ACS left a message on my voice mail at home
Date: Mon, 10/23/2006 - 20:25
I told them that I was very confused by all of this, as I had been communicating with Sears/Citibank, but to no avail. First, Sears told me that their computer system would not allow them to offer me any assistance with repayment. They said to call back in a couple of weeks, after my next payment cycle came around. I called about two weeks later, and I was again told that there was nothing they could do to help me. (I was calling the numbers on the two letters I had received in the mail from Citibank saying that I should call so they could help me.) This time, I was told that when I called back, I should inquire about their Match Pay program, where they will match whatever payment you make so that you are credited double your actual payment. However, I was told that I had to be prepared to make a payment when I called.
My next pay date was 10/13/06, so I put it on my calendar to call on 10/13. On 10/12, I checked my messages while driving home from work. There was a message from Citibank saying that if I didn't call them by 3pm, they would no longer be able to help me. I was shocked as they had been telling me they couldn't help me! I called, even though it was after 3, and I was told that there was nothing they could do. If I had called before 3pm, and I had made a $22 payment, yes, just $22, the process could have been stopped. I told him my story, and he suggested I call customer service and ask for a manager.
Customer service was still open, so I called. The second gentleman I spoke with was not at all helpful. He told me that there was nothing they could do to help me, and I had to call the Recovery dept. He gave me their number, and when I asked what their hours were, he said 8:30-4:30 central time. It was already past 8pm, so I called the Recovery Dept. the next day, Fri., 10/13. Well, I got a voice message that they closed at 12pm on Fridays and to leave a detailed message. I did that, and I left my contact information.
I have to admit I forgot all about it until I got the call from ACS today. When I explained everything to Mrs. Williams, she was actually very nice, but she said that she honestly didn't think there was anyone at Citibank I could complain to because "they know they are going to make money off of you."
What do I do? She allowed me the "courtesy" to call her tomorrow between 8-8:30 am to decide if I would accept the settlement, or all them to sue me. She said that they would freeze my assets until this was resolved in court!!
My cousin's husband is an attorney, and he said that they can't do that without a judge's approval. But, would the judge just allow it, without contacting me??
I really need some guidance.
ACS must follow the federal laws of validating the debt in writi
ACS must follow the federal laws of validating the debt in writing. Though the debt may be legitimate, but still, you are supposed to get something in writing from them. This will confirm about their authorization to contact you for this debt.
My experience with Citibank was very painful. Try if you can get some information about your account. If the file is not sold to outside collection agency, they are required to post your payments when you do it. In that case, you won't have to deal with this ACS.
If anything legal happens like your assets are to be evaluated, court order is a must. The CA cannot touch anything in your house without orders of the judge. For this thing to happen, a court case must be filed first and you will be asked to present your case in front of the judge. After hearing from both sides, the judge makes his decisions.
Thank you for your response. I left ACS a message last night, t
Thank you for your response. I left ACS a message last night, telling them that I was going to send them a letter, CMRRR, requesting debt validation. They didn't call me back. I did send the letter today. They never mentioned their obligation to validate the debt. But, I guess that doesn't surprise me.
Funny thing is I also got another bill in the mail from Sears/Citibank. So maybe my account hasn't been sold yet?
Thank you, again, for your response. I feel a lot better today than I did yesterday.
You must read the FDCPA now. This will help you in feeling stro
You must read the FDCPA now. This will help you in feeling stronger and better when you know of your rights while dealing with the collectors. Remember, the collectors cannot intimidate you by giving incorrect and incomplete information. If they have the file, they must prove it. They just can't ask for money without giving any proof of their authorization and collect the debt. Try to do one successful contact with Sears and get the status of your file. A lot of problems will get a solution.