Debt Consolidation Care Answers
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Sears discharged my account!! now what?  

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Just found out from credit report Sears acct was discharged or ,LVNV lied, they arent collecting for sears. I put them off till monday,dont know how far to push on this or try to borrow to pay them full amount. thanks for all your input
 

asked Feb 3, 2006 03:56 PM

Anonymous
Best Answer
8
best answer

As per them, this is their debt validation letter. Now you have to place a dispute on it requesting to verify the details. Request them to place the following details in their reply. They have to get the verification done from your creditor before attempting further collections.

http://www.debtconsolidationcare.com/validation.html

Remember, you have 30 days to dispute on it. If your dispute does not reach them within this period, the debt will be considered valid and as a result, they will take a stronger position.

answered Feb 3, 2006 04:40 PM

9 Answers

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To get sure whether a collection agency is having a legitimate purpose to contact you, ask for a debt validation from them. The federal laws state that any debt collector that is hired by your original creditor must give you the details of the account in writing.

If the creditor sells the account to a collection agency, the same debt has to be validated by the CA before attempting any collections. This way, you will get sure of the actual company holding your account and your money won't go wasted.

answered Feb 3, 2006 04:02 PM

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To go hand in hand with what John has said, you have to send them a validation request. Make sure you send it certified/return receipt and also make sure you add in at the bottom, to cease all phone calls. Tell them that you want written correspondence ONLY, that you do not deal business over the phone and will only accept written correspondence only.

Bossy, you HAVE to go ahead and get this validation request in the mail to them ASAP. It will stop from from harrassing you until they can prove everything to you in writing. The 'cease' included will stop them from calling you. This should give you some time 'out' from them pressuring you plus, once you get the validation you can make sure everything is as it should be before moving forward with your payments.
hope this makes sense to you, shirley icon_biggrin.gif

answered Feb 3, 2006 04:16 PM

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I feel sooo whiny with this!But I got a letter saying they purchased this debt, to notify them if I dispute,I have 30 days to notify them. All it says is Sears and the amount owed. this isnt a debt verification letter or not

answered Feb 3, 2006 04:36 PM

Anonymous
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Just adding on to the previous reply, be sure to send your letter through certified mail with return receipt requested. This way, the dates will be printed on it and your actions taken towards paying the account will get focused. Keep copies documented in a folder for records. If they fail to reply with the requested details, you will be able to prove your defense.

answered Feb 3, 2006 04:44 PM

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Bossy, its fine, thats what the forum is here for, and its what alot of us have been through. icon_biggrin.gif
Okay-it says you have 30 days to dispute and to dispute to them, so thats what you do. You draw up a validation letter and send it to them. Them simply telling you that its 'sears' and how much is it, is not validation. You don't have to pay them anything until you get your validation back and you have 30 days to get that to them. It will take them some time to collect up the information for you, sometimes it can take up to 90 days. so relax---as I told you, draw up the validation request, put in a cease at the bottom, then make sure you send it 'certified-return receipt'. Keep a copy of this letter for yourself and when you receive the green card back, put it in a file along with the letter and hold on them---you could need them later. icon_biggrin.gif shirley

answered Feb 3, 2006 04:46 PM

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Will do the certified letter Monday morn. early. Of course they said I have till Monday afternoon to tell them im going to pay or they file action on me, so dont know what will happen with that till they get my letter. Shirley,David ,John and all have been a lifesaver. I am trying to become debt free,and this was a big kink in my plans

answered Feb 3, 2006 04:53 PM

Anonymous
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You're quite welcome Bossy!! anytime, my friend, anytime. icon_biggrin.gif shirley

answered Feb 4, 2006 09:27 AM

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Has anyone ever heard of this company? They took over for Mervyns. I had an account with them that is being handled by a DMC, they pay them every month but we can't nail them down to a monthly amount. Every time they send a letter I sign it and a month later they say they have to increas it! I just received a call from, after telling them not to call my home, place of business or cell for about the 15th time. This time I told them that they are violating my rights under the fdcpa and I intend to pursue them legally in small claims court. I went to the BBB to locate an address on them, they have a drop box in EL Paso but I believe they're HQ is in Mason, OH. Any help would be greatly appreciated. Thanks... Beth

answered Feb 4, 2006 10:45 AM

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It is not compulsory that the creditors will have to follow the fdcpa as they apply to debt collectors only. However, you must talk to your consolidation company and get the payment schedule in writing from your OC. You will be able to review the latest standing of the account.

GE CAPITAL CONSUMER COMPANY
5300 Kings Island Drive
Mason, OH 45040
(513)459-6500

answered Feb 4, 2006 11:03 AM

1 

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