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Attorney as 3rd party collector

Date: Sun, 11/19/2006 - 10:50

Submitted by anonymous
on Sun, 11/19/2006 - 10:50

Posts: 202330 Credits: [Donate]

Total Replies: 7


Hi, I was in a serios accident and could not pay my sears bill. I was always cordial to the collectors and always clearly explained my financial situation.

After several months I was able to agree on a repayment program. I paid for two months and quit receiving a bill. I called the company and treated rudely as my account was ent to collections. I stated they set up the account, determined the amount I should repay and even agreed to remove all late charges. for two more months a draw was taken while I was being contacted by acollectionagency. I sent them a letter telling them they were misguided as I was already repaying my debt per a company agreement and had not defaulted. Then it went to anothe r collection agency and they told me I shoud stop paying! I said no as I wanted to honoer my repayment agreement. Then the draws stopped.

Now LVNV has my acct and sent to an attorney 3rd party collector for them.

What course of action should I take? First, validation, second, request my file be sent back to the consumer co. Also, the amounts are wrong as lates were never removed and I have no idea how the amount is being racheted up!

Tkx My nick name is 'Crash'


Welcome to the forums since you have registered a debt counselor will contact you. Hopefully they can find out some information for you. Also maybe they can assist with a repayment plan you can afford. Best Wishes KYSIDE38


lrhall41

Submitted by KYSIDE38 on Sun, 11/19/2006 - 12:47

( Posts: 2477 | Credits: )


Did you speak to a supervisor when they agreed to remove late charges? Did you get something in writting?

Sadly and often when accounts are in the final stages with the creditor you will speak to someone who doesn't know what the heck they are talking about and agree to something they shouldn't. I would contact Sears and as a supervisor to go over the notes with you because if it isn't in the notes and you don't have any written documentation then it didn't happen. It would become you word against theirs and they are a multi-billion dollar company and you are someone who fell behind.

When an account has a past due balance for more than 90 days, even if you are paying on it, it is considered defaulted and proceeds to a charge off status where you have a limited amount of time to correct this problem.

Also Citi Bank owns the Sears card not Sears and Citi Bank is not a company that often forgives late/interest fee's and I know they will not honor something unless one of their own representatives notated it into the account that they were going to agree to it.


lrhall41

Submitted by FYI on Mon, 11/20/2006 - 05:49

( Posts: 1950 | Credits: )


Citi had to approve the plan as an agreed payment-which they came up with was setup on an automatic draw. That for sure is in their notes as it is documented $$$$$$ were withdrawn.

I tried the contact with Citi and flat out was refused several times to talk with anyone.

So, any strategies? Thx Crash


lrhall41

Submitted by on Mon, 11/20/2006 - 18:16

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When you stopped receiving statements that meant your card charged off i'm guessing, unless you moved. By law they have to inform you when any fee's are applied to your account up until the point of charge off.

Just because funds were withdrawn and there was a paper trail doesn't mean a plan was approved or even inputed correctly. I deal with this companies like this on a daily basis.

I would try sending in a letter requesting that a supervisor look into your account or see if you can get copies of the notes. I don't know if they will comply but it is worth a shot.

I know there are some bad bugs at LVNV but there are also some good ones too. Call a few times until you find someone who will speak to you like a person and go over the details that they have into the account.

I know someone who works charge off credit cards and I'll ask that person what they think about this and how, if possible, could I get the information.


lrhall41

Submitted by FYI on Tue, 11/21/2006 - 06:28

( Posts: 1950 | Credits: )