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3 General questions


Drake Savory
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I decided to put these all in one rather than starting a whole bunch of threads. Basically they are on what to do when things don't go to plan.

1) When demanding debt validation on an old debt, creditors claim that I have 30 days from initial contact (which of course has expired) to demand validation. I’m thinking of countering with 15 USC 1692g(a)(3) where the 30 days starts with the receipt of the notice and demanding they prove I received the notice (which they can’t except through their records of when they sent it).

Is this at all a valid or good tactic? Would it hold up in court if it ever gets there? What do I do if they ignore this and claim they don’t need to validate since I missed the deadline according to their records.

2) I had always heard that when I paid off my car, my FICO would go up. Well, I did and it didn’t. I think part of the problem is that the car finance company transferred the debt just as I was going to pay it off. So the line item shows a transfer and not a payoff and the second finance company never sent in anything to the CRA so in effect, my CR never shows me actually paying off the car. I would love to take advantage of this situation to get the whole line item wiped. Any ideas on how to do this?

3) I hear about the “method of validation” letter when the CRA doesn’t wipe the line item after checking e-Oscar. How does “method of validation” work? Does it make any difference if the creditor doesn’t validate the debt with me?

I think that’s it for now.

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Re: question #1: Your only recourse if you took this position would be to prove that you have a mail issue at your home. In other words its your word against the post office. Good luck on that one.

Re: question #2: Contact the last known finance holder and ask them to update your CR.

Re: question #3: Validation letters should be regarded as a "Hail Mary", sometimes they work and sometimes they don't. If you have a legitimate reason to have something removed and they don't your going to have to provide proof to them. For example you have a collection over seven years. Usually a second letter will get it removed.

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