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 Posted: Tue Jun 13, 2006 11:35 am Subject: What to do now? |
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I heard originally from LVNV who bought my Sears avvt in 1-06. To make a long story short,it was passed through their many different offices,with the same result. Will not accecpt payments,abusive.etc. The las one was Phillips-Cowen. I sent DV letter 3-20-06,no response,sent another one 4-30-06,still no response. My question is,I do not want a judgement,so should I send a letter with a proposed payment plan to see if they accept? I was Thinking that if I did,if they take me to court I will have something showing I have tried to make arrangements. Also,in my last letter I did inform them they broke several fdcpa reg.,threatening,abusive,calling while I was waiting for DV letter,and calling Wells Fargo and giving them my number telling them I need financial help,so I'm not sure what to do,any suggestions? Thanks ...Karen
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Bossy4455
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| Posted: Tue Jun 13, 2006 11:52 am Subject: |
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Karen - I would try to get Sears to work with me if I were you. I think I've heard others say they won't but it's worth a try. Isn't Phillips-Cowen pretty hard to work with? Good luck and let us know what happens.
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CycloneFan
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| Posted: Tue Jun 13, 2006 11:58 am Subject: |
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Thanks,Sue,but already tried that.They sold it and always refer me to the idiots! Hard to work with is an understatement!!..Karen
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Bossy4455
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| Posted: Tue Jun 13, 2006 12:02 pm Subject: |
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They called Wells Fargo and told them you need financial help? I guess I didn't read your first post very carefully, sorry. That's way out of line. I don't know anything about Phillips-Cowen but I would maybe check my credit report and see how it's reporting and who's reporting it. I'm not sure what else to tell you, sorry. 
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Ability is what you're capable of doing. Motivation determines what you do. Attitude determines how well you do it. - Lou Holtz
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CycloneFan
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| Posted: Tue Jun 13, 2006 12:03 pm Subject: |
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I will like to dispute this item with the credit bureau. Show them copies of your validation letters sent at different dates. After you have placed this item on dispute with the CRA, it is their responsibility to get the information from the companies and notify you with the results. Don't allow the disputed item stay in your file for longer period. Collection entries affect the credit scores severely. You have tried your part to get the results from the companies. Now, put it on the shoulders of the CRA and insist them to update your file with correct information. Under the FCRA laws, creditors, collection agencies and CRA cannot report inaccurate negative information after providing proof in the first place.
Know your rights under the Fair Credit Reporting Act. Here is the link with valuable information.
http://www.ftc.gov/os/statutes/031224fcra.pdf
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GunsNroses
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| Posted: Tue Jun 13, 2006 12:06 pm Subject: |
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Yes,kinda surprised me too to get a call. This guy calls and says John Doe gave me your name and number and said you need some help and we can make you a loan. I was soooo mad.So I don't know if that's the reason I haven't heard from them or what. All I want to do is pay my bills!! Now if they had worked with me,they could have been getting payments since January,instead of not accepting any payment offer!Thanks for your help  ...Karen
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Bossy4455
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| Posted: Tue Jun 13, 2006 5:00 pm Subject: |
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Did you happen to send the DV via Certified/registered mail? It's best to always deal with CA's with something certified/registered so you have some proof it was sent.
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Billyknep
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| Posted: Tue Jun 13, 2006 8:59 pm Subject: |
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| Sue wrote: | | Karen - I would try to get Sears to work with me if I were you. I think I've heard others say they won't but it's worth a try. Isn't Phillips-Cowen pretty hard to work with? Good luck and let us know what happens. |
Sears is a bitch to work with and last year they sent my account to the relentless Encore CA. These guys actually thought I had $4,200 to pay them right that second and the dumbass who called me actually called me an idiot because I couldn't come up with that amount either.
They "tried" to work with me on monthly payments but all they could do was $1100/month. That's more than double I pay on rent! Hell, that's three car payments!
So I just kept on ignoring their calls and they finally shut up and I guess sold it to another company. I've since gone to debt settlement and everything's working very well.
Just good luck with Sears and their "spawn of satan" collection agencies.
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dtownmike
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| Posted: Wed Jun 14, 2006 12:01 pm Subject: |
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Yes,I sent both DV letters certified and have the receipt.Sears,as I said won't talk to me,just the hell collectors,and they actually don't talk,but yell and hang up.I know all my rights and document every name,phone call,what was said,etc. I just wasn't sure if my next step should be a payment proposal??Thanks...Karen
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Bossy4455
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| Posted: Wed Jun 14, 2006 6:14 pm Subject: |
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I had my old Sears card bought by a company. They didn't want to negotiate with me. Even threatened me when I called in to pay thebill in full. So I just started to send them 100 a month and it's paid in full and I have my zero balance letter.
I never bothered with calling them back.
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