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MICHIGAN cavalry ge capital care credit ala Roosen etc.


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First, thank you for past help. I have lurked a little too late on some other accounts, and when judge looked at me and said is this your account and your address (on the bills) I said yes, and it all went down hill from there. This time, it is my husband's account, and I am trying to nip it all in the bud. I cannot find the darned list of what you need to know to guide me and I have a headache reading the WONDERFUL Michigan posts flipping back and forth to the legalize dictionary webstie trying to translate all the wonderful advice. I want to cry all the official talk is so confusing, so PLEASE use small words! ha!

 

Ok

Care credit account 4K and change from 2009

 

In 2010 Equable tried to claim ownership via letters and phone calls we ignored.

 

They hired Weltman etc. who sent letter suggesting a lawsuit and after I sent back letter asking for validation THEY SENT LETTER SAYING NEVER MIND we cannot verify the account! This was in 2010

 

Here comes 2013 where now the client is Cavalry Portfolio Services LLC and the ATTY group is Cawley and Bergmann and I sent the same letter AND the letter from Weltman telling them to go away, this was a disputed debt and perhaps the person they bought it from did not tell them it was unable to be properly validated. A letter was sent letting them know that the only correspondance needed to be in writing.

 

But they wrote back the next month attaching a statement from Care credit with our name and address showing CHARGE OFF ACCOUNT principals 2800 and charge off finance charges of 1300 etc.

 

STUPID ME picked up the phone to let them know to stop calling and writing bc my husband was deployed at the time in Afghanistan. THE OPERATOR went in full blown crazy mode on me saying "he is still geting paid and we WILL be pursuing legal action" he also went off telling me that their client wants the principal of 4K which is not what the letter said. Besides the fact that he gave me details on my HUSBANDS account and then starting calling me after I had told them to cease and desist.

 

Someone must have realized they messed up bc never heard back from those people BUT here we are NOW 4 months later a NEW ATTY office is now writing with Cavalry SPV I LLC as the assignee!!! THis brings us to the actual lawsuit.

 

Of course, I sent the same letter I had sent to Cawley telling them that Weltman back in 2010 had been unable to verify and to please stop sending form letters, please read that this is NOT pursuable.

 

Of course, they wrote back with their "verification" being the last 4 digits of my husbands soc and the last four digits of the account number from GE CApital/Care Credit. Says Date of last payment 10/2/09 and that the account was open 6/27/06.

 

I wrote them back asking for real validation.

 

They responded with a SUMMONS AND COMPLAINT

 

Plaintiff Cavalry, SPV I LLC as assignee of GE Capital Corp. Care Credit

 

And we now are into the 21 days to file our answer. I am not sure how much of the above story impacts this???

 

the office is ROOSEN VARCHETTI and OLIVIER, PLLC

 

Complaint

 

Now comes plaintiff, Cavalry SPV I LLC as assigneed of GE Capital Corp Care credit, by and through its attys ROOSEN V AND O PLLC and for its Complaint states to this Honorable Court as follows:

 

1. Defendant entered into a Contract with Plaintiff or Plaintiff's Assignor, the account/loan number of which is **********1234 (note this really is NOT the account number it is just truly asterisks on the document), and pursuant to MCR 2.113(F)(1)(B) Plaintiff's claim is based on a written instrument which is not attached as it is in the possission of the adverse party.

 

2 Defendant defaulted under the terms and conditions of the Contract

 

3 Plaintiff and/or its assignor(s) completed performance under the terms and conditions of the Contract

 

4. The account has been stated and/or is open between the parties.

 

5. As a result of Defendant's defalt Plaintiff claims beach of contract, open account, account stated, and/or unjust enrichment

 

6. The original claim amount due and owing by Dependant to Plaintiff is (4K and change) plus interest, costs and attorney fees.

 

WHEREFORE, Plaintiff requests that this Honorable Court enter judgment against Dependant and in favor of Plaintiff for the original claim amount of (4K and change) plus interest to date for $.00 for a total amount due of (same amount) plus interest, costs and attourney fees.

 

 

There is an attachment to the SUMMONS that is stamped EXHIBIT

 

It reads STATEMENT OF ACCOUNT

 

Cavalry SPV I, LLC Reference Number for their offices only

Name on Account (hubbie)

Address on Account(ours)

Original Account Number (again this is a bunch of asterisks and last 4 digits)

Original Institution Ge Capital Corp

Current Statement Date April 2014

Date of Charge Off May 19. 2010

Last Payment date Oct. 2009

Principal as of 4/14 4K and change

Accumulated Interest 0

Account Balance (same as above)

Costs 0

Other charges 0

Interest rate 0%

 

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

My quest. regarding the answer to the court is that in number one, am I the adverse party that is supposed to have this contract?

in number 4 and 5, which of those is what they are after? all the and/or is very confusing.

 

I will be quiet now and wait for help!

 

THANK YOU

 

ps last time I posted like this I got a PM from someone sending me to their stop debt collector atty in michigan, do you rec'd this or just send hubbie in there on his own? THANK YOU IN ADVANCE

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First:  ONE attorney not being able to validate does not automatically mean EVERY entity that touches the account won't be able to.  There were likely two reasons Weltman could not validate:  1)  they no longer had the account therefore the creditor would not give them the information needed to validate and/or (2) the Soldiers and Sailors Relief Ac.

 

TELLING them to stop calling has no teeth.  Sending a cease and desist letter does.  However, the cease and desist does not prohibit them from filing suit.  

 

Your husband needs to defend this suit.  The law firm that has this now is not a fly by night debt lawsuit mill like Mary Jane Elliott or other firms.  You can use www.naca.net to find a consumer attorney to handle this.  Cavalry tends to back down when challenged by opposing counsel.

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If your husband is still over seas, have him contact a military lawyer (JAG Office) and put a stop to this, if your on base go yourself and take the paperwork with you. They can not do anything with him being deployed in a combat zone. Should they continue and get a default because he is not here it can be overturned, but in the meantime they will be trying to clean out your accounts. Should they get one, don't keep any money in it until you can straighten this out. You in the meantime can contact a NACCA attorney and see if they will help. Good luck from an old soldier.

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Thank you both. He is gratefully home now, thank you Tom for YOUR service.

 

I just don't think he has it in him to fight this mess in person.

 

If we wants to just negotiate do we still go thru all the answer process or just call the Junk buyers? Years ago I think I ended up with a consent judgement by doing so, but I have never heard of these Roosen people.

 

Ultimately it was our debt way back when that they charged off. I am sure Cavalry bought it for pennies, and the amount they want is way over what it was when we stopped paying when he was laid off. But I dont have any contract to see if we are passed the SOL or anything, that would be the only hope.

 

Thanks :(

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The SOL on written agreements/contracts in MI is 6 years.  If you know when you made the last payment on the account that is when the SOL clock starts ticking.

 

Before entering into another consent judgment or settling at least talk to a consumer lawyer or two.  Most will do the first consult for free.  If there is a case against these bottom feeders they will fight them FOR your husband.

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First thing you need to do since it has been 21 days since he was served is get an answer filed.  BMC walks you through it, read his thread, and come back with questions.  Your husband is going to have to learn the rules, as youwon't be able to speak for him in court should it come to that, and he needs to know what, how and why is objections are based on.

BMC's thread. http://www.creditinfocenter.com/community/topic/318271-those-being-sued-in-michigan-by-a-jdb-step-by-step-in-defending/

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I just want to cry. I have read the wonderful info from bcm but it is just greek to me. I tried to replace some of the legalize with real words in order to "get" what to do but I just cannot wrap my head around it. I appreciate your support and responses though.

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I just want to cry. I have read the wonderful info from bcm but it is just greek to me. I tried to replace some of the legalize with real words in order to "get" what to do but I just cannot wrap my head around it. I appreciate your support and responses though.

 

If you don't feel you can handle this own your own, see a consumer lawyer.  www.naca.net  Get several opinions.  Defending a debt collection case on your own can be done, but it takes a lot of work.

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@slkr

We know it's hard to grasp the steps you need to take when you're overwhelmed. After your husband's service and your family's sacrifice, you don't need this aggravation.  I would also encourage you to consult with a NACA or experienced consumer attorney as soon as possible. You may have some violations to federal and state debt collection laws. Please answer:

 

1.) When is the 21-day deadline up to submit your answer to the court?

 

The complaint at paragraphs #4 and #5 state, "4. The account has been stated and/or is open between the parties. 5. As a result of Defendant's defalt Plaintiff claims beach of contract, open account, account stated, and/or unjust enrichment"

 

2.) Was there an affidavit ( a notarized statement with a notary's seal and signature) from a custodian of records or authorized representative of Cavalry attached to the complaint with the account statement? 

 

3.) When/if you file your answer you will need to make up your own affidavit denying the account stated claim. There is good info here on how to do that. 

 

4.) Do you have copies of any or all of the dispute letters and responses from this account history? 

 

5.) Has your husband checked his credit reports (Equifax, Experian and Transunion) to see if this account is reported and if so, is the account marked as disputed by consumer?

 

"...am I the adverse party that is supposed to have this contract?" Adverse party to the complaint means the defendant. That would be your husband. The reason the plaintiff claims you have a copy of the contract in your possession is to satisfy a court rule. That rule says the plaintiff on a breach of contract claim needs to attach a copy of the contract to the complaint, or give one of several reasons listed in that court rule for not attaching it. Cavalry most likely does not have a copy of a contract and claims you do to get around the fact they don't have it. 

 

These 2 recent (long) threads have a lot of information that will help you understand what the answer and the affidavit should include:

 

http://www.creditinfocenter.com/community/topic/322316-being-sued-by-lvnv-scared-and-have-no-money/

http://www.creditinfocenter.com/community/topic/324228-responding-to-discovery-request-pending-msj-lvnv-michigan/

 

Here's a handbook of legal terms written for non-lawyer court personnel:

http://courts.mi.gov/education/mji/Resources/Documents/HOLT.pdf

 

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@slkr

 

http://www.cooley.edu/probono/service_to_soldiers.html

 

Since 2007, Thomas Cooley's Service to Soldiers: Legal Assistance Referral Program has been offering free legal assistance to Michigan and Florida military personnel who are deploying to, are serving in, or have recently returned from deployment and are experiencing civilian legal concerns. This program is offered state-wide to servicemembers of E5 rank or below in Michigan, and rank E5 and below in Florida, and works cooperatively with other veteran and military assistance programs throughout Michigan. In particular, the ABA Military Pro Bono Project asked to partner with Cooley Law School to combine the resources of both programs and provide greater coverage to service members. Service to Soldiers has been a valuable partner to the ABA Military Pro Bono Project and Department of Defense Office of Legal Policy. The program has allowed Cooley students, alumni, staff, and Michigan and Florida attorneys the opportunity to give back to those who have sacrificed so much for our country.

 

Thousands of military personnel have received free legal assistance through the generosity of our participating faculty, alumni, students, and members of the legal community. Assistance has been offered in preparing wills and powers of attorney, and with handling family law issues, landlord disputes, insurance problems, and creditor/debtor concerns.

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Thanks Brotherskeeper.

 

@slkr here is some help on the answer part, but answer brotherskeepers questions as it may change these.

 

When preparing an answer (responsive pleading), you must follow the general rules of pleading in Michigan Court Rule 2.111. This rule tells you what must be in an answer. At a minimum, as to each allegation in the complaint, you must state whether you admit or deny that allegation or whether you lack the knowledge or information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial. Each denial must state the substance of the matters on which you rely to support the denial. Each response must be numbered and must match the corresponding number in the complaint. For example, paragraph 1 in your answer must be a response to paragraph 1 in the complaint. You must respond to each numbered allegation in the complaint.

 

so for your complaint answer would look something like this.  Brotherskeeper correct me if I am wrong.

 

Now comes plaintiff, Cavalry SPV I LLC as assigneed of GE Capital Corp Care credit, by and through its attys ROOSEN V AND O PLLC and for its Complaint states to this Honorable Court as follows:

 

1. Defendant entered into a Contract with Plaintiff or Plaintiff's Assignor, the account/loan number of which is **********1234 (note this really is NOT the account number it is just truly asterisks on the document), and pursuant to MCR 2.113(F)(1)( B) Plaintiff's claim is based on a written instrument which is not attached as it is in the possission of the adverse party.   Denied.  Defendant lacks the knowledge or information sufficient to form a belief as to the truth of the allegation, Defendant is not in possession of any written instrument of any account loan number xxxx from plaintiffs alleged assignor.

 

2 Defendant defaulted under the terms and conditions of the Contract   Denied.  Defendant lacks the knowledge or information sufficient to form a belief as to the truth of the allegation,

 

3 Plaintiff and/or its assignor(s) completed performance under the terms and conditions of the Contract   Denied.  Defendant lacks the knowledge or information sufficient to form a belief as to the truth of the allegation,

 

4. The account has been stated and/or is open between the parties.   Denied.  Defendant lacks the knowledge or information sufficient to form a belief as to the truth of the allegation,

 

5. As a result of Defendant's defalt Plaintiff claims beach of contract, open account, account stated, and/or unjust enrichment   Denied.  Defendant lacks the knowledge or information sufficient to form a belief as to the truth of the allegation,

 

6. The original claim amount due and owing by Dependant to Plaintiff is (4K and change) plus interest, costs and attorney fees.   Denied.  Defendant lacks the knowledge or information sufficient to form a belief as to the truth of the allegation,

 

WHEREFORE, Plaintiff requests that this Honorable Court enter judgment against Dependant and in favor of Plaintiff for the original claim amount of (4K and change) plus interest to date for $.00 for a total amount due of (same amount) plus interest, costs and attourney fees.

 

Then you need an affidavit denying also that is notorized.  I will look for some examples.

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Sorry, but sending a charged off statement is no longer enough to verify a debt. Please see the last post I made to my sticky (Haddad vs. Alexander, US 6th District COA) This case originated in Michigan. Under the old precedent, yes it is enough...This new one from last month, no. Especially if you denied or disputed any part of the debt. The JDB needs to provide you with the information (itemized list of charges) to justify the amount or it is a FDCPA violation.

 

Next, How were you served? By Mail or in Person?

 

Was your husband still deployed when the litigation started?

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@slkr  @shellieh98

In Michigan, you have to add a little more substance than just a straight denial. For example, there are many allegations to unpack in paragraph 1:

 

1. Defendant entered into a Contract with Plaintiff or Plaintiff's Assignor, the account/loan number of which is **********1234 (note this really is NOT the account number it is just truly asterisks on the document), and pursuant to MCR 2.113(F)(1)( b ) Plaintiff's claim is based on a written instrument which is not attached as it is in the possession of the adverse party.

 

Answering paragraph 1, Defendant denies he entered into a Contract with Plaintiff. Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations, and therefore denies, that Plaintiff's Assignor is GE Capital Corp. Care Credit. Plaintiff has not provided the documentation attached to the Complaint that the alleged account was duly assigned in the normal course of business to Plaintiff. Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations, and therefore denies, that Defendant entered into a contract with Plaintiff's alleged assignor, the account/loan number of which is ********1234. Defendant denies the alleged referenced  "written instrument " is in his possession.

 

If @slkr reads the 2 threads I linked to in post #10, she will find good examples to answer these allegations. to list affirmative defenses, and draft a counter-affidavit of denial.

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DO NOT use the same exact denial answer for each question.  You need to tweak each one JUST enough so that you do not piss off the court.  I do not know WHY people keep cutting and pasting the same answer as it will just anger the court and then you end up being compelled to answer. 

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@Clydesmom Because I looked in the rules and it said to answer each allegation with admit or deny, or what I put up there. I was hoping people would jump in and correct me, but I took it right off the rules.

 

@shellieh98  The "admit" or "deny" is repetitive but the supporting rationale is NOT.  The MI courts have zero tolerance for cut and paste internet answers.  

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The Michigan district courts don't seem to have much of a problem with the "cut and paste" boilerplate complaints, legally insufficient robo-signed affidavits, motions for summary disposition and briefs that the JDB attorneys file by the thousands. I started on this forum in 2012, I now recognize the law firms by their complaints.

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Well like I said in post 8, but she wasn't understanding what she needed to do. It appeared she needed help in spelling it out, so I tried. Telling her to go see a consumer while good advice isn't useful if you don't have any money to do so, she needs to get an answer filed to avoid default. She can worry about the other stuff later. A free consult isn't going to answer her suit.

And it wasn't an internet answer, it was a mi rules of civil procedure answer.

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@shellieh98

 

I agree with you. You're trying to lend a helping hand and get her started.  I hope she comes back and answers my questions. That Service For Soldiers legal aid is worth checking out; it's pro bono. Unless an attorney is willing to jump in very soon, she's going to have to submit her answer. We can help. 

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I hope my responses below are clear,  i clicked quote and answered in BOLD

 

@slkr

We know it's hard to grasp the steps you need to take when you're overwhelmed. After your husband's service and your family's sacrifice, you don't need this aggravation.  I would also encourage you to consult with a NACA or experienced consumer attorney as soon as possible. You may have some violations to federal and state debt collection laws. Please answer:

 

1.) When is the 21-day deadline up to submit your answer to the court? Thursday the 14th- I may have to hand deliver or fax to the court at this point

 

The complaint at paragraphs #4 and #5 state, "4. The account has been stated and/or is open between the parties. 5. As a result of Defendant's defalt Plaintiff claims beach of contract, open account, account stated, and/or unjust enrichment"

 

2.) Was there an affidavit ( a notarized statement with a notary's seal and signature) from a custodian of records or authorized representative of Cavalry attached to the complaint with the account statement? 

 

There is nothing attached except a piece of paper that my 7 year old could have typed up called "statement of account" with the basics listed including costs and date charged off

 

3.) When/if you file your answer you will need to make up your own affidavit denying the account stated claim. There is good info here on how to do that. 

 

I have been reading it all and am trying to put it together thanks to all of you- I know what I want to say in english but putting it together in legalize....

 

4.) Do you have copies of any or all of the dispute letters and responses from this account history? 

 

I have the last year put together and THREE different atty offices contacting me on this same account, or do you mean JUST the one atty or one client that has taken it to court? i have info from Cavalry when they used another office as well...Are the others relevant to my case? I thought so but would love to know

 

5.) Has your husband checked his credit reports (Equifax, Experian and Transunion) to see if this account is reported and if so, is the account marked as disputed by consumer?

 

Experian : closed Seriously past due date / assigned to attorney, collection agency, or credit grantor's internal collection department: AAccount in dispute-reported by subscriber

Equifax: closed unpaid

Transunion: open : Account information disputed by consumer

 

"...am I the adverse party that is supposed to have this contract?" Adverse party to the complaint means the defendant. That would be your husband. The reason the plaintiff claims you have a copy of the contract in your possession is to satisfy a court rule. That rule says the plaintiff on a breach of contract claim needs to attach a copy of the contract to the complaint, or give one of several reasons listed in that court rule for not attaching it. Cavalry most likely does not have a copy of a contract and claims you do to get around the fact they don't have it. 

 

These 2 recent (long) threads have a lot of information that will help you understand what the answer and the affidavit should include:

 

http://www.creditinfocenter.com/community/topic/322316-being-sued-by-lvnv-scared-and-have-no-money/

http://www.creditinfocenter.com/community/topic/324228-responding-to-discovery-request-pending-msj-lvnv-michigan/

 

Here's a handbook of legal terms written for non-lawyer court personnel:

http://courts.mi.gov/education/mji/Resources/Documents/HOLT.pdf

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@Brotherskeeper we are no longer E5 and below, but I am so grateful for the info on the military help from cooley, i hope someone else sees it and can use that service. what an amazing resource, thank you.

 

@shellieh98 thank you for all the options and input, helping me not to feel so dumb

 

@debtzapper @Clydesmom thank you i tried to contact attys but they either wanted to talk me into bankruptcy or put together a case for violation of FDCPA on the collection behavior which is not what i needed

 

@bmc100 the papers were served at our home and he was deployed when as Cavalry Portfolio Services LLC started with Cawly and Bergman last fall BUT home from deployment when we then heard from them as Cavalry I SPV LLC with Roosen now in the spring (same?no?)

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The affidavit is simple.

 

STATE OF MICHIGAN)

COUNTY OF XYZ))

 

Centered and underlined  - THE AFFIDAVIT OF ________________

 

Indented - I, ___________, make this affidavit to the best of my knowledge, can be called as a witness and is over the age 18 years old states as follows:

 

1. I deny entering into an agreement opened an account with JDB's assignor XYZ in regards to account number XXXXXXX

 

2. I deny the amount the Plaintiff is claiming is correct and due or owing and no amount has been agreed to between the parties.

 

3. I never have received any account statements from the Plaintiff or Plaintiff's assignor.

 

4. I have never made payment or authorized usage of this alleged account.

 

5. I am not in possession of the terms and conditions of the account referenced in the Plaintiff's complaint.

 

This is to get you started. What you are doing with this affidavit is killing their account stated claim. They cannot be awarded anything if the account is still open. You are killing their breach of contract claim. You can use this as Prima Facie evidence against them during an MSJ hearing. 

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The affidavit is simple.

 

STATE OF MICHIGAN)

COUNTY OF XYZ))

 

Centered and underlined  - THE AFFIDAVIT OF ________________

 

Indented - I, ___________, make this affidavit to the best of my knowledge, can be called as a witness and is over the age 18 years old states as follows:

 

1. I deny entering into an agreement opened an account with JDB's assignor XYZ in regards to account number XXXXXXX

 

2. I deny the amount the Plaintiff is claiming is correct and due or owing and no amount has been agreed to between the parties.

 

3. I never have received any account statements from the Plaintiff or Plaintiff's assignor.

 

4. I have never made payment or authorized usage of this alleged account.

 

5. I am not in possession of the terms and conditions of the account referenced in the Plaintiff's complaint.

 

This is to get you started. What you are doing with this affidavit is killing their account stated claim. They cannot be awarded anything if the account is still open. You are killing their breach of contract claim. You can use this as Prima Facie evidence against them during an MSJ hearing. 

@bmc100 @slkr

 

5.) Has your husband checked his credit reports (Equifax, Experian and Transunion) to see if this account is reported and if so, is the account marked as disputed by consumer?

 

Experian : closed Seriously past due date / assigned to attorney, collection agency, or credit grantor's internal collection department: AAccount in dispute-reported by subscriber

Equifax: closed unpaid

Transunion: open : Account information disputed by consumer

 

Should the fact that the account is disputed on 2 credit agency reports, and upon information and belief is in the possession of Plaintiff, be included in the affidavit? 

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