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    • Ok another update and its all rather confusing, ive been trying to work this out for hours now and I cannot make any sense from it all.   Apparently the meter was put in on the 1st of April, I was sure it was July. However what makes sense is that I gave a reading in August, which I thought was for the month but it was for the quarter. I must of written it down wrong for a monthly reading, when it should have been written down as a quarter reading. I may have wrote the date down wrong when to read the meter.  However I do know that I contacted bulb a week before the meter went in, that I am very sure of. Which would of been about the 27th, They have it registered that I gave a reading on the 29th of March. However they have an opening reading from the 12th of March.    Im confused with that date as I know I contacted them a few days before and they put the meter in as an emergency and was definitely done the following week. Despite my memory being shot at the moment I do have some dates written down and the date of the change is on my meter. However its a little hard to read, it does look like the 1st of the 4th but it can also look like the 1st of the 7th. I was with 2 previous companies so July would make better sense. I moved into the property mid January, EON was the provider and I changed that within the first month so would have been February, then I went with OVO and changed them as they couldnt provide the normal meter for about 6 months at the time so changed to Scottish power. I know I was with them for at least a month before I contacted Bulb as they also couldnt change the meter to a credit meter.    So April doesnt seem to fit here. Im still trying to find any paperwork I might have to verify all this but I know everything was done via phone and online. I wish everything went back to paper bills, it was so much easier to try and trace back.    Anyway they have done a closing account for the prepayment and im a little confused at this.   The charges from the 12th of March 2019 to the 4th of April 2019 are £376.91.     Now I know that there is no way I put this amount in the prepayment meter. I had no heating on in that month, I remember it was such a mild Spring and I rarely had any heating on as this bungalow is very well insulated. The most I topped up in just one week was £25. So how they can justify that amount, I cant even guess.    Im worried they will use this amount to estimate my usage. I still cant get to read my meter, even if I stand on a ladder as its so high up and it just looks like a bunch of zeros, Ive even taken a photo but it still looks like a bunch of zeros, even when blown up. It was hard to balance on a step ladder as it was with one hand trying to take a photo, so not the best.   Ive managed to get into a link they sent me, its a portal. The balance is showing nil owing. and there are no statements showing.    So basically all they have sent is a closing balance on the prepayment meter and log in details for a portal with zero balance. Ive requested the meter be read. Which I keep asking for, but my landlord will come and try read it for me so I can send it.  Im just worried when I do im going to get such a large bill I cant pay. These people just seem so elusive on what I should do despite asking these questions. The only answers im getting doesnt seem to make any sense.    I know its partly my fault, I should of kept at them, but its not been an easy couple of years. 
    • But they added £60 on top of the £100 before court costs Thanks though, how do i file a defence , do i do it by hand?
    • If the hire purchase agreement ends in your husband's name then it will be your husband who will have to bring any complaints, bring any legal proceedings – et cetera. Write to Blue Motor Finance in the way that I have suggested. Point out that you have asserted your rights under the consumer rights act to reject the vehicle and that is the end of the matter. Tell them to start making arrangements to refund your the money and tell them that you won't stand for any nonsense. If you have pointed out to them already tell them that there will be legal proceedings unless they sorted out extremely quickly. What have you done to get rid of the car? If you've got Blue Motor Finance's prevarication in an email that that is excellent and you will use that against them. This thread has already been tweeted out to them and they will see the tweet on Monday and they will understand that they are been discussed on social media – and that it doesn't look very good. I'm sorry to say that you have to keep the pressure on very hard. You expect this of these kind of car dealers. You don't expect it of a regulated finance company – but am afraid that some of the poorer ones do act like this all too often. You can certainly call them if you want. What you definitely want to see what a reference number and if you call them tell them that it is a complaint. You can also tell them that they are been discussed on social media. Please keep us updated. I'm afraid that this is unlikely to be the end of it.  
    • So got the official judgement  sealed on 15th June , but refers to handed down 9th June    doesn’t say when to pay by - is it 14 days of the 9th or 15th (to stop any enforcement) or 28 days from 15th or 9th to stop it appearing on credit file ?   also I’m hoping it’s the legal jargon -    bur says each defendant is to pay  £25,000 and interest £1644    I know I brought his up before , but it’s just legal jargon for each defendant is liable to pay for the £25,0”” and £1644    rhey don’t actually order us to pay 54,000 for a  25k claim ???!!    
    • My apologies it’s Lumb’s with an S in Brigg North Lincs. As per my invoices anyway!   the upgrade free is for an entirely different machine so replacing the one we have with another machine that is deemed appropriate for our site as it holds water within the machine. 
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Link Financial Outsourcing - Student Loans debt pre-1998


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Hello All,

 

Link Financial Outsourcing sent me a letter a few weeks ago telling me that I owe them around £8k from a student loan I took out in the following years - 1994, 1995, 1996, 1997

 

I did a little research on this forum and found that pre-1998 student loans are not enforcible and are statute barred debt after a period of 6 years. I have never repaid this debt, not even once and can't remember even writing to them to defer it either. I suppose I have been lucky in that I have lived abroad for quite a few of those years so I guess they have been unable to trace me until now when I have come back to settle in the UK.

 

I sent link financial outsourcing the following letter and they have since tried to call me 2 times.

 

*********************************************************

 

Link Financial Outsourcing

PO Box 141,

Caerphilly,

CF83 9BX

 

Dear Sir/Madam

Acc/Ref No *******/**********

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

I look forward to your reply.

Yours faithfully

**********************************************************************

I am now wondering whether or not to send the following harrassment letter?

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/578-letter-to-dca-persistant-after-statute-barred

 

Could someone please advise?

 

Many thanks!

 

PS: This forum is excellent - I'll be surely donating some money to you guys!

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Link are in breach of OFT guidelines, see page 9 http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf make a complaint to the Trading Standards via Consumer Direct Consumer Direct - Contact us

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Hello Cerberus,

 

Thanks for your response.

 

It says the following on that page:

 

"if a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt."

 

So basically, if the Student Loans have been attempting to get back the money I owe them via letters etc, then do they not have a right to get the money back? They constantly sent letters to my parent's house years back but saying as it's well past 6 years now and I have never paid them a penny I don't see how they can ask for the money to be repaid? See the below:

Statute Barred

 

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.

Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970

Also, I read somewhere that the Student Loans passed all outstanding debts on to Thesis or Link Financial Outsourcing in 2008.

I'm just wondering where I stand here from a legal point of view?

Thanks!

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To be in regular contact is a two way action, they may well have sent letters to someone's last known address but it doesn't mean they've received them and responded. You would need to have made a written response, deferral or payment.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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  • 1 month later...
thus I can not make a claim on this statute barred
If no written contact, deferral or payment was made within a six year period (five in Scotland) it will be Statute Barred. Send them this for now; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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Just to make it perfectly clear, if you have not made any payment or have not written to THEM for at least 6 years (5 If you live in Scotland) acknowledging the debt or acknowledged it in a recorded telephone conversation then it WILL be statute barred. (OR if there is a gap of at least 6 years in the life of the debt where no payment/acknowledgement has been made) Send the statute barred letter by recorded delivery....once you state that you have no intention of making a payment towards a debt that is barred by the statute of limitations act 1980 then they have to stop contacting you...the OFT make it quite clear

 

Section 2.14 (b) of the OFT's guidelines on Statute Barred Debt..

 

 

continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

 

This has been confirmed by the OFT's action against another debt collection agency last year - please read this - OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts - The Office of Fair Trading

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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To Fermanagh

I am in almost an identical situation to you.

I took out student loans in 1994, 95, 96 & 97

I then lived abroad and travelled a lot. I have since come back here and although about 8 years ago I gave the SLC an overseas address I never updated it.

Now last week I got a call about the loan, I would not confirm any details over the 'phone and then today I receive a threatening letter, entitle

"Notice of Debt Collection Services". from Link Financial Outsourcing.

It is threatening to say the least. WHat is bothering me is, that my current financial situation means I am living back at my parents and second they are threatening on this letter about sending an agent to the property.

Obviously the debt has nothing to do with my parents but now I am terrified that someone will turn up.

I am currently not even earning enough to pay the loans back.

I do not know what I should do here.

As far as I can tell I have had no contact with them since 2002-2003 and I do not know if they can say that is my fault and thus I can not make a claim on this statute barred thing.

Also, can they claim all the money back - I do not have any assets as such and would assume they can not send bailiffs to my parents property when it is not their debt.

THis is completely stressing me out and I do not know what to do.

Any advice at all??

PLEASE

 

DONT STRESS

 

I had a student loan pre 97 and havent paid a penny back

 

Also NO ONE will turn, its just to get you worried in to contacting them (and they are succeeding by worrying you)

 

No baliffs will call (only once gone to court etc)

 

More experiance people will give more indepth advice...

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OK..

Thank you to all replies here.

Is it recommended I write or call them back in the first instance?

Should I write about this statute barred status? I am concerned about opening a whole can of worms here.

I am completely stressed out and can not believe after all this time I get this sort of letter.

Thanks again for the feedback.

Edited by Katybintjas
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Is it recommended I write or call them back in the first instance?
No send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/577-statute-barred-letter-scotland once they receive it according to OFT guidelines all collection activities must cease until such time that they can prove it's not Statute Barred. If they continue complain to Trading Standards via Consumer Direct.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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If that is what they told you then they are incorrect...

 

Student loan agreements are simple contracts

and this gives the Student Loans Company

(SLC) six years from the date you last paid or

acknowledged the debt to go to court to

enforce the agreement. There are two sorts of

student loans and different rules apply

depending upon when you took out the loan.

Old style student loans

Old style or ‘mortgage’ student loans are

consumer credit agreements. Payments cannot

automatically be deducted from your wages.

The SLC has to go to court before they can

enforce the debt against you. This means that

the Limitation Act can apply if you have not

paid or acknowledged the debt for over six

years.

WARNING

Asking for the loan to be deferred could

count as acknowledging the debt and start time

running again.

New style student loans

From September 1998 new style or ‘income

contingent’ student loans include rules to say

that repayments will be automatically deducted

directly from your wages or through your tax

return if you are self-employed. This means

that the SLC are still allowed to take money

from your wages for a loan over six years old

as they do not have to go to court to do so.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

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It's not the first time CAB have been wrong and no doubt it won't be the last. :rolleyes: Obviously whoever you spoke to does not know the difference between the old style student loan and the new style.

 

As for someone visiting your address, see; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-.html

 

Send Link the letter in post #11.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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And Link have overstepped the mark previously with the Office Of Fair Trading - OFT warns debt sector about tracing tactics - The Office of Fair Trading

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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You need to send a different variant as this is Scottish Law - Cerberus alert mentioned this thread above in post 11 - here is the link again - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/577-statute-barred-letter-scotland

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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The CAB do a fantastic job, but in some areas are underresourced and sometimes do lack some knowledge. I know this from personal experience too.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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If you have sent the statute barred letter, and they are continuing to call then write down the dates and times of their calls and send an email to the OFT

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hello

I have written the Statue barred letter. Do I even include my address on it as would be normal in a letter as that is surely acknowledging it or do I leave it blank and just the reference number?

I plan to send it today. Another call was received this morning - although no one answered it, there was just a cut off message on the answer 'phone.

****

Dear Sir/Madam

Loan Account Number: XXXXX

 

You have contacted me regarding the above account number which you claim is owed by myself.

I would point out that under The Prescription and Limitation (Scotland) Act 1973, Part 1 Section 6 “If, after an appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

a) Without any relevant claim having been made in relation to the obligation, and

b) Without the subsistence of the obligation having been relevantly acknowledged, then as from the expiration of that period the obligation shall be extinguished”.

I would also point that the OFT say under their Debt Collection Guidance on statute barred debt that it is “unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973, I would respectfully suggest that you are no longer able to take any action against myself to recover the alleged amount claimed.

I await your written confirmation. Contact MUST be in writing, I have no access to any telephone number you hold.

Yours faithfully

****

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