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Sears Card Charge Off/ NES collections

Date: Tue, 04/10/2007 - 12:47

Submitted by anonymous
on Tue, 04/10/2007 - 12:47

Posts: 202330 Credits: [Donate]

Total Replies: 17


Ok... over 2 years ago, we bought a washer and dryer from Sears with a 12 month no interest/no payments promo. It was due up in July of 2006 and we paid it in full by the due date. However, in January of 2006, we bought a Bose 321 system on No-Interest/No Payments for 18 months. On the August statement, it showed we had interest charges and still owed (I think off the top of my head) $200 on that washer. I called and told them, they said they'd correct it. Sept... called again, still not corrected. October.. called, 2 HOURS on the phone, said it would be adjusted to how it was applied. Mean while, we decided since it was no-interest/no payments, we were not going to pay on the Bose system until this was straightened out... We have been going around and around with them, in January we sent a dispute letter to them, which they 1. say they never received (yes we did not sent it w/receipt) and we also faxed it to them. And at this time they told us they couldn't reassign the way the payment was applied (lie... they had before). I've been disputing and disputing this with them and now they have charged the WHOLE ammount (just under $1000)off and NES is calling with their "lovely" tactics. Can they charge off something that's not deliquent or due like the Bose system?

We certainly don't mind paying what we owe on the Bose system, but don't expect to pay interest or late fees (which they've figure out at over $500 before it went to collections) on something that is not due.


Can I do that even though Sears (Citibank) charged it off? Of course I've had 2 calls today from "Unknown"... which would be NES. They're such ICEholes when they call. Makes me want to strangle whom ever is on the other end.

Does Sears have the right to Charge off the whole amount?


lrhall41

Submitted by on Tue, 04/10/2007 - 15:14

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Yeah, well it's really #$(@#%^$^( me off! The thing is, at the time when they started billing me for interest and "late charges", I KNOW if we paid anything, they'd apply it to those things, instead of the purchase, thus why we didn't pay on the Bose system. I just want to figure out what recourse we have to get this all straightened out. Of course they then lowered our limit and wouldn't you know it... we all of a sudden exceeded our card limit and vola... another penalty they want to tack on. Uh.. sorry, not happening.

Statute of Limitation in AZ on CCs is 3 years if I read correctly. I really don't feel like going to court over this with NES (or LVNV who is listed as the current creditor). What are the odds that they'd do it? The amount they list as due is $1311.87.


lrhall41

Submitted by on Tue, 04/10/2007 - 17:27

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Sears can be quite difficult, to be honest about it, most people who work for Sears really has no idea what they doing, I have had incidents of them turning a $10.79 check into a $107.90 check due to "error", they wont hesistate to put something on a credit report either when they not suppose to or it should of been taken care of years prior, basically Sears has been sued alot of times for this to my knowledge and best thing to do is get a lawyer if they continue to insist you owe the amount.


lrhall41

Submitted by on Wed, 04/11/2007 - 08:32

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Doesn't surprise me. We basically only use the card for Sears purchases that have the promotional periods on them. Might as well use their money! I had bought dinner one night on the MC so I called Sears to ask them how they figured the payments. Real nice girl got on the phone and told me that 1st the money is applied to all regular purchases (with interest), then regular purchases w/out interest, then the oldest Promo (no payments w/interest), then oldest Promo w/no payments, no interest). Makes sense to me. Then I call umteen times and they tell me that the billing dept will correct it. Still nothing... so I call back AGAIN and then am told that it's bass ackwards of what this gal told me. There's NOTHING in their legal rubbish that shows how payments are allocated, so you tell me how they figure they can put the money towards the newest thing first? And then they continued to call us up to 6 times a day. Refused to leave ANY messages. Not even a "This is Matt at XXX-XXX-XXXX, please return my call as soon as possible". They swear they're not allowed by law to leave those messages... which I know better. They can't leave any message with what it's in regards to (IE debt).


lrhall41

Submitted by on Wed, 04/11/2007 - 08:43

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Im Not sure if bill collectors can leave messages or not, use to they could or have, but as of late I havent seen a case where they have leave messages.

But its best getting a lawyer to settle the matter, I know Sears is one of those places I have had experience with that will screw your credit over in a heartbeat and make alot of errors then never correct them.


lrhall41

Submitted by on Wed, 04/11/2007 - 09:39

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Well depending on your law, some people dont know these laws in some states (dunno if your is applied or not)

You can send in small sums of money. like $10 if you wanted each month to any bill collector, as long as they keep that, theirs nothing they can do. You could try that.


lrhall41

Submitted by on Wed, 04/11/2007 - 09:53

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Ok... so we sent off a letter last week and they're STILL calling us. What now?


lrhall41

Submitted by on Wed, 04/18/2007 - 13:16

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