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Can I sue Creditor and CRA's for this ... (late payments)

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I am new to the board (I spent my last two nights reading ... XhelpX).

I fell behind my car payment for one month (made my payment 34 days after due date), and was reported correctly to the CRA's.

I paid on time for a while, but due to an emergency I was not able to make some of my payments on time.

My creditor advised me, as long as I make the payments before they are 30 days late, they will not be reported to the CRA's. So, I have been making my payments on the 28th day after due date, for 4 months.

However, now I am also beeing reported 30 days late for these four months.

Creditor keeps assuring me they will fix it (or they hang up on me) over and over but nothing happens, CRA's won't update either, keeps coming back as verified. Do I have violations in this case, or did the Creditor just lied to me from the beginning ...

Your help is greatly appreciated ... thanks


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My humble advice:

1) Quit calling, write

2) Memorialize in writing who you talked to and about what before you forget for your records.

3) Write them certified mail, return recipt etc. and explain to them that they have the right to report 100% accurate information, since there is no way they can report 28 days late, they must either report positive or neutral for those months where it was not 30 or more days late. Mention names and dates that you spoke to their phone monkeys and what they agreed to do. (Use the word "agreed")

The tone of this first letter need not be angry, but rather that of their customer who needs their help.

4) Keep track of your credit report for multiple (non-permissable) pulls just in case they make that mistake. Sometimes, when you write to them, your letter will be whored out to different departments, and if they each do a hard pull, you can call them on it. ONE pull is permissable so they can see what they've done, multiples by the same company is called "FICO poisioning" or something like that.

5) Keep us updated, as many people have similar problems.

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Big Time,

you made my night ... :twothumbsup: ,

thanks sooo much for this fast reply, I'll do just that first thing tomorrow.

I still have some of their akward names scribbeld down ...

I'll keep you updated if I get any response from them ... Now, should I write to the Credit Bueraus too, or wait for a response first from the Creditor?

And, what should I do if I get no response to my letter (on the phone they usually hung up on me, or put me on Hold and never came back ...:shock:)

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It's always best to deal with the OC's first, and the CRA's as a last resort with stuff that is current.

I;m tired and have to go, but I;'ll be back tomorrw .

It's safe to assume that they will either ignore your fiorst lketter or reply with a form letter denying every request you made.

Your second letter will have a serious tone and point out the specifics of consumer law

very sleeepy


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