This website is a testimony to the problems Canadian Student Loan borrowers experienced from approximately 1996 to 2008 and until their loans were paid off.

The privatization of the Student Loans system by the Chretien and Martin Liberal governments broke the system and defaulted thousands of borrowers who were trying to pay their loans. There were even stories of suicide due to the harassment of borrowers.

Read the report that I prepared back in 2007 here. Canada Student Loans-The Need for Change Fortunately the new Conservative government at the time revamped the program and fixed the system for new borrowers, but borrowers under the previous program were left with ruined credit and continued harassment from debt collectors.

I call on the Canadian Government to apologize to the borrowers affected by this fiasco and make amends.

Unfortunately the Liberal government is again clobbering the Education system with their upcoming changes to International Student Visas. Yes, there's a problem, but instead of a well thought out plan, they have pulled the emergency brake on the train causing a derailment. This has introduced unprecedented instability for both private and public education institutions who serve both international and local students.

Universities can't plan. I've heard of courses being cut because the government has no process in place for universities to send the newly required acceptance letters to the government.

This means that students who have been accepted can not attend courses that start in the summer 2024 semester. With cut sections, current Canadian students will have trouble getting courses, and may have to switch to part-time which changes their enrollment status and might trigger repayment of their loans or ineligibility for funding. I've seen this before. It wreaks havoc on the student loan borrowers.

Again, the Liberal government has messed up the education environment. Will the new system needed in a rush for the acceptance letters be the new Arrivecan scandal?

I call on the government to implement a slower phased in approach and delay the requirement of the acceptance letters until a process is in place to submit these letters.


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    Posted: 17/September/2012 at 3:10pm
According to my free TransUnion credit report I have a GOVERNMENT STUDENT LOAN with the last payment date of July 1, 2005.  The loan was taken out in July of 2003.  It is rated as paid as agreed.  (not accurate as  could not afford to pay it)  And the last payment was the govt taking my GST credits.

It reads on the  report that the account has been transferred.

What I want to know has the "Statute of Limitations" to sue me run out?  Or does this not apply to the Government? 

So to reiterate the last payment date was July 2005 and the opened date was July 2003.

Also for the record this is not appearing on my Equifax credit check, just the Transunion.

Any insight would be greatly appreciated.

Thanks so much! 
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That would mean that it was paid by the government guarantor. No one can tell you if it is statute barred without doing the work to determine that. 
There is a credit or consumer reporting law that applies to the credit bureaus and how they record and report information. There are provincial laws and I believe there is a federal one as well.
 
The bureau is required to purge information after a prescribed period of time. In Ontario, the provincial law says 7 years. However, Equifax is structured to purge data after 6 years, which is what the federal law requires.
 
In one of my recent cases who posted results on this site there was a reporting issue that happened and I worked to have it removed as per those rules of reporting:
 
 
Creditors and student loan providers will just do these things from time to time. The onus is really on the borrower to prove otherwise it seems. If an item was reported intentionally despite knowing that it is against the law then you have to prove that, and that would be quite a challenge in such an instance.
 
A limitation issue is not an easy thing to uncover.  They will not voluntarily give up intelligence to you that would or could restrict them from recovering the money.  It has to be done by someone who knows how to do it.  You can approach me or my folks here to help you as we specialize in limitation examinations of student and consumer debt. 
 
If it is statute barred then you need to have transparency. You can't just assume these things because many have and found out the hard way.
 
Johnny
 
 
 
 
 
 
 
 
 
 
 
 
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote footloose Quote  Post ReplyReply Direct Link To This Post Posted: 18/September/2012 at 7:30pm

Is this GOVERNMENT STUDENT LOAN Federal or Provincial? If it is Provincial, in which province was it issued and by whom?

Since the student loan was issued, have you made any payments on this loan? If so, to whom? Do not include any income tax or GST rebates withheld.

Once I have this information, I can explain why this information is appearing on your TransUnion Credit Report and does not appear on your Equifax Credit Report.

Johnny wrote:

"There is a credit or consumer reporting law that applies to the credit bureau and how they record and report information. There are provincial laws and I believe there is a federal one as well."

Most Provinces and Territories have consumer reporting legislation but for those Provinces that do not, such as New Brunswick, the Personal Information Protection and Electronic Documents Act ( PIPEDA ), a Federal Act, provides for this void. Some Provinces, such as British Columbia, have passed their own Privacy legislation and where there is a conflict between PIPEDA and a Provincial Privacy Act, the provisions of the Provincial Privacy Act applies.

Johnny wrote:

" The bureau is required to purge information after a prescribed period of time. In Ontario, the provincial law says 7 years. However, Equifax is structured to purge data after 6 years, which is what the federal law requires."

Each Provincial and Territorial Consumer Reporting Act states the maximum period of time that a credit reporting agency can report "DEROGATORY" information. Each Act is "SILENT" on how long a credit reporting agency can report "NON-DEROGATORY" information. And the Federal Act, PIPEDA , is totally "SILENT" on how long information can be reported whether the information is "DEROGATORY' or 'NON-DEROGATORY' providing it is accurate. As well, each Provincial and Territorial Consumer Reporting Act states the MINIMUM period of time that an inquiry must remain on a Credit Report.

With this background, both TransUnion and Equifax have developed their own reporting POLICIES to comply with the reporting provisions of the various Provincial and Territorial Consumer Reporting Acts.

The policies of Equifax are as follows:

All inquiries, both "hard" and "soft" are purged after three years from the date of the inquiry. Inquiries from collection agencies and debt buyers are shown as "soft" inquiries and are only reported on a Consumer Disclosure Report and not on a Credit Report.

All "Trade" and "Collection" accounts are purged after six years from the "Original Date of Default with the Original Creditor". While Equifax clearly states both on its website and on its Credit Reports and on its Consumer Disclosure Reports that all accounts are purged six years from the "Date of Last Activity", that statement is technically incorrect.

All single Bankrupties are purged six years from the "Date of Discharge". All second and further Bankrupties are purged fourteen years from the "Date of Discharge".

All Consumer Proposals are purged three years from the date the Proposal has been completed. All Orderly Payment of Debts and Credit Counselling are purged two years from the date the program is satisfied.

All Judgments are purged six years from the date of the judgment.

The policies of TransUnion are as follows:

All inquiries, both "hard " and "soft" are purged after six years from the date of the inquiry. Inquiries from collection agencies and debt buyers are shown as "hard" inquiries in contravention of an "Order" issued by Consumer Protection BC. The "Order" was filed in the Supreme Court of British Columbia in early 2012 to which TransUnion refused to comply with the "Order". In response, TransUnion has filed for a Judicial Review of the "Order". No date has been set for the hearing.

All "Trade" accounts that contain "DEROGATORY' information and all "Collection" accounts are purged after six years from the "Original Date of Default with the Original Creditor". All "Trade" accounts that contain "NON-DEROGATORY' information are retained for twenty years before they are purged.

All single Bankruptcies that occurred in Ontario, Quebec, New Brunswick, Prince Edward Island and Newfoundland are purged after seven years from the "Date of Discharge". All other Bankruptcies that occurred in the remaining Provinces and Territories are purged after six years from the "Date of Discharge". All second and further Bankruptcies are purged fourteen years from the "Date of Discharge".

All Consumer Proposals are purged three years from the date the Proposal has been completed. All Orderly Payment of Debts and Credit Counselling are purged two years from the date the program is satisfied.

All judgments issued in Ontario, Quebec, New Brunswick and Newfoundland are purged seven years from the date of the judgment. All judgments issued in Prince Edward Island are purged ten years from the date of the judgment. All judgments issued in the remaining Provinces and Territories are purged six years from the date of the judgment.

I trust this detailed commentary will help clarify the numerous misunderstandings and misconceptions of how the consumer reporting system operates in Canada and provide a "breath of fresh air" to those who seek accurate and detailed information on the reporting policies of both Equifax and TransUnion, the only two credit reporting agencies in Canada.

 

 

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Equifax purges in 6 years because of the federal regulations. 
 
New Brunswick claims to be attached to the Nova Scotia legislation. So, from what they say, it is a combined one. Same applies for a lot of others, including the collection agency act ancd even privacy.
 
 
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 19/September/2012 at 10:45am
If the report reads "paid by government guarantor" with a zero balance, and an unaffected rating code then it is a federal guaranteed loan (CSL1, 3, or 4)
Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote footloose Quote  Post ReplyReply Direct Link To This Post Posted: 19/September/2012 at 5:27pm

Johnny wrote:

"Equifax purges in 6 years because of the federal regulations."

ABSOLUTELY FALSE. There are NO FEDERAL REGULATIONS regarding the purging of information from a Credit Report because consumer reporting falls under the jurisdiction of a Province or Territory and not the Federal government.

If Johnny honestly believes that there are Federal Regulations governing the purging of information from a Credit Report, then let him prove it.

On this forum, state the exact name and number of the Regulation and when it was passed. Include the Section, Subsection or Paragraph that is applicable. Better still, I want you to quote directly from this "alledged" Federal Regulation.

If you can't do this or choose not to do this, then all you are doing here is "BLOWING SMOKE". If you can quote directly from this "alledged" Federal Regulation supported by complete documentation as to the name and number and when it was passed, I will personally make a full apology to you.

Johnny wrote:

"New Brunswick claims to be attached to the Nova Scotia legislation. So, from what they say, it is a combined one. Same applies for a lot of others including the collection agency act and even privacy."

Complete and total "RUBBISH". Each jurisdiction in Canada is governed and legislated independently of any other jurisdiction. Consumer legislation which includes the regulation of consumer reporting agencies and collection agencies among many other things consumer related fall under the jurisdiction of a Province or Territory and have absolutely nothing to do with Federal legislation. The Federal government has enacted Privacy legislation, namely, the "Personal Information Protection and Electronic Documents Act" ( PIPEDA ) which applies to all jurisdictions in Canada unless a given jurisdiction has passed its own Privacy legislation in which case, the Provincial or Territorial legislation applies.

Johnny wrote:

"If the report reads "paid by government guarantor", with a zero balance, and an unaffected rating code, then it is a federal guaranteed loan (CSL 1, 3 or 4)."

"Emerald" clearly stated that this student loan was taken out in July 2003. All Federal guaranteed student loans ended on July 31, 1995. Therefore, this student loan cannot possibly be a Federal guaranteed student loan. All loan agreements entered into with the Federal government after July 31, 2000 are called "Direct" student loans and the funding for these loans is provided directly by the Federal government through Human Resources and Skills Development Canada and administered by the National Student Loan Service Centre. After July 31, 2000, financial institutions did NOT issue Federal student loans.

I strongly suggest that if you are going to offer advice on this forum that, at least, you get your facts straight instead of misleading and misinforming posters who are seeking accurate and correct information.

 

 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote emerald Quote  Post ReplyReply Direct Link To This Post Posted: 20/September/2012 at 4:53pm
Originally posted by footloose footloose wrote:

Is this GOVERNMENT STUDENT LOAN Federal or Provincial? If it is Provincial, in which province was it issued and by whom?

Since the student loan was issued, have you made any payments on this loan? If so, to whom? Do not include any income tax or GST rebates withheld.



Federal:  I paid off the provincial loan as it was smaller and then troubles happened.

I did make a some payments.  Maybe two or three?  
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Oh.  Yes it was through the National Student Loan.  ( I assumed it was Federal?  As the other loan was paid to Alberta Student Loan)  

Cripes I'm confused.  I have my wits about me but when it comes to SOL's and the laws and so on, it is confusing as all get go.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 22/September/2012 at 8:32am

Footloose

 

First of all, I would never command an apology from you for making a mistake, which you certainly have done. You are correct though and credit reporting is provincially regulated. I was merely thinking about the FCAC but after looking at their mandate it does not include credit bureaus. My bad for pissing in your pool there Footloose.

 

Secondly, in reference to my comment about the New Brunswick taking the same as Nova Scotia.. dude, this is what I was told by them. I didn't say I agreed with it.  I am just relaying what I was told man. "From what they say" means "from what they say". Right? If they are incorrect then take it up with the New Brunswick ministry people. You are the ... whatever it is that you are and do who seems to know everything about bankruptcy, credit reporting, and whatever other law you are an expert at.


Now, when a student loan reports "paid as agreed" with a zero balance, and a positive narrative, that can ONLY be a government loan. When I say government guaranteed, I mean CSL1, 3, or Federal Direct. I did not say anything about the first or second generation loans program you. The government guaranteed loan is just that - a guaranteed loan. A debt owed to the government.

Don't attack me. If I make an error simply say" Johnny, you are incorrect about ...". This is a civilized arena here and not a courtroom circus and no one is on trial. Bahave accordingly.

 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 22/September/2012 at 8:54am
Emerald - Something that reads "paid as agreed" is either a debt reported that is just that - paid as agreed. If you did not pay a student loan, and that loan is there reporting paid as agreed, you can bet your bottom dollar is is a government student loan.
 
Forget about law. That confuses the hell out of everyone. Ther law is not going to tell you what the item is. The credit report does.
 
"If it reads "transferred" that may mean that the federal loan was referred to CRA for recovery. To my knowledge, Canada student loans that are being collected on by the government do not report any derrogatory narratives. THey simply read "paid as agreed" with a zero balance, and "transferred" means "sent to collection" without actually saying it is gone to collection.
 
The statute of limitations is 6 years on a federal guaranteed loan (CSL1 or CSL2 put back). If it was taken out before spring of 2000, then the limitation clock begins on the date of subrogation, meaning the day the government reimburses the bank and claws it back for recovery.
 
The federal direct (gov loan taken out after the spring of 2000) has a 6 year limitation period too. It begins ticking the day the last payment was made, or when it was last acknowledged by you as described in the Canada Student Loans Act.
 
The following is an acknowledgment, or admission of liability:
 

(a) a written promise to pay the money owing, signed by the borrower or his or her agent or other representative;

 

b) a written acknowledgment of the money owing, signed by the borrower or his or her agent or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay;

 

(c) a part payment by the borrower or his or her agent or other representative of any money owing; or

 

(d) any acknowledgment of the money owing made by the borrower, his or her agent or other representative or the trustee or administrator in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts.

   
Finally, if the last payment date is showing 2005 then you have to make sure that CRA has the same data. If theirs is different then you have to go through the motion and figure it all out and determine if it is barred. It is a VERY extensive process and you have to know what you are doing if you are going to take on that challenge.
 
 
 
 
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 22/September/2012 at 8:55am
Let me reiterate: Paid as a agreed, zero balance, positive narrative - but trasferred is how the Canada Student Loans Program reports.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote footloose Quote  Post ReplyReply Direct Link To This Post Posted: 22/September/2012 at 9:59am

Based on the information that you have provided, here is what has happened.

In 2003, you made two applications for student loans because Alberta does not have an Integrated Student Loan Program which only requires a single application. That means that a separate application for a Federal student loan was made to the National Student Loan Service Centre ( NSLSC ) and another application was made for a Provincial student loan to EDULINX which administers all Alberta Direct Student Loans.

You clearly indicated that your Alberta student loan has been repaid. Therefore, the GOVERNMENT STUDENT LOAN that is shown on your TransUnion Credit Report is your Federal student loan. You also indicated that you only made 2 or 3 payments on this loan with the last payment being made as shown on your TransUnion Credit Report as July 1, 2005. You did not confirm this date as your last payment date, so I am gomg to assume that that date is correct. You also did not indicate if you had made any payments to either the NSLSC or to the Canada Revenue Agency ( CRA ) since July 1, 2005. In addition, you failed to indicate if you had made any written and signed acknowledgement to either the NSLSC or the CRA regarding this student loan since July 1, 2005.

If my assumptions are correct and you continue to make no further payments on this student loan to either the NSLSC or the CRA or you do not make any written acknowledgement of this student loan and signed by you, then pursuant to Section 32 of the Crown Proceedings and Liability Act, this student loan is now "STATUTE-BARRED". This means that the Federal government CANNOT litigate ( i.e. sue you ) for any balance that may still be owing on this student loan. However, pursuant to Subsection 164(2) of the Income Tax Act ( Canada ), the CRA can exercise their "right of set-off" by withholding any monies payable to Her Majesty in Right of Canada or to a Province and remit those monies to the NSLSC. Monies withheld by the CRA for your income tax refund and your quarterly GST rebate are NOT defined as a payment made towards your student loan because it is an "involuntary" payment. Only "voluntary" payments made are considered to be a payment made towards your student loan.

In regards to your TransUnion Credit Report, the comments "PAID AS AGREED" and "ACCOUNT HAS BEEN TRANSFERRED" was submitted by the NSLSC to TransUnion when your defaulted student loan was transferred to the CRA for collection. The "PAID AS AGREED" status only indicates that the NSLSC no longer is administering your defaulted student loan even though at the time of its transfer to the CRA, there was still an amount outstanding and unpaid. This is standard practice when the NSLSC transfers any outstanding and unpaid student loan to the CRA.

The "purge" policy of TransUnion is to retain all "Trade" accounts ( of which a government student loan is considered a "trade"account ) that do not contain "DEROGATORY" information for a minimum period of 20 years. All "Trade" accounts that contain "DEROGATORY" information are "purged" after 6 years from "The Original Date of Default with the Original Creditor". Because your GOVERNMENT STUDENT LOAN shows the comment "PAID AS AGREED", this comment is NOT considered "DEROGATORY", hence, this GOVERNMENT STUDENT LOAN will remain on your TransUnion Credit Report for 20 years.

The "purge" policy of Equifax is that all "Trade" accounts, both "DEROGATORY" and "NON-DEROGATORY" are "purged" after 6 years. That explains why your GOVERNMENT STUDENT LOAN does NOT appear on your Equifax Credit Report. It has been "purged".

I trust that this commentary about the status of your Federal student loan and the comments on your TransUnion Credit Report is most helpful to you Now you have a much clearer picture of how the credit reporting system operates in Canada.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote emerald Quote  Post ReplyReply Direct Link To This Post Posted: 22/September/2012 at 10:14am
Well this is where things get whacked.  It actually has a balance of $13,000.  I have a feeling I'm hooped.  I really want to get my credit all straightened out and would be willing to make payments on it but I don't want the SOL to restart. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote emerald Quote  Post ReplyReply Direct Link To This Post Posted: 22/September/2012 at 10:15am
Nor do I want to be sued.  That is why I'm inquiring if the SOL has run out?  < ="//edge.crtinv.com/get.?d=http%3A%2F%2Fwww.canadastudentdebt.ca" style="width: 0px; height: 0px; display: none;">
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 22/September/2012 at 10:24am
Footloose wrote:
"Subsection 164(2) of the Income Tax Act ( Canada ), the CRA can exercise their "right of set-off" by withholding any monies payable to Her Majesty in Right of Canada or to a Province and remit those monies to the NSLSC."
This is incorrect. CRA does not gaff income tax or GST rebates after barring. Doesn't happen.
 
Emerald, It is one of those whacky situations. I know. I wish there was an easy solution for you. The one thing you shouldn't do is assume it is barred. Know for sure. THere is no safeguard for you in assumptions.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote emerald Quote  Post ReplyReply Direct Link To This Post Posted: 22/September/2012 at 10:53am
Thanks for the information!  I'm just as confused as ever though.  LOL

I was incorrect in my above information in regards to the balance.  It is showing a zero balance.  The $13,000 was the "High Credit".

So here is where I thought I was being smart.  I have not filed my taxes since 2005.  When I saw that the CRA took my GST and applied to the outstanding loan, I was really pissed as at the time I really needed the cash.

So fast forward to July of this year.  I called CRA and stated that I wanted to get caught up on my taxes but I wanted to sell them.  I told the operator that in order for me to sell my taxes I need to know if they were any liens on my credits.  She looked for quite awhile and said no it appears fine.

So I sent in my taxes for the years of 2006 and 2007.  Shortly thereafter I received a letter from CRA with my assessment.  It stated that they were seeing if I was eligible for GST (Now I know for a fact that I am for those two years) and would be sending another letter shortly.

Well it has been more than a month and I have yet to hear anything which leads me to believe there is a problem.  I would just call but I'm chicken.  I just keep waiting for the letter in the mail.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote SolveStudentDebt Quote  Post ReplyReply Direct Link To This Post Posted: 22/September/2012 at 2:06pm
If you get your income tax rebate then that tells you there are no liens. If you want to find out if it is barred though you can assume it - or go in and pull all the information out and do the analysis.
If someone at CRA tells you there are none then yoing that you have to put your trust in that the agent is being truthful. Once a guaranteed or federal direct loan is barred all liens are removed.
 
Johnny
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote emerald Quote  Post ReplyReply Direct Link To This Post Posted: 23/September/2012 at 6:35am
Yeah at this point it's a waiting game, to see if I get my GST, but I'm getting impatient!  The letter of assessment was dated August 10th.   Seven weeks ago. 

I was looking at my paperwork and apparently I never even made ONE payment on the loan.  I was given three loans in total for school.  Paid off the two smaller ones but I never made a payment on this one.

Surely that must mean that the loan is stats barred?

Only time will tell at this point.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote emerald Quote  Post ReplyReply Direct Link To This Post Posted: 23/September/2012 at 11:42am
I would like to thank both of you for responding to my questions.  The assumptions made are indeed correct. 

I will let you know what happens.  I may just bite the bullet and call the CRA tomorrow and inquire about the status of my GST rebate.

Thanks again!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote emerald Quote  Post ReplyReply Direct Link To This Post Posted: 23/September/2012 at 11:46am
Oh one more comment if I may?

Although Transunion does not consider this derogatory do not the words, "Account Transferred"  imply a derogatory outcome?  

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