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Debt Collection And The Statute Of Limitations

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Posted by Mallory McGuinness-Hickey | Posted in personal finance | Posted on 27-02-2010

Many people are made very aware that they have a debt that is being pursued by a collections agency, yet few know exactly how long collection agencies can go after that debt. Debt Collectors are guided by what is called the Statute of Limitations.

After a certain length of time creditors can no longer collect from those in debt. The length of the Statute of Limitations varies. Important factors include what state the debt has been incurred in, the type of debt, if there is a signed contract or not among many other factors.

One example is the state of New Hampshire. Time allotted there to collect a debt is 3 years. If it was a domestic judgment, the Statute of Limitations is as high as 20 years; on a foreign one it is also 20 years. For goods the Statute of Limitations is four years unless there is a written and signed contract, then it is three years.

Debtors who do not believe that they owe the money, could fight the creditors claim by actually withholding information such as invoices or balances due and request proof demonstrating the validity of the debt.At this point, collection agencies should present backup documentation to support their claim.

To find out about the length of the Statute of Limitations, consult a legal adviser in your own state. While there are many collections agencies out there that use un-reputable practices, there is also a number of legitimate agencies who are willing to help out. Agencies such as Rapid Recovery Solution are always willing to help out. For more information, consult rapidrecoverysolution.com. In this trying time of economic hardship don’t be bullied by illegal tactics by illegitimate collection agencies. There are laws out there to protect debtors and everyone should know their rights.

Mallory is a representative for a Debt Collection agency.

Should You Consider Pay As You Drive Insurance?

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Posted by Tom Martens | Posted in personal finance | Posted on 25-02-2010

The Brookings Institute reports studies finding that 2 out of every 3 American households would save money if they switched to Pay As You Drive auto coverage, with an average savings of $270 per year. Pay As You Drive insurance, as its name suggests, is priced on the basis of the number of miles you drive. These plans give you a real reason to drive less and save more.

Who should take a closer look at Pay As You Drive coverage? While anyone can consider these insurance plans, the real winners are low-mileage and low-income drivers. Low-income drivers tend to be low-mileage drivers for the obvious reason that they have to spend less money on driving. Pay As You Drive adds to their savings by reducing insurance costs even while they save on fuel, maintenance, and replacement.

Another benefit of Pay As You Drive is fairness. Under traditional coverage, low-mileage drivers subsidize the high-mileage drivers who pay the same premiums, but, because of how much time they spend on the road, are more likely to be involved in crashes. This inequitable subsidy is removed under Pay As You Drive. Higher-mileage drivers pay higher premiums, and lower-mileage drivers pay less.

It’s true, of course, that not all low-mileage drivers and low-income drivers. People who live in very large cities often don’t drive cars, and many keep their cars in the garage for the simple reason that they care about the earth. Either way, the fewer miles people drive, the less they contribute to pollution and greenhouse gases. Any driver who feels he or she deserves some monetary recognition for being a friend of the earth should look into Pay As You Drive.

Drivers interested in saving money in a tight economy would also benefit from Pay As You Drive insurance. Since the insurance premium costs are based on the amount of miles driven, there is an incentive to drive fewer miles because that?s how you save money. Drivers who utilize Pay As You Drive insurance also spend less money on gas and auto maintenance due to their reduced driving. And don?t forget that the less you drive your vehicle, the longer you can keep it after you pay for it. Vehicles tend to last longer if we drive them less.

Almost any driver can benefit from Pay As You Drive. If you are interested in learning more about how these plans can save you money, help save the environment, and save your having to buy a new car, see a qualified insurance broker. Your insurance agent can answer your questions and create just the right plan to help you maintain the coverage you need and save hundreds of dollars each year.

Tom Martens is the content syndication coordinator for Carinsurancesa.co.za. South Arica’s leading car insurance portal.

Bad Credit Repair – Defining The Problem

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Posted by admin | Posted in Credit Card Fraud Information | Posted on 21-02-2010

Before you begin the process of repairing your credit, you first need to ask yourself why you are having credit problems? Poor credit is nothing to be ashamed of. It is far more common than you may realize. Often it may not even be your fault, like Gerald and Lisa.

They invested five years and all they money they saved to start a small sign company. Then one summer someone broke into their business office and stole all the computers and expensive sign-making equipment. Unfortunately they did not have any insurance to cover what was stolen, so they had to take out loans to replace the items so they could stay in business. It took them years to recover financially from that, leaving them with bad credit.

On the other hand, like Paul, some people make poor credit decisions. After Paul got his first card, shortly after graduating from college, he suddenly became flooded with offers for more credit, which he promptly took up. He wanted to show everyone that he was a success at his new career as a sales manager, so he filled up all his credit cards.

Then he began the juggling game of “robbing Peter to pay Paul,” which only got him deeper in debt. He took out a consolidation loan to pay off all the cards and put the debts in one big payment, but the temptation of all the empty cards was too much for him and he filled them all back up again. He finally had to declare bankruptcy because he was so deeply in debt that it was beyond his ability to ever pay off.

So, take a good look at what is going on in your life. Why do you have credit problems? Are you in debt because of circumstances beyond your control or is it a chronic situation? Are you still getting deeper into debt or are you fixing the problem? There is no point in fixing your credit if you will just end up losing it.

If you find that you are getting too deep in debt, there are several things you can do right away to help the situation, before it gets out of your control.

* Contact the credit card companies and see if they will work with you to help lower the monthly payments. * Talk to a nonprofit credit counseling company, like Consumer Credit Counseling Service at http://www.cccsintl.org. They provide budget counseling, educational programs, debt management assistance and housing counseling. They have branches in many location of the United States.

Beware of some “for profit” organizations that will help you with debt consolidation loans. Often they are very costly. Why go to them when you can get free reliable help from a respected non-profit organization like Consumer Credit Counseling Service?

There is no quick fix for credit problems, but with a little patience and determination, you can not only get it under control, but you can end up with great credit and the feelings of success and self-worth that go along with it. So take the first step and determine to get debt free today!

What Is The Effect Of Bad Credit On My Insurance Cost?

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Posted by Ken Henry | Posted in credit | Posted on 19-02-2010

What is the impact of your score? There is absolutely no doubt that credit score and its insurance impact are significant, especially when it comes to an individual’s ability to get insurance coverage, along with the expense of coverage. Insurance companies use credit report scores on a daily basis to determine a person’s eligibility to get coverage, coverage types and premium payment methods as well as options.

Credit score defined-

Now you may ask yourself-What is a credit score? A credit score is commonly defined as an individual’s credit history measured in numbers. It’s essential to acknowledge insurance companies’ right to obtain individual credit records or score without any shape or form of your permission.

Link between credit score and premiums-

In recent years, insurance companies have found that individuals with problematic scores tend to file more claims. As a result, the majority of insurance companies feel that individuals with an increased tendency to file insurance claims should pay more for insurance coverage, get less coverage, or experience a total coverage denial.

Bettering your score-

Did you know that you can do a couple of things to better your score? The best advice is to get negative items cleared and removed from your history, as this will instantly result in a substantial increase in likeliness to get coverage, or for paying a lot less for it.

Impact of collection agencies-

When last did you check for collections agency reports on your credit report? If it’s been a while, it would be best to do a check now and in case of a report ask them for low installments to settle the debt in question. It’s essential to have the agency state in writing that all negative items will be eliminated from your record upon full settlement of debt.

Other factors considered-

Other factors can impact your credit score negatively, and thus your credit record in its entirety. Factors considered include payments that are late, numerous open credit lines, or frequent credit limit advancing. It is highly recommended that you try to pay more instead of the minimum amount due on credit cards, close any credit cards which are not readily used or needed, and remain within limit during credit card usage. Mentioned factors can help improve your credit rating as well as coverage premiums.

Mistaken score-

Should there be any mistake or inaccuracy on your credit report, contact the parties in question immediately to dispute the issue. Once the disputed items have been removed from your report, the insurance company can be informed. Credit reports and scores are regularly updated, which will make it easy for insurance companies to see any changes immediately.

No doubt on impact-

There is absolutely no doubt that a credit score can greatly impact your ability to obtain insurance as well as the cost of premiums. Should the insurance company decide to run a credit report upon policy renewal, they may go for non-renewal of your insurance policy or raise rates if there has been no improvement in your credit score.

Ken Henry can help you find the answers to your insurance questions. Get auto insurance rates from the best companies, plus save big money on auto and home insurance

How Can I Build Positive Credit?

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Posted by Jesse Smith | Posted in personal finance | Posted on 16-02-2010

In order to raise your credit score, you need to know how to build positive credit. Building positive credit will mean that you will be eligible for low interest credit products which will save you money.

Charging huge amounts to your credit cards each month and then paying the bills in full each month is not building positive credit, even though many people are under the impression that it does. It is even possible that doing this might harm your credit standing. For example, when a consumer applies for credit, the credit provider will check his credit report. If the consumer has charged large amounts on his credit cards, but has not yet paid the credit cards off that month, it will look like he carries large balances on his credit cards. This is something that makes credit card providers cringe as it makes the consumer appear as though he is a bad credit risk.

In addition, you may be giving the credit provider the impression that you have a tendency to spend beyond your means, which is not what you want to do if you want to be approved for additional credit. In light of this, you might want to reconsider the strategy of charging everything and then paying the credit cards off in full at the end of each month.

Having huge amounts of available credit is not good either. So, what is a good mix? It is best to use anywhere from 10% to 20% of your available credit. This is a good sign to credit providers that you can gauge your spending as well as responsibly pay your bills.

It is best to have at least one credit card. If you have poor credit, there are credit cards which even you can qualify for. Be sure to follow the 10% to 20% estimate above and you should not accumulate large amounts of monthly interest. In addition, you should make sure that the cards you have or that you apply for report monthly to the three major credit reporting bureaus.

In order to build positive credit, never be late in making your monthly payments and always pay at least the minimum amount due. Your credit score should increase if you follow this strategy.

You can apply for a small low-interest personal loan to help build positive credit, if you do not want to apply for a credit card. The strategy is the same. Make your payments on time each month and pay at least the minimum amount due. Positive credit can be built with any credit product if it is used properly and responsibly.

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Exactly Who Is Trying To Get Me To Pay Up?

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Posted by Mallory Megan | Posted in credit | Posted on 15-02-2010

Exactly who is trying to get me to pay up? The Fair Debt Collection Practices Act was created in the 1970s and provided a good amount of protections for consumers. There are strict rules and regulations that a debt collector must abide by, and if any of these regulations are violated, there’s a good chance that you could sue that agency. But what about that friend of yours who owes you five dollars? Do you have to grant them thirty days to refute the claim? Clearly, you do not.

The point is that the Fair Debt Collection Practices Act applies to debt collectors, and only debt collectors. Take a look at Morency v. Evanston Northwestern Healthcare Corp, a district court case in Illinois from 1999. In an attempt to collect debt, a hospital issued and sent out pre-collection notices, which is a no-no for third party collectors. But the court ruled that the hospital was merely a creditor, not a collection agency, so the FDCPA did not apply to it.

Courts take many factors into consideration to figure out whether the creditor should be deemed the actual debt collector. A collection agency’s participation in the actual debt collection would have to be minute. Is the collection agency a mere mailing service? Do the letters state if the debtor does not pay the debt will be referred for collection? Is the collection agency paid only for sending letters, rather than commission?

If the collection company does not get any payments or forwards payments to the creditor, that could look suspicious. If a debtor fails to respond to the letter and the collection agency has no further contact with the debtor, or if it does not receive the files of the debtors, they probably aren’t going to be considered debt collection agencies.

The lesson you should walk away with is that it is important that you know who you are paying your money to. It’s always wise to be vigilant when it comes to your finances.

Mallory Megan composes articles on the credit industry, business and finance, and debt collection.

Deciding Upon Home Loan Insurance

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Posted by Heather P. Flory | Posted in credit | Posted on 13-02-2010

If you have slaved for a number of years to obtain a home, you probably have thought about ways to protect it.

You may have fire and other physical insurance, but what if something happens to you, and you may lose the home? Mortgage insurance is the way a homeowner can manage this. The mortgage and insurance industry offer both life insurance and disability insurance on your home.

If a family loses the income of one or both of the main breadwinners, it is almost guaranteed that the home loan will not be paid and the home will be forfeited.

No one likes to consider the idea of their own death, but a rational family man will endeavor to protect his family in case of such a tragic occurrence. But if you worry about your family, you will worry whether they will be able to keep their home if you pass on.

A typical mortgage life insurance policy will provide a benefit that can pay down the balance of the mortgage on your residence. Most mortgage insurance policies are decreasing term, which means the amount of the policy reduces along with the outstanding balance of the mortgage.

The other type of in demand mortgage insurance is disability insurance that will assure that the mortgage will be paid, even after the primary salary earner is no longer earning any income. The monthly mortgage bill will continue to be made during the time the insured is disabled. Some people think this is not a necessary insurance if they have disability insurance at work, but be aware that standard disability insurance only covers 60 to 70% of the salary, and that may not be enough to pay all expenses, including the home loan.

There may be even greater reason to have disability insurance, since being disabled is a more likely eventuality in a working person’s life than death.

There is the added complexity that many households could not even afford a home if both partners were not employed, and they should have a joint policy. Just envision if both income earners were disabled in an accident; since spouses frequently travel together, this is a real possibility.

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Debt Collectors Or Debtors: Who Is Suing Who Now?

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Posted by Mallory Megan | Posted in debt consolidation | Posted on 11-02-2010

It is true that Americans with overdue debts will typically be subject to a number of retributions. Collection letters, phone calls, unfavorable credit scores and a chance to wind up in court are examples of punishments for non-compliance.

A new trend that is growing however is for debtors to sue debt collectors first. Any violation of the Fair Debt Collection Practices Act can be reason to take a collector to court. It might be true that in a declining economy suing a debt collection agency instead of paying off what you owe may be your only choice. There were 8,347 consumer lawsuits filed against collection companies in 2009. That’s a 55 percent increase over 2009 and double that number filed in 2007.

A few debtors are plaintiffs suing for their first time; the people who suddenly find themselves unable to pay debts and feel that they have been wronged by aggressive collectors. Others compulsively sue, typically these people have debts worth tens or hundreds or thousands of dollars. It is their hope that favorable judgments may put them on a “collections blacklist.” If he has sued 4 out of 5 debt collectors, debt collection agencies are probably going to want nothing to do with this strange character who puts time and effort into lawsuits when he could be looking for a sense of structure, and a job.

One example of a current lawsuit in action was from a woman who alleges that the collection agency never offered her proof it was entitled to collect. Seriously? Most debt collection agencies adhere closely to FDCPA laws, but even that law is foggy on certain practices such as whether it’s legal or not to leave a voice mail. Basically, the FDCPA hit the scene in the 1970s and needs desperately to be updated to today’s technology.

I was recently contacted by a debt collector who left a message on a third party phone, asking for me and letting me know she intended to collect a debt. This is a big no-no. I could have called her back and given her hell, but I know why I have the debt and even though I may be broke, I intend to pay it back. To me, it seems like the economy is not getting better any time soon as the number of people who refuse to hold themselves accountable for financial decisions they made in the past grows. I hate to say it, but a debt is a debt, whether we are in a recession or not.

Mallory McGuinness composes pieces on business, finance, consumer spending and debt collection.

The Future Is Changing For Collection Agencies

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Posted by Mallory Megan | Posted in credit | Posted on 09-02-2010

The most recent research on the American economy alleges that incomes are dwindling for those just starting out. The Collections Industry has reason to believe that this paradigm shift will be permanent.

First of all, young adults represent the highest uninsured demographic of any group in the United States. 30% of young adults go without health coverage currently today. Despite the fact that the majority of uninsured young adults are employed, a good deal of uninsured young adults work in low wage jobs and for employers who offer limited or no health care coverage.

With this many young adults already struggling to pay day to day expenses, debt collection professionals should step back and take a look at this situation. Uninsured young adults are two times as likely as those with private insurance to have no education past the point of high school. That limits their future earnings potential.

Due to the financial crisis in 2008, stricter credit standards will probably make it harder for many young adults to pay for post graduate education or get loans for real assets, such as a home.

This in addition to the new issue of cell phones, makes it harder than ever for collectors to contact debtors. John Monderine, owner of Rapid Recovery Solutions believes that over 40 percent of his consumers do not have landlines.

Experts in the field expect more intense profiling systems will be made to assist collection agencies in collecting those accounts where there is an active cell phone and information from bureaus to see if the debtor has a new address or phone number.

Some collection firms are preparing for younger adults, embracing the ways that they like to communicate and do business. One collection agency recently added an online system that allows consumers to make payments online, rather than deal with an agent.

Mallory McGuinness-Hickey works for a debt collection company. Also, she writes articles on consumer spending, business and finance, and debt collection.

Identity Theft Commercials Are Really Happening

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Posted by admin | Posted in Credit Card Fraud Information | Posted on 05-02-2010

You may have laughed off at the absurdity that is shown in identity theft commercials. But they should be not something to laugh about.

Some commercials may have even touched or scared you. But the most effective identity commercials are those that make people wary whenever they go out or use their credit cards.

What you see on television is actually a example of what might happen in reality. No matter how funny or violent these identity theft commercials maybe, they are nothing compared to what can happen in real life.

You can actually benefit and learn from watching commercials about identity theft. Try to listen to the accounts of identity theft victims talking about all the things the thief was able to purchase and what they have accomplished using your identity.

Identity theft is not just what you see in your tube. They are real and actual problems that still have no solutions. On the contrary, it is getting worse and worse as time goes by.

The more conservative methods used by identity thieves consist of stealing records or information while on the job and stealing your mail, such as bank and credit card statements, credit card offers, new checks and tax information.

Mail can be stolen while it is to and from your mailbox. A thief can fill out a “change of address” form and have your mail brought to a different address. They can also gain access to your information by going through your trash or the trash of businesses or public trash dumps.

To get a credit report, identity thieves may pretend to be a landlord, an employer or someone else who may have legal right to admission to your personal information.

Even if you think your own personal information is well protected, you may not be aware of some of the high-tech, and highly clever methods that thieves today are using to get your personal data.

Some of the most popular commercials show some skimming and phishing strategies that identity thieves are doing.

In skimming, identity thieves obtain credit or debit card numbers by putting the information in a data storage device they have put to an ATM or automated teller machine.

On the same note, shoulder surfing is when an identity thief uses a camera phone or positions near a person who is using the ATM or is typing in his or her credit card number into a phone. The most recent trend in this crime involves fraudulent emails. This is quickly becoming one of the frequent cases.

According to results of a survey done by a financial transaction company, around 43 percent of users have received phishing contracts in their emails. In this strategy, identity thieves pose as banks, credit card companies or other institutions to get you to give out information such as passwords or account numbers. In the more sophisticated strategy also known as pharming, users that are trying to get into a certain site is mislead to fake sites that have the same address.

Now that you already know some of the identity theft cases, you maybe wondering if you can use the measures you have seen on identity theft commercials. Although some of them may be reality-based and can actually work, it is important that you also know some of important things not seen in those commercials.

Consumers can avoid being an identity theft victim by using only ATMs that they are familiar with, checking out the machine to be certain that nothing looks out of the ordinary and covering up the pin number you are using.

You should continue maintaining your monthly checks and statements for at least one year in case you need to disagree over a particular check transaction made.

Finally, when you throw out papers that have personal information, such as ATM , bank checks, etc. try to shred them first before dumping. It is also a good idea to keep a file of all credit cards, account numbers, expiration dates and credit card customer service phone numbers in a safe place in case your cards are stolen or lost.

You can never be too careful these days. Anyone can be a victim of identity theft, commercial or no commercial.

What Is A Subprime Home Loan?

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Posted by Graham McKenzie | Posted in credit | Posted on 04-02-2010

A loan with a considerably high rate of interest is often known as a subprime home loan, and is specially designed for the high liability borrower. Such loans are usually considered to be high risk, because they frequently contain hidden fees, charges, and high rates of interest. The only good thing about them is that these kind of loans are offered to people who have no credit, bad credit, or records that prevent them from receiving other types of loans.

The settings of loan amounts are usually affected by Freddie Mac and Fannie Mae associations, however, this is not the case when it comes to a home loan. In this sort of loan, the rate of interest can be as much as the issuer wants it to be and they are free to add any type of fine print that they wish. Therefore it is essential to carefully read your documentation. It is also recommended that you let your lawyer take a look at it.

A subprime loan is usually too risky for the borrower. Many people having bad credit scores and low income get loan these days, but the financing company ensures that they make big profit off it. This is done by keeping the rates of interest very high and by including hidden charges.

Don’t be discouraged, because there are some benefits to getting a subprime home loan. If, for some reason your credit is too bad to be accepted by other lenders but you still have enough money to make monthly payments, a home loan may be there for you. It can take years to fix your credit score, and sometimes you just need the money right away. If you make your payments on time you will be able to improve your credit and refinance your loan.

If after some time, you feel that you plan doesn’t suit your needs then you can get it refinanced. However, this may not be feasible if the rates are mentioned in your original documents. These rates would be so high that it would become nearly impracticable to get your loan refinanced and this may keep you trapped with inside that loan.

In order to save yourself from being scammed, and getting the most suitable plan available for you, you must look for a genuine agent. While selecting an agent for you, you may want to look around and have a talk with different agents, friends and family members. This will give you an idea about them and you should be able to select an agent who will offer you the best deal possible. You can also find details about a particular agent online through the Better Business Bureau, or you can find out by making a call to the company in which the agent is employed.

You must opt for a subprime loan, only if you feel that this is the best possible plan for your needs. You can get all details about the other plans and options from your agent, and then decide which one would be most suitable for you according to your financial position. Take your time before opting for a subprime loan and go through the contract carefully before signing it.

Graham McKenzie is the content coordinator for South Africa’s leading Homeloans portal.

Do Second Chance Bank Accounts Exist?

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Posted by Amber Deanwater | Posted in credit | Posted on 02-02-2010

People who have or are, for various reasons, facing financial difficulties and have had their bank account suspended or closed should look into a “second chance bank account.” Another name for second chance bank accounts is non-ChexSystems checking accounts.

ChexSystems is a check verification service and consumer reporting agency. You are at risk of being reported to ChexSystems if you perform any type of financial misdemeanor. Of all the banks in the United States, approximately 80% of them use ChexSystems for reporting when an overdraft limit is exceeded, a payment is not honored, or a check is bounced.

Doing any or all of these things on a consistent basis will lead to your being entered into ChexSystems, thereby placing your account at risk of being closed. Once this happens, it will be extremely difficult to open another checking account because most banks will not open an account for you because of your past payment history.

Second chance bank accounts allow you a chance to get things back under control. These checking accounts operate like standard bank accounts in that you can access your money and pay your bills. For people whose bank accounts have been closed, these second chance bank accounts offer a needed opportunity to start over again.

A variety of banks and finance companies offer second chance bank accounts. You can even find some of these companies on the internet. To be accepted for one of these accounts, you will need to complete an application and provide address and identification information, which will be verified.

Before you do this, it is a good idea to get a copy of your ChexSystems report. You should review the report for any inaccurate or false information. If the report contains any information which is false or inaccurate, the information can be revised or deleted. It may well be that this false information is what is keeping you from being able to obtain a checking account in the first place.

However, if all the information is accurate, then a second chance bank account is likely the next step to take. These accounts are easy to open and are recommended for people who need a second chance.

Be sure to shop around prior to applying for a second chance bank account. Sometimes, companies will charge monthly or annual fees in addition to one-time payments to open the account. Therefore, be smart, shop the market, and get the best deal you can.

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