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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Pepper UK/engage mortgage/Mars Capital - excessive unlawful fees reclaim+Eviction


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Hi there, surely your application to suspend eviction should be heard in the court which issued the eviction notice, and as On the Case said, the same court where the bailiffs would execute the eviction warrant ?

 

You're not asking for a hearing to appeal the higher court decision - you're asking for a hearing to suspend an eviction notice.

 

 

hiya Ellen

 

thank you too for looking in, this is what we first also thought and survivor told the desk clerk this today, the clerk had to call the higher court where the appeal was heard, and since its the same case it now has to go higher court in the next big city to us

 

ive tried to put in more info on my last post below

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya all again

 

further to my post no 318

 

=====

 

we are really unsure why we are being told to do the appeal -

 

survivor has rung her insurance and someone will call her tomorrow as an urgent claim

 

she will also contact the solicitor who helped in the last appeal to understand a bit more

 

 

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

 

We have found the Notice of Eviction

 

it clearly states In the ((Our town name)) County Court giving info on when the evicition to take place and time.

 

So why still the appeal to appeal against the previous appeal which we lost.

 

#Thus is the Notice of Eviction misleading ??? we assumed of course we could just do a n244 to suspend the eviction notice we had received. (which of course was dated 23.11.09 after the last hearing we lost on the 17.11.09)

Edited by angel_1

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Did you take the Eviction Notice with you to the local court?

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Did you take the Eviction Notice with you to the local court?

 

 

no we didnt - we didnt include it in the bundle - Why do you ask pls? now thinking about it should we have done- suppose we just relied that the n244 would be sufficient

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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I was just thinking that if the court saw that the eviction notice was issued by them, then they would realise that the hearing should be held there. This is a separate issue altogether from the hearing in the higher court.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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I was just thinking that if the court saw that the eviction notice was issued by them, then they would realise that the hearing should be held there. This is a separate issue altogether from the hearing in the higher court.

 

 

right we are now realising this, but is it possible for court admin staff to make such an error when surely their computer records would have shown them this notice had been issued by them and we were surprised to be told that it had to go to this appeal

 

what is there to appeal further?? since the last eviction date was the 9.10.09 and had been adjourned on payment of the cur monthly installment and thus the eviction date had passed.

 

Therefore we agree this is a new eviction order which to us is a fresh n244 defense

 

are we thinking correctly now ?

 

so will go to the court in the morning and show them the notice of eviction. the N54 form issued by them

 

Whats your thoughts now? cheers

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Hi, what info did you put on the top part of the N244 - did you put the details from the eviction notice in the boxes, i.e. did you put the Warrant Number in - this should have told them it was issued at their court. If you only had the case number then probably they would only have the info that it was transferred to a higher court.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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Hi, what info did you put on the top part of the N244 - did you put the details from the eviction notice in the boxes, i.e. did you put the Warrant Number in - this should have told them it was issued at their court. If you only had the case number then probably they would only have the info that it was transferred to a higher court.

 

oh jeez

 

 

we did think of the warrant number but didnt have it to hand at the time and of course hadnt used it before the appeal - so we can now understand what you say - the warrant number would have flagged it higher for them -

 

but she was dozy person - sorry she confused me with science mind you at 4.30 p,m today i was a tad tired, now im really cross

 

 

so now what happens if we go back tomorrow and it gets accepted they only hear cases monday and wed,

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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If you can get there first thing in the morning and can get them to understand about the warrant then you may get an emergency hearing there and then.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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If you can get there first thing in the morning and can get them to understand about the warrant then you may get an emergency hearing there and then.

 

 

yes we would like that but how would they inform the other side?

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya all

 

we are going to call it a day , as we have been on this all day and done bugger all and then the silly woman doesnt help us arghhhhhhhh at the court i mean

 

so survivor will go there first thing and take all the n244 info we did today and also more importantly the eviction order and hope and pray it is heard there or at least this week or adjourned for next week

 

thank you all very much for your heartfelt assistance - i may have slowly gone mad today without your support

 

survivor shouts out thanks toooooooooooooooo but we shall update the thread tomorrow when we can

 

nite nite and keep positive

 

laters all angel and survivor:cool:

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya all

 

it was one hell of a day yesterday

 

anyway if nothing else it taught me personally not to take anything lightly from the courts anymore,

 

just printing off the n244 again with todays date and including the warrant no now too

 

survivor will go this morning and as i said as soon as i have info will update

 

again thanks to all who have sent your kind messages of supported it is very much appreciated - i personally feel im going to be facing this eviction too - i wish i could do more but unless we win that lottery here is hoping i sure would help others facing this type of stressful situation

 

anyway lets keep positive have a happy day all

 

laters angel x on behalf of survivor too

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya all

 

 

its not good news im afraid, it appears that they have to go to the higher higher court to appeal the previous hearing that they lost unfortunately

 

you can all imagine how devasting this is, to hear that it looks like they have managed to force it this way, it looks like unless they can pay the full amount of arrears and charges by friday they will be evicted

 

survivor felt that it would not be of any use to go to this higher appeal as they dont really have any new evidence to show and is this judge really going to overide previous judge?

 

im not sure what is going to happen now but i think today they are taking stock of the situation and im just updating you all incase we havent thought of something that we can do say now tomorrow at the latest

 

i thank each of you for helping me support survivor im just at a loss what else i can do to help them

 

im out for a few hours will be back later to see your comments

 

again i am astouded that this is happening today

 

take care catch up laters angel x

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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So sorry to hear that news - very sad after all that has happened - I am sure Ell-enn will be along later to see if there is anything that has been missed.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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thankyou Jansus

 

the only alternative now is to pay the full amount including all charges to keep the house, know survivor is looking into this lets hope and pray she manages to get this resolved

 

i have no other info at the moment to update as soon will let you all know

 

take care laters angel x

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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angel, I'm so, so sorry, Please tell Survivor that, and that I'm thinking of her. I have been very close to this and only managed to stave it off by the skin of my teeth.

 

She'll obviously be begging for help from everyone she knows and I wish her all the luck in the world.

 

DDxx

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hello michellej and daniela

 

yes hiya - well ive given her a couple of numbers to try out, and im sure she is asking everyone to help, i also have been there but managed to sort myself out before any court action took place - was lucky i got an arrangement plan that i stuck to weekly for 6 solid months to get myself out of any court action and to be fair my lender was helpful in letting the remaining arrears be capitalised after the 6 months

 

But it was a real worry at the time, so i do understand this is far more serious now - however, the lender has refused to accept a third party to pay by credit card half of the amount, they say proceedures have changed and they cannot accept it, money has to come direct from the mortgagee thus they mean a bank transfer or cash deposit, who has that amount of money in cash, only a loan shark and we aint going there

 

they insist they want the whole amount and really a tall order - so im buying a couple or scratcards today just in case i can win a bit enough to help today

 

i will of course give your warm regards to them - thank you

 

catch up laters with any updates - even checked our weekly lotto nothing won

 

kind regards angel x and from survivor too

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya guys

 

just updating you and also to ask for a little more guidance please

 

we are scraping together the money and hope to have it all by tomorrow morning

 

but what im thinking now for survivor - how can we squash this totally now

 

if we get all the arrears they are wanting plus the charges they are wanting paid off tomorrow

 

so we are back at a level playing feild with no arrears of any kind, how can we get this not to rear its ugly head again should god forbid a payment is not made in the next few months

 

can we get some kind of order done at the court so that if it should happen the clock starts from the beginning and not that they have to issue another eviction order immediatly

 

i thought id read somewhere that we can get this stopped fully once all the arrears are paid off,,,

 

hope you understand what i was thinking of, appreciate your thoughts, its just something ive thought of tonight

 

thanks again will look in before i go to bed and also early morning

 

cheers angel x

Im happy to help with support and my own thoughts, but 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.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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As far as I know you can get a Certificate of Satisfaction which should effectively stop them reusing the same court order should further arrears arise - and of course dont forget to see if you can reclaim the arrears fees they have added.

 

If they try for another order counter by stating they have already had over the odds in arrears fees on the previous case and that should help delay things.

 

Good luck with tomorrow, I wish I was able to chip in with funds but I am skint due to an unexpected house move - not through repossession this time.

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