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Repossession/In litigation/Credit Report


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Long story short:

Had a motorcycle. Made payment arrangments after an accident (was NOT late yet). Letter from CU stated date and amount to be paid as per agreed in phone call. CU repos the bike on THAT day at approximately 1130am (CU closes at 5pm). Hire attorney, resolve issue but CU turns around and sells bike than tries to sue me in SC. Atty removes the case, goes to Arbitration (non-binding), Arbitration finds for me. CU in BOC rendering repo unlawful. CU refuses to make restitution in the amount that Arbitration has awarded. It goes to trial next month unless CU pays up.

Here's what has happened on CR since: First CU reports payments late (no lates prior to the month they repo'd/2 years of good, on time payments). CRA investigates, CU cannot report 'lates' if they refuse to accept payments. CU reports Repo AFTER they are found at fault by court. Now I have a repo on my CR. If I send the documents showing that CU has already been found at fault in their actions along with the court documents showing that this is still a subject of litigation can it be removed and the payment history (which was good) be put back on the report?

Can the CU report a REPO when they have been found to be WRONG in the court? At this time they are trying to hold the REPO on the CR over my head as 'settlement'--ie. we'll remove the REPO if you forget about the money.

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This court action has been dragging on for over a year.

Last May (06) when I rec'd the CR and it showed the CU payments as being 30 days late 1/06, 60 2/06, 90 3/06, 120 4/06. I disputed the information with the fact that the CU refused to accept payments as of 1/5/06 (the day of repo) and that this loan was the subject of litigation and therefore has not been decided how it should be recorded on the credit report. The information was removed from the report. It was reinserted as a REPO within a month of our attorney counter filed against them for wrongful repossession and breach of contract. (We retained the attorney on 1/13/06).

If it's still in litigation can I dispute it? Should I send the court doc's showing that they've been found wrong already? I do not want to let the CU use the credit report as leverage in settling.

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