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    • doesn't matter you've admitted about the DN and anyway where have you done that and to whom?   by assignment arrows are the creditor regardless to your acking of that fact or not.      
    • Just ignore the letter.   Block/bounce their emails or let them come through so you know what they're up to, and keep us posted.............   😎
    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • For PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH       For either option, does it say which appeals body they operate under. Yes    …………………..     This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.    POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.   docs1.pdf
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sunflower99

Just Recieved A Signed Capital One Agreement

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Thanks for the tickle/rep comment.

 

I can help but i will need to know who u are so i can look.


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi Godmother!

Thanks for putting up your cca copy to compare.I am not a great expert on CCAs.The first thing i notice is that unless you took your crapital card out in 2008! set of ts and cs on 1A totally irrelvant and are current terms and conditions as they have 2008 printed on side so can be totally disregarded whatever drivel it says!:D.!B which crapital One allegede is on the side of your cancellation form but only on their say so! do not in my humble opinion contain the proper prescribed terms and conditionswhich make it enforceable there are no tables of precentages and time taken to pay loan or credit card off!and also as they appear to be part of set one as they precede set 1A!Set 1B have terms 1 to 11!Set 1A have terms 12 to 23 but both not applicable to original terms and conditons when yoou took card out as the page refers to May and july 2008!Also the only thing you got on display here is the cacellation form! no signed agreement! Is that all they sent you?set 2 also refer to July and Aug 2008! if that alll they sent you you got no worries with yours you lucky thing!:D

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi godmother had to edit post as my brain not funtioning very well this early in morning!Hope last post makes, sense! LOL! Thanks for accepting frienship request and taking an interest in my threads! and giving me some moral support!:)


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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yeah i think they can try and pass them off as original.

 

Well they have no chance with me as i fight and fight hard.


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I am sure that cca would not stand a chance in court as all conditions sare from 2008 and they only sent you a cancellation form :D


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi i just wanted to clarify in what way that this table of percentages and other terms and conditions is unenforceable on the above quoted second page that capital one are trying to imply is overleaf of back page?should i need to point out all the concerns and shortcomeings about this CCA? Does The fact that that table of percentages and the other ts and cs on the above page appear not to have number of repayments over specfied times to clear various sums of borrowings on card?I just wanted to clarify all the defects in this supposed cca that i could point out should i need to point out this CCA is unenforceable?I know i can also throw question on it by questioning the absence of term 23 overleaf ! and the fact that there are application forms in existance on this forum that are exactly the same but have different middles!:rolleyes:but just wanted to pull the second page to pieces as well in establishing that even if it was overleaf it is totally unenforceable! Sorry to be a pain but still feel fairly new to this business and want to check i got all facts right and know what im talking about?Any opininon and input to answer this question would be greatly appreciated.:)

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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There is no need to go into detail. What you have received is an application form and a set of 2008 Terms and Conditions. They have not fulfilled your request for a true copy of the credit agreement as laid down by the Consumer Credit Act 1974 and the account is now in dispute - keep it simple. Ididn't reply to them at all and I haven't heard from them since.

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There is no need to go into detail. What you have received is an application form and a set of 2008 Terms and Conditions. They have not fulfilled your request for a true copy of the credit agreement as laid down by the Consumer Credit Act 1974 and the account is now in dispute - keep it simple. Ididn't reply to them at all and I haven't heard from them since.

Hi Pinky

Thanks for advice! i know you are right that they have provided ts and cs which are more current and not the ones in force when card was taken out in 2003 i am sure!but crapital one have been careful in mine to leave out any year of issue! or give aways such at putting in the overlimit fees and overdraft fees! so iHow can i prove what year those terms were from as i can not see any give aways in that second page?Godmother was lucky in that they printed 2008 in hers! sorry to i am probably being thick as i am still very new tho this game! and tend to be a bit of a worrier! Also in your case did you report your dodgy CCA to another body such as TS Fos or oft?Crapital one gave their final response when they sent this! and most people on this thread said i should not bother contacting crapital one complaining this just an application form! so not sure what to do now?At least should anyone try to take things further with this CCA i can point out the fact that sec 23 is not overleaf and that it does not apply to use of information! and that the definite ploy of crapital one to insert faint lines on both pages implying they are fold lines linking both pages together is a bit strange if you get my drift! as the absense of term 23 makes it clear that those pages were never connected as well! hopefully enough to throw a lot of doubt on that application form which crapital one allegedes is a CCA!:grin:


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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There is no need to go into detail. What you have received is an application form and a set of 2008 Terms and Conditions. They have not fulfilled your request for a true copy of the credit agreement as laid down by the Consumer Credit Act 1974 and the account is now in dispute - keep it simple. Ididn't reply to them at all and I haven't heard from them since.

 

 

Absolutely, sunflower, they should know where this document falls flat on it's face. They have a large legal department that could tell them:) There is nothing to link it to the front of the document and of course there are the other discrepancies. Let them work it out for themselves. :p

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Absolutely, sunflower, they should know where this document falls flat on it's face. They have a large legal department that could tell them:) There is nothing to link it to the front of the document and of course there are the other discrepancies. Let them work it out for themselves. :p

Hi CitasenB!

Thanks for moral support! i just wanted to make sure i was clear on all the ways crapital has failed to fulfiil the request of a cca request in case things ever get taken further and i need to point out these defects in it to a judge!:grin:


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi everyone helping me on this thread!i just received a letter from Dabitarse saying NOTICE OF IMMEDIATE ACTION and that they are planning immediate action against me which may include passing on or selling my account to an external Debt Collection Agency.Any advice how to respond to this latest threatogram would be apppreciated !


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi Sunflower,

I haven't caught up with your thread, but if it's any help...

THEY'RE SHOUTING AT YOU!!!

- in a not-very-cunningly-disguised way.

Read the letter again, and note the word 'may'. Everything that follows is a threat of a possibility.

It's head-monster tactics. They want to alarm you.

DON'T LET THEM!! :) xx


We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi Sunflower,

I haven't caught up with your thread, but if it's any help...

THEY'RE SHOUTING AT YOU!!!

- in a not-very-cunningly-disguised way.

Read the letter again, and note the word 'may'. Everything that follows is a threat of a possibility.

It's head-monster tactics. They want to alarm you.

DON'T LET THEM!! :) xx

Hi sosumiThanks for reassurance!:)xx


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Glad it helped Sunflower

I think that 'Debitas Legal Services' are 'threatening' you with Debt Collectors just about says it all. ;) xx

:)

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We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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If you take no action they may well scream 'til they're sick.

 

David

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well i hope they can clear it up after themselves


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi,

 

I requested my CCA from CapOne on 11th November. They didn't reply but continued to send default notices and call me. When they asked for payment I said I was waiting for a copy of the CCA and the people I spoke to said I had been sent the agreement on 14th November - very speedy!!!!! - unbelievable I thought. Nothing arrived and on Wednesday I received a letter from Debitas like the one in post 63. I called and said that I was waiting for the CCA. I was told to go back to CapOne which I did, and got told the CCA had been sent on 14/11. I said they should send it again. On Thursday another Debitas call asking if I would like to make a small payment while I was waiting. Refused and again asked for CCA. This morning I received a sheet of a bad photocopy. No letter with it, just a comp slip. At the top it there is no address for CapOne - just their name/logo-style. It says Application Form and my name and address is underneath. Blank until halfway down the rest of the page until there is a box headed

 

Credit Card Account Agreement

Credit Agreement Regulated by the Consumer Credit Act 1974

 

This is my application asking to be issued with a CapOne credit card- no prescribed terms or anything like that. I think I will ignore it until they call again. I have seen on other threads that they are attempting to use other later Prescribed Terms/Terms and Conditions and pretend they were in existence at the time ?2002/3 and part of the agreement, but they haven't tried this with me. Maybe they are giving up on this because clearly a number of people on this site have caught them out and challenged the rubbish they are sending?

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Maybe they are giving up on this because clearly a number of people on this site have caught them out and challenged the rubbish they are sending?

 

We can only hope so.

 

At least in your case you've been sent clearly unenforceable rubbish, which ought to discourage them from sending anything else in the future.

 

They may have a hard job explaining why they sent you two application forms which you have signed on the same day, one of which just happens to have some Terms and Conditions from another year on the back, and a couple of strange lines in between the printing which doesn't match.

 

Hold on to that application form - you might need it one day.

 

SH

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All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

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If I have been helpful, please feel free to click the old scales!

 

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A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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Maybe they are giving up on this because clearly a number of people on this site have caught them out and challenged the rubbish they are sending?

Hi Desperate Daniella and Scabhunter

Yes lets hope so! They must realise they are on a very sticky wicket trying to do things like that as if it turns out to be true that is verging on fraud i!At least if i get forced to take this to court or i decide to make a comlaint to TF OS or Fos i have some strange questionable things things that i can point out to a judge or these organisations and i know that people on this site will give me all the help to deal questioning this alleged CCA!


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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If you take no action they may well scream 'til they're sick.

 

David

Hi David and Godmother!

Thanks for giving me another laugh!I was feeling a bit low and depressed when i got up this morning but you lot as usual cheer me up and help me get my wories into perspective!Thanks for all your moral support and friendship.:)


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi everyone

I just wanted to say a big thankyou to everyone who has subscibed to my Crapital one thread!and given me advice and moral support!I hope you all have a lovely christmas!:)xx


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Silly here is a question for you, if they cannot provide a true signed copy of the original cca then the debt cannot be enforced!!! if there isno agreement?

 

they sent my mother a copy of ehr application form along witht he current terms and conditions. it has been passed over to the fsa and the oft....


rockin all over the world

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Hi Sunflower,

 

I hope you had a lovely Christmas too. Mine was certainly quiet on the 'phone front - no calls from Debitas, Mercers, etc. Apparently even they stop for Christmas:) I returned home today and found that Capone has sent me a copy of some of their current T&Cs on the back of a letter, telling me to look at the enclosed leaflet for "the rest of" my T&Cs. This letter comes from the Marketing Department. I wonder if the Legal Department are sending these silly replies from Marketing precisely because the Marketing people probably won't know anything about CCA 74. Has anyone who received a bodged-together apparent agreement ever replied to Capone asking that a person of authority who is aware of the penalties of falsifying documents should sign the document as a true copy (and if they go to Court they could be charged with perjury if it's not a true copy)? In other words, don't try and get someone from the typing pool, or even marketing, to put themselves on the line because they don't know what they are doing.

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Hi Sunflower,

 

I hope you had a lovely Christmas too. Mine was certainly quiet on the 'phone front - no calls from Debitas, Mercers, etc. Apparently even they stop for Christmas:) I returned home today and found that Capone has sent me a copy of some of their current T&Cs on the back of a letter, telling me to look at the enclosed leaflet for "the rest of" my T&Cs. This letter comes from the Marketing Department. I wonder if the Legal Department are sending these silly replies from Marketing precisely because the Marketing people probably won't know anything about CCA 74. Has anyone who received a bodged-together apparent agreement ever replied to Capone asking that a person of authority who is aware of the penalties of falsifying documents should sign the document as a true copy (and if they go to Court they could be charged with perjury if it's not a true copy)? In other words, don't try and get someone from the typing pool, or even marketing, to put themselves on the line because they don't know what they are doing.

Hi desperate Daniella!

I had a lovely peaceful christmas too!Lovely to have a few days free from DCAs!phonecalls!I had a bit of fun with a Debitas DCA this evening! Just kept shouting in a robotic voice communication in writing please several times everytime he tired to say something! LOL until he gave up and put phone downIts the first time i got a DCA to put phone down on me first! :D Still not up to fuzzzy bobbles standard though,My OH says im getting quite good with DCA phonecalls now!Yes it is awful that these banks tampering with CCAS requests.One of these day they are going to get their come uppance! surely judges must be getting more aware of these tricks now!


Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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