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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   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? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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Invalid Default Notices


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Hi guys me again

 

got lot SAR gumph through from mbna still no letter of termination. On details of account they have the status as "Charged off" and on another have "CA Triad Exclusion"

 

Can anyone explain what that means please.

 

Many thanks in advance

 

:)

 

"Charged off" most probably means MBNA have sold you on. Most likely to Exspurto Credite/Varde (Ireland). How does that "charged off" date relate to the date/s on your DN?

 

Don't know what the other bit means.

 

M

 

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"Charged off" most probably means MBNA have sold you on. Most likely to Exspurto Credite/Varde (Ireland). How does that "charged off" date relate to the date/s on your DN?

 

Don't know what the other bit means.

 

M

 

And how much was the DN for? The whole debt I'll bet, not just the arrears?

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Hi guys me again

 

got lot SAR gumph through from mbna still no letter of termination. On details of account they have the status as "Charged off" and on another have "CA Triad Exclusion"

 

Can anyone explain what that means please.

 

Many thanks in advance

 

:)

 

Had a look at that Triad thing and found this;

 

FICO® TRIAD® Customer Manager

 

Looks like some kind of "customer account management" tool, the sort of thing that's used to ramp up interest rates when you start to miss payments. It seems to be used by a lot of credit card co's.

 

I guess the "exclusion" means that you've been either removed or flagged as "off the system".

 

LA

;)

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MandM will check the DN later to reconcile with paper work provided. Thankyou

 

Basa the DN was for arrears only (made up of charges and interest they added in the back door) funny that they only provided statements up to 2006 nothing recent that will prove it!

 

Lord Alcohol will get a look at that later thank you.

 

Thanks all brilliant as usual and hi to Pinky (hope your case is progressing well) the OP of this thread a great source of infomation.

 

:)

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I will do cerberusalert and thanks for that as I was thinking I did not submit the S A R correctly. They also have not included any dealings with the insurance company that took over payments until the balance was cleared. Do I have to S A R the insurance people themselves?

 

MBNA have done this deliberatly! Even the list of abbreviations does not cover everything therfore understanding some of the paperwork is impossible:(

 

Thanks again guys great stuff:)

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Charge off date is 31/03/10 date on the default notice is 09/04/10

 

Also does anyone know what "mail code changed to H" means?

 

Sorry for all the questions and thanks in advance.

 

:-)

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Charge off date is 31/03/10 date on the default notice is 09/04/10

 

Also does anyone know what "mail code changed to H" means?

 

Sorry for all the questions and thanks in advance.

 

:-)

 

It could mean "Hold" after they send a DN they usually never send any more mail.

 

Pumpytums

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I will do cerberusalert and thanks for that as I was thinking I did not submit the S A R correctly. They also have not included any dealings with the insurance company that took over payments until the balance was cleared. Do I have to S A R the insurance people themselves?

 

MBNA have done this deliberatly! Even the list of abbreviations does not cover everything therfore understanding some of the paperwork is impossible:(

 

Thanks again guys great stuff:)

 

 

' I was thinking I did not submit the S A R correctly'

 

it's almost impossible to send in an incorrect SAR request.A request of an SAR by definition is implicit in it's requirements entirely.Simply ask for an SAR!

 

THE HISTORY of the events of the account MUST BE INCLUDED by them when it is sent to you in SAR.

 

Actually as events in real time unfolds the details are input into the system by the computer operator and so it is all contemporaneous and cannot be altered without affecting other related information.

 

WAS your Insurance optional ?

 

I SAR'd a collegues Barclaycard and his insurance was optional but although it was mentioned as optional in the SAR suspiciously that was ALL the info...no length of policy, no EVIDENCE WHETHER IT WAS TRULY OPTIONAL etc...so you should see whether in fact ONLY, you have insurance optional or otherwise...you should not need to SAR the Insurers separately whether they are the same providers under the main agreement or altogether Insurance not provided by MBNA

 

So I written to FOS to find out the exact length and if it was truly an optional policy of the insurance policy because there is no mention of it either in the copy of the Credit Agreement itself nor in the Accompanying updated terms and conditions that came separately with the copy as a result of the s78 request.

 

Mind you the account is regarded in dispute 'cos the copy agreement is soooo small as to be unreadable and therefore illegible.

 

The SAR also shows that in 2007 when he was issued his first credit token s85 (issue 1 quite apart from the one that was given when he first opened the account as that is not counted as issue 1) it was not accompanied by the DUTY to supply a copy of the original agreement and updated terms and conditions even then.

 

In other words he was effectively given a subsequent credit card to use before any revised terms and conditions were sent!! s85 Consumer Credit Act 1974 and it is a default that can NEVER be corrected for the time to rectify has passed..2007

 

If you need to know more about SAR and experiences here are links to;

 

http://www.consumeractiongroup.co.uk/forum/legalities/242726-subject-access-request-fee.html

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/248746-r-vanquis-failing-comply.html#post2788564

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/118145-sar-ppi.html

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/208966-me-them-sar-non.html

 

They are all very short threads so you should be able to finish them all within a couple of hours and your answer will most definitely be covered in at least one of those threads

 

rgds

 

m2ae

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means2anend I will look at this in more detail tomorrow. Looks very interesting and thank you for taking the time to reply. I have been online nearly all day am a bit square eyed:grin: grateful for everyones input:)

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Morning

 

Sorry to jump in just a quickie I think I no the answer too so not worth a completely new thread.

 

If I have a invalid default but no termination letter they can reissue a new one correct?

 

What if I have statement in my possession showing balance ZERO stating account charged off? Is that effectively proof they terminated the account?

 

Thanks

Scrapper Coco :cool:

"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

Beginner's guide

 

Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Morning

 

Sorry to jump in just a quickie I think I no the answer too so not worth a completely new thread.

 

If I have a invalid default but no termination letter they can reissue a new one correct?

 

What if I have statement in my possession showing balance ZERO stating account charged off? Is that effectively proof they terminated the account?

 

Thanks

Scrapper Coco :cool:

 

Morning Scrapper

 

If your a/c is charged off with balance zero it is undoubtedly terminated and presumably has been passed elsewhere for collection.

 

The OC (or anyone else) is not able to issue a new DN as it is not possible to breach a terminated agreement (of course, they might send a new DN...as we have seen elsewhere...but these would have no relevance).

 

I believe that TNs are 'optional'. You may or may not receive one. It's the DN that's important as one must be sent to terminate a regulated contract (CCA s87).

 

LA

;)

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Morning

 

Sorry to jump in just a quickie I think I no the answer too so not worth a completely new thread.

 

If I have a invalid default but no termination letter they can reissue a new one correct?

 

What if I have statement in my possession showing balance ZERO stating account charged off? Is that effectively proof they terminated the account?

 

Thanks

Scrapper Coco :cool:

 

Hi Scrapper,

I wouldn't take the charge off as termination, it's probably for tax reasons. They have probably sold it on, when the new owner asks for the full amount then that's termination.

 

Pumpytums

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Hi Scrapper,

I wouldn't take the charge off as termination, it's probably for tax reasons. They have probably sold it on, when the new owner asks for the full amount then that's termination.

 

Pumpytums

 

The new owner is the in house collection team called Debt Clear Recoveries & Investigations Ltd

 

I told them to bog off 5 months ago as MBNA had issued my mate an invalid default notice and he hasn't heard a word since but want's to get the default removed due to recission and basically them or the CRA's not legally being able to process his data anymore.

 

Make sense?

 

Can someone move my entries to my thread Scrapper vs MBNA Potential Commencement of legal proceedings***WON*** as I didn't want to hijack this one as I have my own

 

Thanks

Scrapper Coco :cool:

Edited by Scrapper

"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

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Scrapper vs Picture (Webb Resolutions) Success

 

 

Beginner's guide

 

Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Sorry about this but forgot to mention that they charged of and defaulted the account with the CRA 28 days before the due date on the DN plus thats defective as well

 

He was making payments and agreed to a F&F called up to pay them and found out that had defaulted his account. Checked with the CRAs and low and behold they had so he told them t bog off.

 

That's when I got involved.

 

Thanks

Scrapper Coco :cool:

Edited by Scrapper

"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

Beginner's guide

 

Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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The new owner is the in house collection team called Debt Clear Recoveries & Investigations Ltd

 

I told them to bog off 5 months ago as MBNA had issued my mate an invalid default notice and he hasn't heard a word since but want's to get the default removed due to recission and basically them or the CRA's not legally being able to process his data anymore.

 

Make sense?

 

Can someone move my entries to my thread Scrapper vs MBNA Potential Commencement of legal proceedings***WON*** as I didn't want to hijack this one as I have my own

 

Thanks

Scrapper Coco :cool:

 

Has the DCA demanded the full sum? If so I believe you can consider the contract ended. If the DN is defective you probably need to write and accept their termination.

 

LA

;)

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The new owner is the in house collection team called Debt Clear Recoveries & Investigations Ltd

 

I told them to bog off 5 months ago as MBNA had issued my mate an invalid default notice and he hasn't heard a word since but want's to get the default removed due to recission and basically them or the CRA's not legally being able to process his data anymore.

 

Make sense?

 

Can someone move my entries to my thread Scrapper vs MBNA Potential Commencement of legal proceedings***WON*** as I didn't want to hijack this one as I have my own

 

Thanks

Scrapper Coco :cool:

 

 

 

Scrapper

 

Check out post 2797 on this thread!

 

I got the idea from here with abit of my own input to fit my mate's personal circumstances

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

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Scrapper

 

Check out post 2797 on this thread!

 

I got the idea from here with abit of my own input to fit my mate's personal circumstances

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

 

 

Would love to but whatever was there has been removed.

 

Thanks anyways

Scrapper Coco :cool:

"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

Beginner's guide

 

Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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I decided to use tinypic...much ,ore compact AND quicker.

 

Also I should like to thank Surlybonds for inspiring me to use the basis of his/her template letter and then to personalise it according to my colleagues particular circumstances.

 

Here is the letter from Lowells...I shall send off a Section 103 at this juncture and use this pattern again and again..This has taken approx 9 months to get to this stage AND i think I have found a method in the madness.

 

Hope you are all encouraged by this AND YOU Pinky69

 

2qid4ba.jpg

 

rgds

 

m2ae

here is the post means FYI, could you post it up again please:)

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missing word!
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