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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Ive won *£6494.93* Ive won (LIP v Abbey)


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Hi all

 

Last time i prepared so much for the application hearing and it was over before i knew it. The Judge just read my application.

 

I dont think i should take that big old bundle....i have to go away for the weekend for uni and will have a suitcase of books with me!!!

 

I think im just gonna take a costs schedule with me and photocopies of receipts.

 

Just waiting for feedback from BF (hopefully if you have a min) ive sent re my costs schedule so that i can take an amended copy of costs with me to court. (can i do this??). scABBEY told me i couldnt claim any costs prior to the court claim being handed in. Is this true?

 

I will also put together some notes so that i am clear on what to say about scABBEy putting money into my account and not informing me in writing and without my agreement to settlement...something like that, and as Caro mentioned the money is in the bank and has not been used so i havent accepted settlement.

 

Can i mention that i spoke to 5 members of scABBEY staff before proceeding with this case prior to continuing with this claim, informing them that i would be continuing with my claim should settlement inc costs not be received...and they did not and have not made any effort to settle my costs even though i was promised they would get back to me?

 

Can i mention that i was told by scABBEY "what gives me the right to claim legal costs, as i am only a litigant in person"

 

I really want the judge to know how i have been treated and bullied by scABBEY, how they have stalled and how i have an outstanding Data Protection Act claim for £30 which scABBEY is refusing to pay and is connected to this claim?

 

If im prepared hopefully ill not clam up...im gonna be myself i am not a trained lawyer and at this point i dont think any major arguments will take place re my claim...what dya think?

 

Just gotta be clear and concise and see what happens.

 

ewwwww not looking forward to this...

 

LIP

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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Can you come and join us at the OFT when you've finished LIP? Kick off is 1.30 - 2.00 I think.

 

I would have loved to Caro however i have a uni residential weekend away and so have to make my way there soon after court. Grrrrrrrrrrrrrrrrrreat!!

 

Its not a jolly weekend either have to do loads of work and a presentation at the end of it...hence why Fri is such a bad day!!!

 

Im also missing my work Xmas party that weekend which was a black tie dinner and dance night away in a country house.

 

So no fun for me next weekend.... Arrrrrrrrrrrrrrrrrrrrrrrrrgh!! Like London buses...you wait ages for 1 then they all come at once. LOL

 

I'll go to the library nearby soon after and make a post on what happened. Ill try and remember what the judge says this time.

 

Ill be at the CAG protest in spirit....let hope having my fellow CAG peeps in London...sending me telepathic messages of support will help.

 

Thanks all for the support

 

LIP:rolleyes: :rolleyes: :rolleyes:

(could this be the end.....)

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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all the very, very best for Friday LIP.

I have no idea what you can/can't mention but I hope you are able to mention all the messing around Abbey have done to you. And about the Data Protection Act claim. I hope someone from Abbey turns up in court to have rockets shoved up their bottom!

Apple x

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all the very, very best for Friday LIP.

I have no idea what you can/can't mention but I hope you are able to mention all the messing around Abbey have done to you. And about the Data Protection Act claim. I hope someone from Abbey turns up in court to have rockets shoved up their bottom!

 

heehee Applecrumble thanks for yr message, loved the rocket comment made me smile.:D :D

Who knows what Fri will bring?

fingers crossed

LIP:)

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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Hi Lip... Still with you :)

 

Have asked t'other mods if theres anything major you need to do for this hearing.

 

It will only be for the judge to decide what directions to make re your application to have their claim struck out because of the non disclosure.

 

I dont think you need take anything other than maybe your bundle copy - and copy of you affadavit and application notice for reference. (probably proof of delivery of the bundle to abbey et al too)

 

Good luck LIPS....I hope everything else is going okay for you too.

 

Has BF been back in touch at all ?

 

Hey 1st Dec - your in london aren't you ? -FANCY A FEW BUDDYS ????

 

LIP,

Other than what Karnevil has advised, I`d go with little else, other than of course `A Big Smile`:D , because remember, they are in the wrong, they know their in the wrong, the judge knows their in the wrong, and soon the World will know their in the wrong!

 

Given the fact that your court date is the same day as the London CAG event, perhaps the site Mods etc will highlight the fact that at the same time as their protest, there are court cases going on up and down the country specifically aimed at resolving the banks inability to comply with various Data Protection Acts, perhaps they could use your case as a leading example?

 

Good Luck, I`ll be thinking of you on the day

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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Ok this is shABBEYS supposedly final Response:

 

Abbey National Plc will pay you, on an exceptional basis and without admission

as to liability, the sum of £4,977 (representing bank charges) + (as stated in

your email) interest of 1166.54 + court costs of 350.00. This comes to £6493.54

and this is final. You should realise that interest in any event would have been

at the discretion of the court and not at all guaranteed to be paid, at the rate

claimed or at all, even if you had been successful.

 

I will amend the cheque request for the final time to reflect the total sum of

£6493.54. This deals with the issue of bank charges, interest and court costs. I

hope to have the cheque early next week.

 

In relation to your court costs this is now the only outstanding issue and this

issue can be dealt with separately. I will write to you shortly in this regard.

 

 

 

Was this letter headed 'Without Prejudice Save As To Costs'?

 

Actually, even if it wasn't marked as such you may have problems. The case has effectively been settled in full, the only thing outstanding is the issue of costs.

 

Therefore, you can't get the defence struck out as the defence is irrelevant - the claim is settled. You need to discuss costs with Abbey, and if you can't come to an amicable arrangement then you can request a hearing to determine costs.

 

You need to withdraw your request that the defence is struck out.

 

I have explained this in a little more detail to Karnevil, so she can advise you further if you need to know any further information.

 

 

-------------------------------------------------------------------

christmasrallycag_468x60.gif

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi All

 

After taking all the advice on board from everyone on this site with regards to my personal costs, I have decided to withdraw from Friday’s court date (i only had a costs issue outstanding) and will inform the court that my claim is now settled.

 

I think this is the best thing to do taking into consideration my personal circumstances right now (Too much going on) and the possible Fast track repercussions.

 

I have contacted the court and they have said that if I am discontinuing with the claim then the listing fee is refundable and the application fee could be too (£340)…..Phew. So no money lost!!!

 

It has been extremely empowering to have recuperated all the charges, interest, AQ and Court costs from ScABBEY irrATIONAL to the total sum of:

 

*****£6494.93*****

 

Donation on its way to CAG!!!

 

So i guess its safe to say this now:

 

I’ve won, I’ve won,I’ve won, I’ve won,I’ve won,I’ve won,I’ve won,I’ve won,I’ve won, I’ve won,I’ve won, Ive won, I’ve won,I’ve won,I’ve won, I’ve won, I’ve won,I’ve won, I’ve won, I’ve won,I’ve won, I’ve won, I’ve won,I’ve won, I’ve won,I’ve won, I’ve won, I’ve won, I’ve won,I’ve won, I’ve won, I’ve won, I’ve won, I’ve won, I’ve won, I’ve won, I’ve won, I’ve won, I’ve won,I’ve won,, I’ve won, Ive won Ive won, I’ve won, I’ve won, I’ve won, I’ve won, I’ve won, I’ve won, I’ve won, I’ve won, I’ve won, I’ve won, I’ve won, I’ve won, I’ve won I’ve won, I’ve won,I’ve won, I’ve won, I’ve won,I’ve won, I’ve won, I’ve won, I’ve won,I’ve won, I’ve won, I’ve won, I’ve won, I’ve won

 

Thanks to everyone who has helped me, but the biggest special thanks is to Karn…you truly have been an angel!!!!

 

 

I hope this thread will provide valuable info and insight into this process. I am not legally trained and didnt have a clue...but i now have my money back.......so all i can say is that if i can do it ANYONE CAN. The process works!!

 

Take care all and i wish every one of you success with yours claims and in life.:-)

 

Lots of love

LIP

(Grinning from ear to ear.....)

 

P.s, Karn can you change my thread to "Ive won *£6494.93* Ive won"

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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And now we can all step back and breath a sigh of relief! :-)

 

Great news. And even better that you can get your fees refunded.

 

There is still the option to pursue your costs if you wish to do so, but that would be your own personal choice and you need to consider if it's worth the extra stress for an extra couple of hundred pounds.

 

Anyway, no need to worry too much about the costs - you've got £6.5k!

 

Fantastic!! :grin:

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Well done LIP. I'm really chuffed for you and glad you get the fee back too. Great result. Now go and spend some of that money.:p

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Well Done, LIP!!!! Congratulations!!!!

 

You have been through a lot with this case, and hopefully you can now look forward to life after scABBEY, and go and enjoy the money that the thieving bleeders wrongfully taken from you in the first place!!!!

 

Well done, again, LIP!!!!!

Phil:)

This is only my personal, honest opinion!

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LIP

Well done, I appreciate it`s been a tough fight, but if it`s any concellation, everything you`ve gone through in this thread has been a great help to me, and no doubt to many others on the site, so its a Win Win situation for us all (except Abbey:D , only a lose for them, with many more losses to come)

Enjoy, you sure should be able to have a good Christmas on you £6k+

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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congratulations sounds like you been through alot but I think of it like this how long would it take to earn that much money? We do alot of waiting and reading lots of stress but lots of help from this site. I for one am addicted to it.:)

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:grin: Hi LIP

 

Sometimes you just have to quit when you know you are ahead, and £6494.93 in my book is ahead. Great job and well done.

 

Regards bish.:grin:

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Thanks all for the messages.

LIP:)

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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superb news lip, you started your abbey claim about the same time as myself and i have followed yours closely. enjoy the cash!!!!!!

"THE BEST THING ABOUT PEOPLE WHO PLAY GAMES IS BEATING THEM AT THEIR OWN GAME"

 

old halifax current account and current credit card £1641.53 plus costs---settled after n1 form handed in with no conditions £1761.53:D :D

 

abbey £2638.18 plus costs-n1 form handed in 28/07/20068) WON:wink:

 

wifes lloyds/tsb current account £4600- awaiting settlement offer:D ALL OF IT:wink:

 

neighbours £1800 with lloyds WON :wink:

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I'm not a skabbey claimant but I've just spent a couple of hours reading this thread. I only stumbled on it because I was struggling on what to put in Section F of the Allocation Questionnaire - 'Proposed Direction' - and just got hooked on all of your endeavours.

 

Firstly, congraulations on receiving your money - you had to work for it!

 

Anyhow after all that, now can't remember what I should put on the Allocation Questionnaire for 'Proposed Direction' so need to go back and find it!!!

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

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  • 12 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

ABBEY

DPALetter received by bank on 100406.

£10 Cheque cashed by shABBEY on 200406.

14 statements received between 8-10 0506.

40 day limit reached on 19/5/06.

LBA sent special delivery on 20/5/06

7 days up on the 270506 for the LBA

Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606.

DPAorder for NON-Compliance served 220606. Expires 060706

Final LBA sent, 14 days will be up on the 060706.

Defence from shABBEY received for DPANon compliance 050706

Financial claim deemed served to shABBEY on the 220706

AQ for DPANon Compliance handed in to court on 24706

Defence and 50% offer for Financial claim received 140806

AQ for Financial Claim received 170806

AQ for finacial claim handed in 010906

Hearing 4 amended claim 270906

Fast track Allocation 270906

Disclosure ordered 191006

shabbey failed to disclose 191006

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Share on other sites

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Thread Locked

because no one has posted on it for the last 1914 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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