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  1. All documents are here: simple procedure 2023 WWW.SCOTCOURTS.GOV.UK Below are those relevant to DCA/Debt Buyer Claims with specifics highlighted within them. Some interesting musings... It is heavily directed toward the claimant/respondent dealing with this via ADR outside of court There are no immediate court hearings/if any at all...the sheriff is directed to read the responses by the claimant and the respondent and decide what should happen. it is very much geared toward Mr Joe Public, with NO legal knowledge needed, to represent themselves and be helped and NOT be disadvantaged by the sheriff nor the Claimant in legal matters. they must explain and help the respondent in legal matters use the response form 4a PDF attached to post 2 or 3 to plan out you response use the online website: hit respond in blue from here: Welcome to Civil Online Gateway (scotcourts.gov.uk) to fill it in online.
  2. as from may 2023 the Scottish system has changed and is now partly on line for at least SPC claims...DX As the process for those is different to the rest of the UK There are 2 types of actions in Scotland: SIMPLE PROCEDURE- up to £5000 simple and relatively easy to complete yourself. Ordinary Cause Action for over £5000 http://www.scotcourts.gov.uk/taking-...ordinary-cause Ordinary Actions can be more complicated and can also be completed yourself as long as you TAKE the time to research and be able to respond to effectively however you may wish to seek legal advice, especially for Ordinary Cause, on these if you are unsure. All the details on what is required is available at http://www.scotcourts.gov.uk. NOW READ POST 2 BELOW and copy the questions post to your thread and answer them please
  3. I received a letter today from Rossendales regarding a £500 debt I owe the legal aid agency. Considering my case was only last week they've been fast off the mark. The case concerned an appeal in Manchester which I was unsuccessful. I live in Scotland. I have two questions: Does the LLA or Rossendales have any authority in imposing this charge as I live in Scotland and we do not have bailiffs? If forced to pay what is the minimum I can pay per month? I have no intention of sending details of my personal finances to Rossendales. I have no contacted anyone yet but I am aware not to contact anyone by phone. Thanks in advance for any advice.
  4. Haven't been on here in some time, so I hope I'm posting this in the right place! Background I left the UK for the US in October 1999, at which time I had several hundred pounds in Council Tax owing. Only thing that's been heard since was in 2004 when a DCA (I think it was BCW) wrote to me at my Daughter's address - I have an uncommon surname and I think they were chancing their arm. She wrote back to the effect that she had opened the letter in error, I wasn't resident there and never had been, and that she believed I had left the country several years previously. Fast forward to now: my wife is in poor health, and if she eventually passes, I'd consider coming home. I have a vague recollection that the usual "time limit" doesn't apply and Council Tax debt can be pursued for up to 20 years. Am I correct in this, and if so, when does the "clock" start?
  5. Hi I received some excellent advice from CAG after I had some major employment and debt issues between 2008 and 2011 which resulted in a number of my accounts defaulting, once again I am in need of assistance please. One of the alleged debts I defaulted on was in respect of a BOS Credit Card, under duress I continued paying £1 per month until August 2016 when it was sold to Cabot Financial. The balance claimed is around £4k. Cabot quickly passed the account to Restons who wrote in February 17 threatening legal action to which I issued an unsigned CCA request together with a £1 postal order. Restons rejected the CCA request as it was unsigned, therefore I signed it and resent it with a letter as follows; ___________________________________________________________________________________________________ Further to your letter dated XXXX in response to my second formal request for a copy of the original credit agreement for your reference shown above. I am somewhat surprised at your request considering you have happily sent personal information to my address if you are now uncertain that I am the correct person. For the avoidance of doubt there is no requirement under the Consumer Credit Act 1974 nor the Data Protection Act 1998 for my request to you to be signed. Never the less, I return to you now signed my original letters dated 23 March 2017 and 28 March, together with Postal Order: for £1. This postal order represents the fee payable under the Consumer Credit Act 1974 in respect of my request for a copy of this credit agreement and a full breakdown of the account including any interest or charges applied and must not be used for any other purpose. I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account on request. I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or micro-fiche document from other sources but indeed the original signed document purporting to be signed by myself. Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state in line with s.127 (CCA1974). I look forward to receiving the documents requested within the next 12 days. ___________________________________________________________________________________________________ I have also sent an unsigned CCA request to Cabot which has been acknowledged and is in process. I have today received the attached letter from Restons advising legal action is commencing, although they have stated the Postal Order and letter has been returned this was not included in the envelope. I have contacted Royal mail to obtain confirmation the Postal Order has been cashed. I would really appreciate guidance as to how I should respond as Restons appear to have no inclination to provide a copy of the CCA and appear happy to proceed to court on this basis. Many thanks Bozalt IMG_1942JPG.pdf
  6. I've been sent the data, having sent a SAR to BoS. This credit card ran from 1993 to 2003. There's about £800 worth of PPI payments on there, but when I put the transactions into the calculator at 24.9% contractual rate, the claim figure comes out at over £15000..... That seems excessive and I'm just wondering if I've put the wrong figure in or if anyone else has had success with a claim this size. Here's the big question.... Is 24.9% the right figure? I'm told it was but have no proof, and there's no interest figures on the monthly statements. Does anyone know if this is the correct interest rate and if I should be claiming this contractual rate of compound interest? Any pointers would be great. Many thanks in advance
  7. I have received a Letter Before Claim from Gladstones. This is in relation to a windscreen Parking Charge Notice from Euro Parking Services. 1 The date of infringement? 22/4/16 2 Have you yet appealed to the parking company yet? [Y/N?] NO, I HAVE TOTALLY IGNORED SO FAR. if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide has there been a response? please post it up as well, suitably redacted. [as a PDF- follow the upload guide] If you haven't appealed yet - ,......... have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] YES what date is on it 10/6/16 REC'D 13/6/16 Did the NTK provide photographic evidence? YES 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] NO 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] 5 Who is the parking company? EURO PARKING SERVICES 6. where exactly [Carpark name and town] did you park? HOME BARGAINS, BATHGATE, EH48 2RA The PCN asks me to pay up or to provide them with the name and address of the driver, otherwise they "have the right to recover" from me. I didn't reply, but I wasn't driving.
  8. Having previously never been in trouble in my 54 years I got caught shoplifting in Dec 2016 and was given a fiscal fine in February 2017 which would stay on my record for 2 years. I cannot explain why though I did this again in ASDA in December 2018 (within the 2 years) stealing an SD card with a value of £11 which I didn’t need nor have used. This was seen on CCTV with the police identified me from my car number plate in the car park after which they asked me to attend the police station last week and charged me with the offence. They said as my fiscal fine was still within the 2 years they would have to refer it to the procurator fiscal. I have a good job earning over £50k per year and cannot explain why I did this the first time never mind the second. It beggars belief. My question though is what the likely penalty is. Can I get another fiscal fine or another alternative to prosecution as a conviction would likely end up with me losing my job as I require annual DBS checks
  9. Hello all, My daughter has a joint account with her ex that she wishes to have her name removed from but the Bank/Halifax are making it difficult. Her ex left earlier this year and moved back to Scotland and left her with debts and a load of other problems which she has slowly managed to get sorted. She had to give up her courier job to look after the two children(6 and 4 yrs) and so has had to claim IS. However, due to this joint account the IS people are making it difficult to get the benefit and this has been ongoing since March. After many calls to the IS they said she would have to make a new claim which she has now done so has to get around the Joint account problem. Noe the bank says there are only two ways she can get her name off the account and these are, 1] she has to go to Scotland and sign a joint application paper to have her name removed as both parties have to go to the bank and sign the same time. She really really does not want to do that, 2] The other way is to actually get him to close the account and has he is out to cause as many problems for her as he can the chances here are probably a big fat zero. So, is there anyway that she can get this account closed/ name removed other than what the bank has said. She really wants it closed as to protect herself from any debts he may run up. The other question is now she's made this new IS claim will they take it from the date of the claim or will they back date it to the start of the original claim. Any help/advice is appreciated
  10. Hello, I'm currently a registered carer looking to join a carer's organization. They do disclosure checks on the protection vulnerable scheme. I have a previous conviction against my ex on harassment they have allowed me to continue to work at present, they are considering to put me on an adults list. They have asked for more information. Its being considered by Scottish ministers. They have asked for references and letters from doctors that may help you get clear. Anyone been down this road advise on what else I should include? Thanks.
  11. Military personnel in Scotland protected from tax hikes READ MORE HERE: https://www.gov.uk/government/news/military-personnel-in-scotland-protected-from-tax-hikes
  12. Hi I am looking for information held about me from social services before and after I was adopted. I was adopted in 2007 when I was 9. I was adopted along with my 2 brothers. I understand there may be implications for access to data relating to either of them. Is it as easy as sending a SAR's to the heads of childrens and families in the area I was from and the area I was adopted to i,e Inverclyde council and South lanarkshire council. Any help and advice is appreciated. Both my birth mother and adopted mother now have dementia so the option of asking either is no longer an option. Thanks NJ
  13. Hi i am looking for some advice on what to do with a court letter i have received. It is from an old credit card from Aqua which i had taken out back in 2013. The Claimant is now Arrow Global Limited who i assume has now purchased the debt. I have until 11.08.17 to reply. Issue Date: 06.07.17 Amount approx: £2288.42 Claimant: Arrow Global Limited Solicitor: Shoosmith LLP Original Creditor: Aqua Credit Card (NewDay Ltd) Particulars of Claim: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ('the agreement') between the claimants and Newday Ltd ("the original owner") dated 18/10/2016, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the respondent to the original owner which were in existence as at the date of the Agreement, and in particular in relation to the contract hereinafter condescended upon. The said assignation was intimated to the respondent by the way of a written notice on or around 18/10/2016. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consuer Credit Act 1974. Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis which the fell due. The Said contract between the original owner and the respondent is a regulated credit green in terms of section 189 of the consumer credit act 1974. it is dated 20/02/2013 and relates to a credit card issued by the original owner for Aqua credit card with the account number: xxxxxxxxxxxxxxx. on numerous occasions between 20/02/2013 and 30/01/2015 the respondent utilised the credit facility created under said agreement by purchasing goods and services on credit using the facility. It was a term of the agreement that the original owner would use statements in relation to the account on a monthly basis upon which would be stated the current balance the minimum payment which required to be made in terms of the said agreement and the date by which said payment required to be made. By the nature of the said agreement payment to be made each month fluctuated from month to month depending on use. The last payment made by the respondent thereunder was made on 27/05/2014 in the sum of £110.00. It was a term of said agreement that failure to meet and payment on a due date would render the account in default and would entitle the claimant to serve notice of default on the respondent requiring the respondent to remedy the breach within 14 day failing which the agreement would be terminated. on or around 30/01/2015 the respondent failed to make payment of a sum which had failed due and the said account thereby entered into default. A default notice was issued to the respondent on 30/01/2015. The respondent failed to remedy the default following upon service of the said notice and the account was accordingly terminated in accordance with that notice. The account remains in default. The sum due in terms of the said agreement amounts to £2288.42. The right to receive payment of the sums due in terms of the said account vests in the claimant. The form asks what documents they may bring to court to support the claim and they have listed.. A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon. Is the debt Statute Barred? No List any letters you have sent: None Yet Sorry for the long post but i am unsure on how to proceed with this. Should i just admit it and offer some sort of monthly payment? What would be a reasonable offer? I am not sure if they have all the original documents and no evidence was attached to the letter but as above they said the will be produced in court if i defend the case. I am not 100% sure but i think i might have signed an online credit agreement at the time so i assume they will still have a copy of this. Any advice would be much appreciated. Thanks
  14. Hi folks, I know there are a couple of threads on similar topics, but this one is specifically about Scotland where rules may be different. I received a letter from sheriff's court demanding payment for 20+ parking tickets (almost £2500) issued in early 2015. These were for on street parking in Dundee city centre where I was living at the time. I didn't get any ticket on my car at the time, nor any correspondence in the post either at the time or at any stage over the past 3 years. They all occur over a 3 month period (March - May 2015), and I was still resident in Dundee until August 2015 so surely I should have received something? Where do I stand with a demand like this? Surely they would have had to send me some sort of correspondence over the past 3 years? What proof should I ask for that the alleged offence actually took place when they say it did? All they've sent me so far is a list of dates and a final demand. The car itself was written off in an accident in September 2016 so I no longer own it. Anyone got any suggestions? Thanks in advance
  15. On applying my GP informed for all records it would be £50.00. I explained I didn’t need access to all, the problem I was trying to resolve occurred sometime between 2010-15. I was given a date for viewing, when I arrived there the GP had printed off letters in advance - 38 in total. 20 of these I already had – 2 were irrelevant and 2 was just my registration details. I said I would need to take them home and read them, she tried to convince me to stay and read them there – I stayed approx 30-45 mins. I did not view records online. A few days later I received an invoice for £50.00. I emailed the surgery asking for a breakdown of costs – This is what I was emailed back Preparing Notes 10.00 Photocopying of Notes 10.00 Doctor's time £30.00. The practice website reads - You have a right of access to your health records. A small fee may be charged to cover reproduction costs. I do not consider 50.00 a small fee In the meantime I have accessed other records relating to a hospital admission in 2015 – I went to view the records at the hospital and took away approx 50 photocopies – no charge I have emailed my surgery back and stated my case and am awaiting a reply. Can anyone share costs they have been charged – Thanks.
  16. Received a yellow PCN whilst in retail park 3/1/18. Yellow one from VCS. I was parked in the Disabled bay and in a rush. Placed my badge, not right down at the window, because I can't reach it to put it away. Saw the PCN, opened the car door and the badge was on the floor. Unfortunately I did say I was driving and sent copy blue badge. I have sent two letters to VCS and the one I got last week said I still had to pay and I could still pay the original amount of £60. This is stressing me out, sleepless nights, worrying and causing my asthma to flare up. Not good at writing letters. Help!!!!
  17. Hello Everyone I started getting letters from Nolans probably around 2 months ago about a Personal Loan debt that was from years ago. The debt is not on any of my credit files so it was a surprise to get a letter from a sols about it. Its a Sainsbury's Bank Loan for £16k that i took out on 9/7/09, very shortly after (around 6 months lost my job). I had been making token payments of £20 per month to originally Blair Oliver & Scott who after around 1 year, passed the debt to Cabot around Nov 2011. I continued the £20 per month till around Jan 2016 then I lost my job again, and couldn't pay at all. If I am being honest, i thought due to the time since i took it out (8years ago) and the fact that it was off all 3 credit files (equifax/Experian/Callcredit) It had been written off by the creditor. Im always weary with debt letters as the terminology is always "we may" and very rarely "we are doing" but being so close to having a clean credit file the letter has came as a bit of a scare. Any advice? I can post a copy of the letter with personals omitted if it helps?
  18. Hey, Today I received a penalty charge notice from my local authority whilst parked on a marked bay with a single yellow line with a time restriction on it. (30 mins) The Ticket I have been issued causes me some issues and feel that there is key information missing from it. Would be grateful if anyone can assist. The ticket I have offers no details regards my rights to appeal. The only reference to appeal the ticket makes is that it is "not possible to pay the reduced charge and appeal against the Penalty charge notice."... Surely that can't be right? its well documented that upon appeal the 14 day reduced period should be suspended? The ticket also fails to detail the evidence ie the times between which they are claiming that I have been parked in the marked bay that would prove I was there beyond the 30 minutes. No doubt they will have taken timed photographs. the penalty charge notice has been issued under the RTA 1991. Is there any clear guidance that I can access that would state what information has to be on a penalty charge notice? I have a number of other issues with the signage of the road which I was parked on that I will be raising with them however I'm on firmer ground with that information. cheers for any help D
  19. Hi guys im hoping for some advice on what to do with this debt, i had no idea they would take me to court for it and am panicking a bit now, i have looked around the site but cant really find specific advice, so apologies if i havent looked hard enough and i appreciate any help you can give, cheers neil. What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. on 31/03/2015 the respondant entered a mail order agreement with J D WILLIAMS AND COMPANY LIMITED under which the respondant borrowed from them a sum of money payable on demand. the said agreement was an agreement regulated under the consumer credit act 1974. the respondant failed to pay as agreed on demand and is in breach of contract with the said J D WILLIAMS AND COMPANY LIMITED. the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED ON 07/06/2016 and the claimants have advised the respondant of the same the last payment was made to account on 07/09/2015 the said sum of £1029 is the sum sued for. the claimants have made frequent requests to the respondant to make payments of the said sum but the respondant has refused or delayed to do so. What type of action? (Small/Summary/Ordinary) simple procedure notice of claim. small? Is the claim for a current or credit/loan account or mobile phone account? catalogue When did you enter into the original agreement before or after 2007? after 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 cabot/nolans soliciters Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? most likely Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unsure Why did you cease payments:- financial difficulty 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
  20. Hi all, Well... this one has been going on for sometime, and there's definitely been some skullduggery going on. so I thought I'd ask for opinions on the matter. The issue concerns a £6K HSBC credit card debt and crosses borders! Around the time I went to university I opened a HSBC account along with a credit card (2003). This account was opened in England. Fast forward a few years to 2009 and I (like many) was a victim of the financial crisis and back home with Ma and Pa, now living in the Scottish Highlands. I managed to keep repayments up until early 2010 when it was no longer feasible and there was a £6k debt on the card. At this point I made a formal request for a true signed copy of my CCA. They couldn't provide it, or a reasonable explanation of where it had gone. At which point I placed the account in dispute and ceased payments. They ignored the fact it was in dispute and passed it onto DG Solicitors. I ignored all communications and they passed it onto MKDP around 2012/13. I contacted MKDP in July 2013 (letter attached) pointed out it was in dispute with HSBC and again requested my CCA (with a £1 postal order). They provided something of a reconstituted copy, but admitted they couldn't enforce the agreement. Carried on ignoring and it got passed onto Robinson Way. They admitted it was unenforceable and eventually asked for 10%, which I still ignored. Last year I moved back to England with the missus. I received a letter from Walker Love collections via the mail redirection. With most of my personal documents in storage in Scotland still I was thinking it was 5 years and statute barred (as per Scotland) so I put in a standard letter denying the debt. Walker Love have replied with a "Statement of account" showing I made a £1 payment in July 2013. This of course would have been the Postal Order I made at the time for the CCA. To be fair I guess that would count as acknowledging the debt anyway, but sneaky (skullduggery!!) all the same. I haven't made an actual payment since 2010. The account has now been placed on hold till 18th April 2018 to give me chance to respond. A few other points to note; My main current account is still registered to my parents address in Scotland and it is also where I'm registered to vote. I do have a joint account with the new missus and rent a house with her in England. Walker Love do not know I'm in England. The defaulted account has gone from my credit record and my score is quite good considering my past problems. I now work in the Merchant Navy and can be away for four months at a time. It could be the case that I am away when I need to take legal action etc etc. I'm still not a wealthy man and struggle to make ends meet. I'm not sure how the law relates to me, a debt is SB after 6 years in England, but 5 in Scotland. The account was opened in England, but I was resident in Scotland when the issues began. I could probably argue to being resident in either country at the moment. During moving and over the years I have misplaced some of the paperwork, but I do have some key bits. Scans attached. I am worried that Walker Love may try to escalate things with what I believe is the statute barred anniversary date of July 2018 approaching. Your opinions on what to do next please!!! scans.pdf
  21. Defence Secretary reviews tax on Armed Forces in Scotland READ MORE HERE: https://www.gov.uk/government/news/defence-secretary-reviews-tax-on-armed-forces-in-scotland
  22. Hello. I apparently have £12k Council Tax arrears. I recently got a Sheriff Officer hand delivered letter demanding payment within 14 days. The arrears start from 2002 until 2018. I have 4 questions. 1)If I was not living in the property, (housing association) during the time of the invoices, but still on the voters roll (and tenancy agreement), do I still owe these arrears? (I can prove I was living at another address for several years, under a separate Council Authority). 2) If I made myself bankrupt, can I include all of this 'debt' under it? 3) How can I stop any further action, pending a dispute/starting bankruptcy? 4) How do I quickly start bankruptcy (I have no other debts, not concerned regarding my credit rating, don't own anything, I currently work - earning around £1200 per month). Any other positive advice would be useful. Thanks in advance :
  23. Hi everyone, I am about to make a claim against the above. I have received claim doc from BoS to fill and return within 14days. Does anyone have any experience of filling the form or claiming against them, so I do not make an error. They have sent me questionnaires for loans and credit cards Also, I have previously claimed bank charges from welcome finance and capital one some years ago. I have lost all the paperwork. Can I still claim PPI against them, and does anyone have their address or know how to make the claim. All advice is highly appreciated.many thanks
  24. Hi everyone was kind enough to help me before and i need advice again: Hi Help I hope some-one can advise me on the issue i am now having with my old yard owner who has changed the terms of the contract regarding our deposit. I could moan forever about the yard we have just moved from, but i won't we did have issues with overgazing, 1 bale between 6 large horses and 2 ponies metal sticking out of a mound on the field, baling twine and haylege wrappers all thorough mound all appearing as 1 horse keep routing through it to fine nettle roots and nearly all horses ended up with mud fever. Large nest of rats living under pallets where dungheap (apprx 13ft high) was Stables flooding 4 times and my friend had to replace all her bedding at her own expense. However it was the hay in the field that was crippling us financially. We already paid £130 D.I.Y livery we had to buy our own straw and haylege (which was fine) and then we shared a bale of hay in field this cost between 5 & 6.70 a bale and it started off every 4 days then it was every 3 days. I have a pony and the girl i moved with has a pony, the yard owner has a 17.3" and a 16.2". Guess who got chased from bale every day, we brought our in at night to ensure they had access to food and nets, again a catch 22 as our haylege costs increased. You hade to go about 3 mile on roads to find a hack and we handed our notice in and gave 5 weeks notice. My friends young horse broke a slat of the garden fence and we ppaid a fencer to come and fix this. The livery was paid to her parents and hay etc paid to the yard owner, we had paid a deposit when we arrived and as we were both really skint, i asked the yard owner if we could bet that on the 28th when we left. She said her mother had it and she would see her. The next day i received a text saying "Hello Yeah yous will get it back within 30 calender days of leaving as states in contract". We then realised she had never given us a copy of the contract, so we asked for this and she said she would send it asap. Yes, you guessed we had to get a copy from another livery and this is where it gets interesting. The contract reads "One Calender months deposit per animal must be paid on arrival at yard (or earler to secure a space), this will be reunded within one calender month of clients last day on yard subject to but not limited to the following conditions; provided all monies are up to date, no debts have been left at yard, no damage caused by client or anyone in connection with client, notice is given as per agreement or if yard is at risk of any loss or potential costs. Another part was: " This is a private yard not a commercial yard and will be ran as such (Simple yard rules will be posted in stable). Where do we stand and what do we do. We need the money and thankfully we are in an amazing yard where the farmer is more than happy to go the extra mile for his liveries. We are in Scotland.
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