt is at least five years old ,(4 years)because we have been out of the country. Plus we no longer live at the address that the debt letters are been sent to, saying we need to get in touch in 7 days or else. Not sure I want this bill to get bigger and bigger, but thought it was a con of some sort in the beginning. But feel like getting in touch now is pointless and will fuel there debt collecting fire:!:
  17. Hoping someone can help me...today received papers from Northampton Bulk Centre issued by Activ Kapital for an alleged debt with MBNA. I have had no prior contact with AK and need some help to know where to start with this. Have gone through various posts on the forum and realise that a little knowledge could get me into trouble which is why I am asking from the outset. Hoping that you can offer some help..?
  18. jamga100

    MBNA Aktiv Kapital

    Hi I had a virgin credit card which I stopped payiing last autumn2012 due to financial difficulties. They sent me a letter around xmas time to say they had passed my debt on to Aktiv Capital. Around a month later I started getting frequent calls from Aktiv Capital, but just kept fobbing them off, saying they had phoned at an inconvenient time. After reading one of your blogs I refused to give them information over the phone. That very day I received a letter from them asking for the full amount. Activ phoned me again that afternoon saying they had sent at least two letters, and that I had to deal with them over the phone as that it is how they always deal with customers. They suggested (even though I wouldn't comment) that I pay the amount in full, or if not over 3 monthly payments. I did comment that if I had been able to then I would have paid Virgin, but I wanted to see comunication in writing before agreeing to comment further ! HELP !! what should i do now please. many thanks Jamga
  19. I had two credit cards with MBNA, I had problems making the full payments due to health issues, I therefore paid them a token amount as suggested by "mymoneysteps" website. After about 9 months they wrote to me and said that they were recording the accounts as in default. They then (about 2 months later) wrote to me and said they had sold each debt to Aktiv Kapital. I have continued making the token payments to MBNA and have ignored requests from MBNA and Aktiv Kapital to make all future payments to Aktiv Kapital or corresponded with Aktiv Kapital in writing, I believe I may however have spoken to the latter on the phone. My questions are, 1. I assume that MBNA do not have an enforceable CCA otherwise they would have made an effort to collect the debt, and therefore have "sold" the debt to Aktiv Kapital? I have not entered into any correspondence with Aktiv Kapital who regularly send me a discount offer of repayment. 2. a) If the CCA is not enforceable, then I assume they do not have a right to assign the debt either? b) If the CCA is not enforceable do MBNA have a right to mark it as in default as this effectively terminates the agreement but if one doesn't legally exist is it possible for it to be in default? 3. What should be my next step? Should I a) contact MBNA and ask for a CCA and signed agreement of assignment or b) contact Aktiv Kapital and ask them for the same. c) do something else. Credit Report - MBNA and Aktiv Kapital show the default on the same date MBNA show each debt as "settled" and Aktiv Kapital have acknowledged the payment terms, Aktiv Kapital do not record any payments even though MBNA say they pass them on to Aktiv Kapital, MBNA stopped recording the payments from the "date of assignment to CAIS member" although the amount does reduce each month by the correct amount. Other questions 1. as both MBNA have recorded a default for the same defaults does this effect my credit score if one of each pair is shown as settled? 2. The other question is as the debt has been marked as defaulted, when it drops of my Credit file in 6 years from the default date what happens to the debt? Experian do not include the amount of either debt in "Amount of outstanding debt (excluding mortgages)". I hope I haven't asked too many questions at once.
  20. Hi guys, These morons are chasing me for a alleged debt from 7 years ago, that is SB'd now and has never had a CCJ against it. I've sent them the SB letter from the templates on here by recorded delivery and they've signed for it yesterday. What do you think their next move will be? Will they just give up now or are they likely to keep asking for this alleged debt? also will this affect my credit file now? Thanks
  21. Firstly happy new year to one and all on the forum. I have had ten phone calls from these people in the last 2 days from 02084609778,I do not answer these calls but they are becoming a bit of a pain.I have no idea as to what debt they may be chasing as I have not had any correspondance of any kind from them.Do I continue to ignore these calls or do I write to them sending the harrasment letter.
  22. Long story short Aktiv bought MBNA credit card debt which had been incurred by my son. Unfortunately card was in my name. Son made payments to MBNA for years (his monthly payments to MBNA were more than my income) until he incurred mental health problems and b*ggered off leaving me with the mess. I've written to AK advising of situation, got copy CCA from them (it's an old combined application form/CCA from 1999 WITHOUT full T&C's), used template letter asking Aktiv to write off debt, explained about my son and said all I could offer was nominal £1 a month (also sent AK budget sheet showing I have no spare income as I'm disabled and on benefit). AK wrote back saying "Having reviewed the details and based on the information that you have provided, I can confirm that AK can not agree to writing off the balance and closing this account. This decision has been based on your income and expenditure and the severity of your health issues. I do wish to be constructive in this matter and sympathise with your situation. In an effort to assist you AK is prepared to accept nominal payments of £1 per month towards your outstanding balance. This decision has been taken in view of your current situation and will be reviewed in 6 months unless we are advised of a change in your circumstances." I almost sent them £1 right away but something made me suspicious. Why were they so ready to accept £1 a month plus why the 6 month review when they know my financial situation won't change? Nothing has been paid to the account since October 2012. Am I right to be suspicious? Debt is just over £10K and AK offered just over £1K discount in the second letter they wrote me after they bought the debt in November last year and before I've even replied to them. Maybe I'm too cynical but something just doesn't seem to sit right with me.
  23. I sent a CCA request to Aktiv Kapital and when they didn't provide the agreement I told them I wouldn't be paying them. They've now asked when I left an address I was last at about 15 years ago. Any idea why they want this or what it has to do with a CCA request
  24. Ladies/Gents I would like to share my success against Aktiv Kapital. AK has been bullying and harassing me since 2009 for debt that didn't exist. I bough a fridge with a comet edge card in 2006 and shortly after it was delivered I changed my mind and sent it back. I didn't hear anything from them until AK started calling me day and night and threatening me with court action and subsequently registered a default against my credit file. I also discovered that AK had illegally changed the default date by 20 months. Fast forward June/ July. I sent Aktiv Kapital a letter stating I did not owe the alleged debt and also this debt is statute barred anyway. They ignored my first letter, then I sent them DPA notice to stop processing my data and gave them 21 days to comply. Again they did not comply and letter before action was sent. Then I issued a claim online for damages and notes as per above. They filed a defence within 2-3 days of issuing the claim online and said they would defend. For the past 2 months they have tried to bully me into submission saying they had strong case and they would defend vigorously. I stood my ground through out and ordered them to remove the default immediately and pay me compensation for all the things they had put me through for many years. Finally once the hearing date had been confirmed and clock started ticking they offered £105 and to mark the alleged debt as settled. I refused straight away. Then finally they say they would settle and pay me full amount claimed and remove the default within 72 hours. I again refused as I had now prepared all the bundles and incurred further costs and I ask them to pay for them and surprise surprise they agreed and further paid for preparing the bundle. Aktiv Kapital are bunch of cow boys and I would advise all of you good people out there to stand your ground when you had been violated by DCA's and AK are B*****s for making up debt when there was none. Bytheway; before I issue the claim I tried the OFT and they were not helpful and infact very rude to me over the phone so from now on Her Majesty Court are way forward for me. cheers all
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