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Sherman can't validate - help to remove OC also


reno2360
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Can someone share you ideas regarding this question:

Sherman/RMA has never answered my request for validation sent in February. I am thinking they never will of course as it is for a Sears account opend in 1984. I am thinking the chances of any original documents being around still are extremely slim. My question is this though, I realize I can send Sherman/RMA a letter stating to remove their tradeline from my credit reports, etc.... based on their not being able to validate therefore they cannot collect... BUT is there any way I could eliminate the Sears tradeline also as it shows up as being charged off or do I just have to wait the seven years. I would be happy though to be rid of Sherman once and for all. If there was some way to eliminate the Sears charge off I would be in credit heaven.

Thanks for any input.

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If Sherman/RMA has purchased the account, about the only ways you could achieve this is by constantly attacking their TL, such as balances, dates, or whatever. The other is to wait until CHOD and file your disputes then in hopes Sears fails to respond. True, since Sears reports electronically, it may reappear, but, that is a different story.

If Sherman/RMA is an assignee, striving for them to violate can give you an edge in causing Sears to respond to your requests. Remember, in some States, the OC is liable for the actions of their assignee. An example would be if they are still reporting as active w/o the "dispute" notation, they are in violation.

I do not know your intent, so will just assume you want to settle this matter by paying at a lesser amount. If this is true, then you need to find out exactly if this is a sold or assigned debt. Reason being is the debt is still within the SOL which gives them the right to pursue litigation if they desire. This is not what you want. You want to settle for a lesser amount with all or most of all negative information removed from your CR.

Therefore, I would compose a second DV letter and send it CMRR to the CA. You will make mention of the first and inlcude copies of letter and signature card to show your attempts were made. Give them 35 more days to respond. If none, send them an ITS for their failures and violations. This should cause some response, which could include their filing on you. If this did happen, you would definitely answer and include your "Defendant's Claim". It may not get you off totally, but, it can sure change the numbers in your favor. Also, it could cause them to just close, delete, and go away. Either way, after you have accomplished this, then you can tackle Sears themselves using the CA's violations to get the TL changed to your satisfaction, which, in this case, I would want all lates deleted and status changed to "account closed by consumer" and "pays or paid as agreed". With an old open date, this will help you more than if the TL was completely deleted.

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