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  1. Hi All, I have recently received a letter from the HMCTS historical debt team about a fine from 9 years ago. they informed me that I had a fine for having no TV licence. I knew nothing about it. About a month later I received a letter from Marstons Group Bailiffs asking the payment of the fine which was £250.00 and also a £75 compliance stage fee. A The letter which was dated 23rd October gave me until 5th November to arrange a payment plan or make a payment. I received the letter on 4th November (a saturday) and when I called to discuss they were closed. I contacted them by phone and was told that as I missed my chance to come to an arrangement I had to pay it in full and that as it had not yet been passed to an enforcement agent then I only have to pay £325 ( 250 fine plus 75 compliance fee). I wasn't happy and made a complaint to which I received a an email advising me to go online and pay. I went online and paid the £325 in full as thats what it said I have to pay (you can't change the amount you pay online as its preset). I got me receipt. today which is a week later I get a knock on the door from an enforcement agent asking me for £235 enforcement fee and that he will use a locksmith to enter to retrieve goods. I explained that i had paid it but he says that on the same day i paid online they sent the account to him. Can he force me to pay this when I already paid the amount requested by their office and online. I have a disabled child to which I am the carer but should that make any difference? He is coming back tonight to force his way in apparently. thank you and appreciate any feedback.
  2. Hi I recently cancelled my direct debit that was set up for my Gym etc membership. I had not used the gym in many moths ~6+ and I believe I was 1 month away from the 12 month contract being up. I received a letter asking for the 25£ i owe as the final installment of my membership contract AND a 25£ admin fee to be payed, so 50£ in total. I am willing to pay the 25£ and either end my gym contract or keep it going but I am not willing to pay the 25£ admin fee. I sent an email to harlands saying this: Hi I have not used my gym membership for many months due to a lack of time because of university and work and you can check that I have not used my membership by looking at my account. I cancelled it and I thought that my contract, which I can't view anywhere, ended in July because in 2016 I cam back from Germany in July and started my membership again . If possible I would like to either pay the 25£ that was due for the last month or restart my membership as in my current financial status an extra 25£ charge is something that I cannot afford currently. I hope you understand this. I have not yet had a response. If they do not respond should i assume that they don't need to be paid. And what should I do if i want to sign up to that gym again?
  3. My Dad is in a care home and I just cant afford the top up fee's any more. The situation is this, my mum looked after my dad after he had a stroke, but in November of 2015 Mum became too ill and had to go into hospital, I was not able to meet for my dads needs so their social worker found a local care home and thats where he went - willingly because he knew it was right, sadly my Mum died on December 27th 2015. My mum told me to pay any bills etc using their money, I had to agree to pay a weekly £40 top up fee to the care home and this was being paid by Dad from his own savings [not technically allowed, but it was the only way], he had his DLA stopped, and then the bills from the council kept coming for his care home fees, added to by the top up fee's. In a year, his savings have been nearly wiped out, the main fee is paid direct to the care home now which is his entire weekly income, minus £24.50 [his allowance], dont forget I have been paying the £40 top ups from his own savings, because.. I am ill myself, I work 16 hours a week and cannot manage to do more than that as I struggle to do the 16 hours, I dont have any savings, and I do not get any benefits, life is a struggle. Soon, his savings will run out, I will be able to use the £24.50 of dads weekly money to go towards the top up fee, he requires very little for day to day things as everything is provided by the care home, I want to know if there is any help I can get for the top up fee, and what the consequences might be when the money runs out. At the time of dad going into a care home, he struck very lucky by getting into one locally, [stockport] but there was no choice of which care home, other care homes have no top up fee, but quite simply there are no places anywhere else and to move him would probably see him off as he is settled, happy, and well cared for. I just dont know what to do or who to speak to.
  4. Hi there, First time posting, but in doing a bit of research before I delved into discussing a letter I received from Harlands, there seemed to be a lot of valuable information on this forum, so hoping someone can help with my specific situation. On 31st March I took out a gym membership with Xercise4Less on a monthly rolling contract with the following information in an email confirmation from that date: "You are committing to a single £20.00 admin fee payment and £19.99 per month for a minimum of 1 months. After this minimum term your membership payments will continue on a monthly basis. You have chosen to pay by monthly Direct Debit and we can confirm that the Direct Debit details provided by you are correct." "You have the right to cancel your Direct Debit Instruction at any time simply by writing to your Bank or Building Society, with a copy to us. Please note cancelling your Direct Debit does not absolve you of your Membership contractual obligations." The following dates had direct debits of £19.99 taken out: 02.05.2017 30.05.2017 30.06.2017 31.07.2017 30.08.2017 I since have been taking on more responsibilities within work that mean I am not getting to go to the gym at all, and as such have cancelled my Direct Debit a couple of weeks ago, and thus my membership (or so I thought, as had been the way at previous gyms...) However, yesterday I came home to the following letter: "Dear XXXXX, re: Your membership to Xercise4Less Harlands administer the collection of all payments due under your membership agreement with Xercise 4 Less. Your bank have advised us that your September instalment has been returned unpaid "instruction cancelled". You have therefore been charged a £25.00 administration fee which means you need to pay £44.99 to bring your account up to date. Call HARLANDS HELPLINE - XXXXXXXX immediately so we can collect this by DEBIT / CREDIT card and reinstate your Direct Debit over the telephone. If you wish to pay by another method, you must still phone to discuss your options. If you do not call us by 23 October 17 you will be charged a further £25.00 administration fee. Our telephone lines are open 8:00am to 8:00pm Monday to Friday & 09:00am - 12:00pm on a Saturday. Your sincerely, Harlands" My question then is how to handle this? I do not want to reinstate my DD / gym membership. I do not think they are legally allowed to charge me an 'admin fee' (?!), I do not want them to continue adding more lots of £25 to my 'account', and I'm not sure whether ringing them would be a good idea at all. Any help would be much appreciated!!
  5. Later this month, the long awaited Mersey Gateway will open to the public. The Mersey Gateway and the Silver Jubilee Bridges will both be tolled. The tolling system is called Merseyflow and will be operated by Emovis who operate the Dartford Crossing. In the same way as the Dartford Crossing, if payment of the toll is not paid by midnight the day after the crossing a Penalty Charge Notice will be issued for the amount of £40 (plus the unpaid toll fee). This sum will be reduced to a discounted rate of £20 if paid within the first 14 days of being issued. If the Penalty Charge Notice has still not been paid after this 28-day period, then the fee that must be paid is increased to £60 if it is paid within the following 14 days. If the Penalty remains unpaid beyond this 42-day period, then the penalty will be registered as a civil debt and if unpaid after another 36 days, recovery action will begin. In the same way as the public can open a Dart Charge account, motorists using the Mersey Gateway will need to open a Merseyflow account. Their website is below https://www.merseyflow.co.uk
  6. Some confusion about this It seems, so I thought I would just post a quick guide. The three stages of enforcment for none HCEO debts are outlined in the taking control of goods regulations. The compliance fee stage is due on the receipt of the warrant by the EA or on the date of the NOE depending on the type of debt The enforcement stage fee is due on attendance of the EA at the debtors "relevant premises" The sale fee is due as per section 5 of the regulations: “the sale or disposal stage, which comprises all activities relating to enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale, or from commencing preparation for sale if the sale is to be held on the premises, until the completion of the sale or disposal (including application of the proceeds and provision of the information required by regulation 14).” John Kruse explains the situation here as follows "As fees run from the “first attendance at the property for the purpose of transporting goods to the place of sale” various predicating factors seem to be indicated. Of course, there must have been previous levy by which goods were secured on the premises: only ‘controlled goods’ can be sold" This is clear from the legislation and means that whilst goods can be removed at first attendance(for storage) they cannot trigger a sale fee, as the action would still be at the enforcment stage. The sale fee can only be applied to goods which have been previously taken under control
  7. A week or so ago a regular contributor on here (Dodgeball) started a discussion thread on the subject of when a bailiff should legally be able to charge a 'Sale Fee' of £110. The importance of this subject prompted me to approach CIVEA (The Civil Enforcement Agency) and yesterday they provided me with a copy of their official Guidance Note on the subject. A copy of this should be featuring on their website this weekend. Dodgeball's important and interesting thread on this subject has run to 5 pages and with 100 replies, I thought that this Guidance would get better publicity if it was posted on a separate thread. The original discussion thread can be found under the following link: http://www.consumeractiongroup.co.uk/forum/showthread.php?453200-Removal-for-sale-fee-when-can-it-be-charged
  8. I started an important thread earlier today concerning a recent court judgment where a debtor was ordered to pay £7,000 in costs after losing his claim against Harrow Council and their agent; Newlyn. The background and Judgment can be read by way of the following link: http://www.consumeractiongroup.co.uk/forum/showthread.php?477808-Paying-the-creditor-direct-to-avoid-paying-bailiff-fees-has-landed-a-debtor-with-a-%A37-000-cost-order.(32-Viewing)-nbsp To ensure that the original thread does not go 'off topic', discussions about the judgment can be posted here.
  9. Hi Ok i am trying to Re claim my accounts fees as they were missed sold to me. I have all my statements after i finally got my SAR request through. I am claiming back to 2006 when i was signed up to additions account without my knowledge. I have drafted this letter. Dear Sir or Madam, Account name: First Additions Account number: I have had the above account since 1st February 2006 but believe it was mis-sold to me for the following reasons. - I didn’t know I was paying and don’t remember ever agreeing to having this account. - I was upgraded without my knowledge. - I wasn’t told there was an alternative, free account. I am writing to request a full refund of the fees I have paid plus any interest owed to me. I have enclosed a copy of the schedule of account fee charges. I look forward to your response within eight weeks, otherwise I won’t hesitate taking my complaint to the Financial Ombudsman Service. Yours faithfully, Now i may need to change the last paragraph as going to the fos is a waist of time. So i believe the court route is required. Can someone tell me what the timings are before court action is this similar to bank charges. Thx Rob
  10. Hello all, I am hoping to get some advice as to how to proceed with my complaint regarding barclays bank charges on my account. My history: Since my original account was upgraded to a First Additions account in 2006 with a personal overdraft I was under the impression at the time that increasing my overdraft limit incurred fee's onto the account and was paying initially £5 per month until upgrading in 2006 with a larger limit for £11.50 per month. My account was upgraded again to £14.50 a month (additions plus), and i cannot recall if this was automatic or whether I was given an option at some point by a barclays staff member. I can assure you that I did not need any of the packaged services on each of these account; did not use any of the services provided as I wasnt even aware of them until finding out on online banking which is when I phoned barclays to remove all of them, as I was unable to over the internet - upon speaking to an advisor at barclays I explained that all I wanted was an overdraft and I wasnt happy that I was paying for services that I didnt need... He then referred me to the complaints department and after many weeks I have been given a lengthy questionnaire regarding an 'initial investigation' conducted by Barclays. I note in the questionnaire notes it states: "You held a non-fee paying account from July 2002, until you upgraded in July 2006 indicating you were aware of the account and that it was not necessary to pay a fee in order to have a current account" I would like to note that this account was opened with my Grandad at the time, as he introduced me to Barclays originally and I was merely present and not fully understanding of the circumstances. The investigation notes go on to say "You used your overdraft after you upgraded your account and this shows that you were aware that you had this facility as part of your packaged bank account". "You previously had an overdraft which you used before you upgraded in 2006. This shows that you were aware of the benefits of this account and that it is not necessary to pay a fee in order to have a current account with an Overdraft". The extent of the 'products & services' that were bolted onto these accounts were unknown to me at the time, and over the years bumped up the monthly fee's from £5 to almost £15.00 - I stress again that these services aside from not being disclosed to me, were practically useless for me in the circumstances that I was in and most therefore rendered useless. I feel that the response from Barclays indicates that they feel I should have known about the cause of these charges, without entertaining the fact that I was not fully informed about the product I was being sold. I wanted an overdraft with an increased limit, that was all. I really hope I can get some advice on how I should proceed with this case, do I fill the questionairre in and send it back? They have said they will proceed with the investigation using their information without me returning it either way... Thankyou in advance for your help. Jason
  11. Hi - I have looked through the stickies and can't seem to find this. On allocation form (as a Claimant), it says to pay the 'allocation fee' Is this the same as hearing fee? Or a different fee? Thanks, MH
  12. Hi, I am writing on behalf of my husband. Will try to cut everything short and get to the basics, but if you feel you need more information to help you form an argument then I believe that I have quite a few things in our favour. The main point is, last year my husband paid off his student loan in FULL of approx. £5000 we thought all is clear, fine and well. Ironically a week or so later we received a letter from our University in RED writing saying that we owe money. Of course it said if you have already paid then ignore. We assuming that us paying the student loan was the same thing as paying the tuition fee as it usually covers it. It was almost as if the University received some kind of "tip-off" from the Student Loans company (SLC) that "we've got 'em" and for them to get in touch with us (for years my husband was abroad so he never used to receive their letters.) this letter stated "due to a course taken in 2015" which was way out since he studied 2005-2008. they have already made mistakes on their letters which I have copies of. I have been back and forth now between SLC and the University, as at first I was told that the SLC had "clawed back" the £1,225 tuition fee that they should not have paid on our behalf in the first place. Anglia Ruskin University (ARU) are now chasing us because SLC have taken back the money from them. All too confusing. Now that story has changed. SLC say they NEVER paid the tuition fee for the final year of study 2007/08 because my husband's loan application was not accepted and withdrawn as he failed to provided the necessary evidence. they only gave him a loan for the 2nd year which included the coverage of the tuition fee for that year. My argument then is that why was he allowed/able to graduate? We had friends that had to leave the course or could not continue at that time if they had not paid the fee. Period. we should not be made responsible to pay this after almost 10 years when they have made an error somewhere on their side/system. And since we have cleared the loan side of things. Did that make any sense? I hope so. Please any advice, suggestion, questions or feedback is much appreciated. Thanks in advanced, Kind regards
  13. Hi there. I hope this post makes sense. I'll try to be concise We bought a used car from a dealer and moved 250 miles away. 20 days later a grinding noise, which may have always been present and mistaken for a sports growl, became so loud that my wife pulled over and called the AA. It was taken to a local garage who had a transmission specialist tear down the gearbox to find the mainshaft was badly worn. The brake discs were also found to be badly corroded. It was the garage's opinion that there was no way this could have been caused in 20 days of driving. And that to a trained ear, the fault should have been noticeable at the point of sale. Total cost of repair £1200 We were in touch with the dealer throughout this diagnostic process. After speaking directly to the mechanic, he sent me an email stating that it was not his fault, that he couldn't tear down every gearbox before sale, and that the damage was most likely caused by reckless driving. He offered to pay about half of the fees, which I rejected and have filed a claim using MCOL. I have documented the damage and I'm the process of getting an independent report based on the evidence I have. My claim is that given the price and mileage of the car, it was not fit for purpose. Because the car was in 1,000 pieces on the other side of the country, I didn't feel it was fair (on the dealer) or convenient for us to pursue my right to reject. Instead I asked him to meet the full cost of the repair. It was the only convenient solution that I could see for all parties. Having said that, I did present both options to the dealer, but as he ultimately did not admit liability, my only course of action was to pay for the repairs and pursue the costs in court. Here is (one of) my questions. By bypassing my right to reject, where does the burden of proof lie in terms of the faults being present at the point of sale?? It is my understanding that by invoking the right to reject within the first 30 days, the burden of proof lies with the consumer and after the 30 days expires, that burden is transferred to the dealer. I essentially bypassed that right, and moved straight onto the right to a repair - but still within the first 30 days!? I have quite a few other questions as I begin to prepare my case, but this is one that is nagging me right now. Any advice, much appreciated. OR... perhaps once it reaches the courts, burden of proof no longer applies, and it simply moves to the balance of probability? (we both provide evidence)
  14. Hi All, I purchased a Netgear Ready NAS for aprox £300 for our company for a upcoming project. By the time it came to use it I tested it to make sure the transfer speed are what was stated and they weren't so it wasn't any use. I emailed them 15 days after purchasing letting them know this and they said as long as everything was returned as new they would accept a return, so I replied saying this was the case. The item didn't come sealed so even if I hadn't of opened it there is no way of proving it either way. They then emailed back saying it would be subject to a restocking fee of 30% and I have argued the fact it isn't stated in their terms and conditions surely they can't force that from us after buying the item. Is there anything I can do before just giving into this restocking fee ? Link to their business terms and conditions - https://www.ballicom.co.uk/help/faq#terms-and-conditions-business-purchase Thanks
  15. Hi, I paid for a night in a hotel that I booked via hotels.com. The price shown by hotels.com and the paper invoice that I got from the hotel was correct - however I have subsequently checked by card statement and see that a 2% surcharge was applied to the booking. Having checked the hotel listing, and the ts&cs I can see no detail of a 2% credit card surcharge anywhere and have printed out the website details as a permanent record. Where do I stand on this legally? I was under the impression card charges must be clearly stated? Thanks Abe
  16. Got myself an Android smartphone from China a few weeks ago at 1/4 the price of its branded equivalent in the UK (absolutely fab, btw, would definitely recommend it if you want the good stuff and are not brand-obsessed!). Today, got an invoice from DHL for the Duty and VAT they were required to pay customs on my behalf to enable clearance of delivery of the goods, adding import taxes are the responsibility of the receiver. VAT is £9.46, which is fair enough, and then add an admin fee of £5. Let me say straight away that it's not the amount that's the problem as such, it's the principle, also my innate curiosity on things like these. *I* don't have a contract with DHL, *I* sure as hell didn't ask then to pay anything on my behalf, where do they get off invoicing me? They paid VAT on my behalf unasked, well I'm sure that's very nice of them, but can they actually invoice me when we don't have a contract or agreed any T&Cs? As for their admin fee, what the hell? Cheek! Anyone? I did a quick google which wasn't helpful, with lots of people confusing the issue of paying VAT (which no-one is arguing needs paying) and the admin fee levied by DHL. I found a few people raising the same query as I am about the legality of the courier invoicing for an admin fee to someone who hasn't got a contract with them, and getting drowned by people with a "moral" opinion instead of a legal one, so I'll say it again, my question is purely about the *legal* aspect: Can a courier charge an admin fee to someone with whom they do not have a contract? For that matter, can they actually reclaim the VAT they paid "on behalf" of the recipient if the recipient didn't ask them to in the first place?
  17. Hello, I started a small claim in court against my landlord a few moths ago... Today I received the "Notice of Trial Date" (Form N172), that says I have to pay a hearing fee. Something I already expected. The problem is that I don't know exactly how to do that and there are no instructions in that letter. Do I have to send a cheque to my local county court (where the case was transferred)? Do I have to write a small letter saying that the attached cheque is for the claim number XXXX? I don't find related court fees to this step. BTW, I remember in the process, weeks ago, I received I letter that said that "This claim has been transferred to your county court at XXX. All correspondence should be directed to the transferred court" I search on the net but don't not exactly what to do. Thanks.
  18. Caught again! . . this time it is just do i appeal first or just send a letter denying all liability and what should be said in opening letter/appeal? Story: My employers and a 3rd party company share a carpark that is free and used for employees and guests. It is a private carpark but no barriers etc and no parking charges imposed. Recently as it has become very over crowded & the landlord has brought in a private parking company to manage the parking UKCPS and the bays have just been colour coded . Our company and its staff can use red or blue marked bays and the other company uses green bays. I only visit head office once a month on my first occasion I parked in-between the two coloured bays. (There were 2 unmarked bays available on the entire carpark) There was a gap of 4 unmarked bays between blue (left handside) and Green(right handsome). 2 were available, myself and a colleague used these bays and then went to our reception in our office to ask the girls if we were okay where we had parked? I also have to have a visitor ticket on the dashboard and i mentioned my car being parked in an unmarked bay to my receptionist as i collected the visitor ticket. I was told that unmarked should be okay. I put my visitor ticket on the screen. At 5pm i had a ticket for parking in an un- authorised bay - i believe - £100 fee reduced to £60 if paid within 14 days? (the receptionist was new and had got the facts wrong, apparently we should not us the unmarked bays either) My reception asked to have the ticket appealed verbally over the next day or so with the parking enforcement company and they have refused - she has just emailed to say i have to pay them unfortunately. Now I could go to her boss and tell them to pay , but it is my boss also and she is new and made an honest mistake. i would prefer to fight it rather than anyone pay as it is ridiculous. What is the easiest course of action I have 22 days left to appeal. parking ticket was dated. 6th december 2016 just looking for the best initial course of action - send an appeal letter to them on the grounds of ?....
  19. Hi, Could someone please give me some advice?. I recently bought a Michael Kors watch online. When delivered, I opened the box and then for the purposes of inspection took the clingfilm (well, posh clingfilm for a better description) off the watch to check all was in good order. The attached tag actually came off in the process of removing the wrap. When satisfied there were no defects etc, I put it back in the box and gave it to my partner the next day. Unfortunately, I bought her the wrong version!!!!!. Even though she offered to keep it, I said I would get her the right one. I emailed the seller and advised of my mistake, offering to pay the difference between the 2 (about £9). This was agreed and I returned the watch the next day. Now on reading the returns details to get the address, it stated that a 30% re-stocking fee would be applied if the wrapper had been removed from the watch. Sure enough, I got the email today saying the watch was now "not new" and a 20%??? re-stocking fee would have to be applied. I was under the impression I was allowed to remove the wrapping as I did to make sure the watch was all in order, am I incorrect?. In addition to this the 20% advised is not what the website T&C's state. Where do I stand on this. The watch wasn't worn, and was only actually taken out of the box by me, she didn't even put it on. Any advice would be greatly appreciated.
  20. Hello all, My car insurance is with Bank of Scotland. BoS insurance operate a paperless system so everything is electronic and accessible online, no paper copy of documents is delivered unless requested. Yesterday I changed the car insured under my policy. A charge for which was levied as was expected due to the difference between the two cars, however I was also charged what appears to be a standard £25 'administration fee'. What's the justification for charging this amount when everything is electronic, with no human intervention (not even to update my policy) and no documents are printed/posted?
  21. Early exit charges for people taking money out of their pension pots will be capped at 1%, the financial regulator has confirmed. The new rules will affect anyone taking money out of a personal pension from 1 April 2017. The Financial Conduct Authority (FCA) said providers who already charge less than 1% will not be allowed to raise their fees. Those taking out new pension contracts will face no early exit charge at all. Workplace pensions will be subject to the same rules, but these will not come into effect until October 2017, http://www.bbc.co.uk/news/business-37985525
  22. Hi, Looking back at my TalkTalk bills, I've seen a few late-payment-fees of £10 as I pay my CC after I've inspected the bill. The problem seems to be that TalkTalk only give you 7 days to pay the bill or you get docked the fee. As it stands, I should only be paying £17.99 a month for my contract, making the Late Payment penalty a whopping 56% of the actual bill. INHO 7 days is an unreasonable time-frame. Can they enforce these charges? In some cases, the payment is only literally 9 hours late and *zap* I get another £10 fee. This seems to be a new trait of TalkTalk as I was with them for 6 years and never had this issue. I left for a year and come back to this. I'm quite happy paying the 50 pence payment method charge, as that is reasonable when it comes to Card Payments. Regards, ade
  23. I'm just wondering where I stand with admin fee's, I've just had to phone up to add commuting to my motor insurance policy. It was a five minute phone call and there was no change to the price of the policy just a £35 admin fee! I didn't moan at the time as they previously waived an admin fee (I didn't realise I had to declare windscreens and cancelled claims when setting up the policy) I had to do a fair bit of moaning to get that one waived and didn't want to push my luck but seriously how can it cost £35 to add something to an existing policy?
  24. Hi, An internet payment fell on a time when I had no money in my account to cover it because of work situation. Santander felt the necessity to charge me for an "instant overdraft request fee" and because I did phone and get it cancelled earlier this year (it happened before) they are "unable" to do it. they want to steal £25 off me this time because... NOTHING actually happened: the money never came out of my account, the internet company didnt get paid (because they sent me another invoice), my account has no overdraft capability, and santander feels I owe them £25 now for effectively "requesting" and overdraft on some account that never has an overdraft facility which I never did. Seems to me this is a good way of creaming on people that are most likely to have bouncing direct debits But I thought if there is no money in your account then it is declined and.... that is it: the company I owe then contact me to get their money, no charges or fees or some punitive cropping from the bank. What options to get back the money do I have? If a direct debit cannot be paid then what is all the deal with overdraft requests. Sounds like a bit of tricksterism to me, I never would agree to having this changed on my account. Thanks in advance
  25. Hi all Our car insurance has charged us £25 missed direct debit fee because there wasn't enough money in our account to cover the insurance payment , this wasn't our fault and as caused by sky,they didn't warn us that our payment to them doubled as our special offer had ended and it clashed with the motor insurance payment. Is there any point in trying to get the fee waived or not. Thanks for any replies
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