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SEARS / CITI PROBLEMS


helpermom
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Hi....newbie here....

I am trying to help a family member who has a longstanding pb with Sears/Citi. Short of it is that a home a/c was installed, bunch of problems in getting it done timely, properly etc. Many calls to Sears to get pbs resolved....lots of run around, no one answers phone...etc....ended in legal dept....basically got a letter saying they didn't think there was anything wrong with what had transpired, offered to reduce 14K contract by less than $200 as a credit for humidification system that couldn't be installed due to the inappropriateness of the location Sears rep had specced out....

During all this debtor received numerous harassing phone calls, home, work, day, night.....they were asked to stop calling, on phone and in writing....Sears ended up suspending any interest charges on this during their 'investigation' (sat on complaint for 6 mos, and then answered that nothing could be done aside from the above mentioned paltry credit) rejected the complaint after sitting on it and sent to collection... Never able to reach legal dept on phone...left numerous messges, never could get name / address of anyone higher up in food chain...now resurgent is calling him demanding settlement...

Now Resurgent Capital has it for collection and is willing to settle for the amount that debtor had offered way back at the beginning of the dispute with Sears...but refuses to give a full deletion of this account....check is ready to go ...now where do we go from here? They are claiming it is impossible to get a deletion...what wording is best? I am afraid that negative impact on an otherwise SPOTLESS credit record will result unless this is properly handled....HELP!!!

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Now Resurgent Capital has it for collection and is willing to settle for the amount that debtor had offered way back at the beginning of the dispute with Sears...but refuses to give a full deletion of this account....

Does this mean that the collection account is on your relative's credit report and you want that deleted, or are you wanting a full deletion of everything -- collection and OC account?

I am afraid that negative impact on an otherwise SPOTLESS credit record will result unless this is properly handled....HELP!!!

Unfortunately, if the OC referred this account to collections, it has already damaged your relative's credit report, unless the OC is reporting this account as current or paid as agreed.

What this means is there is nothing to lose with holding firm on a pay for delete. The "check is ready to go," so send Resurgent a copy of the check attached to a letter indicating that you are ready to send payment in exchange for a promise to delete all negative collection information, and changing the OC's account to PAID AS AGREED/CURRENT in writing.

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Now Resurgent Capital has it for collection and is willing to settle for the amount that debtor had offered way back at the beginning of the dispute with Sears...but refuses to give a full deletion of this account....

Does this mean that the collection account is on your relative's credit report and you want that deleted, or are you wanting a full deletion of everything -- collection and OC account?

I believe (not certain...) that both Sears and Resurgent have placed negative info on CR..will check this...

I am afraid that negative impact on an otherwise SPOTLESS credit record will result unless this is properly handled....HELP!!!

Unfortunately, if the OC referred this account to collections, it has already damaged your relative's credit report, unless the OC is reporting this account as current or paid as agreed.

OC was TERRIBLE about trying to get this matter closed....and did send to collections...

What this means is there is nothing to lose with holding firm on a pay for delete. The "check is ready to go," so send Resurgent a copy of the check attached to a letter indicating that you are ready to send payment in exchange for a promise to delete all negative collection information, and changing the OC's account to PAID AS AGREED/CURRENT in writing.

Send the copy, but not the actual check??? Resurgeng has claimed they can't change any OC info....

Thanks for the quick response....would love to close this out and enjoy the holidays!!!

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Another thought occurred to me ....should I bother with getting them to verify this debt?

Also, what about sending the check with a note that this is full payment and that acceptance / depositing the check will constitute full settlement and that they agree to remove all negative info on CR upon acceptance of check?

Will there still be negative info on the CR after this??

Thanks

:)

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Send the copy, but not the actual check??? Resurgeng has claimed they can't change any OC info....

Yes, send just a copy of the check with your letter. State that the check will be sent when Resurgent agrees in writing to remove their collection account from all credit reports. Resurgent is right that they can't change OC info. I meant PAID AS AGREED status on the OC account listing. That will have to be taken up with the OC...

Another observation: was the dispute with Citibank done in writing within 60 days of receiving the first bill? If so, the Fair Credit Billing Act states that disputes by consumers done in this matter require a creditor response within 30 days. In addition, creditors may not attempt to collect payment for any items in dispute. The OC sitting on this for 6 months before rejecting the dispute, and the OC making calls to collect the amount before resolving the dispute violates the FCBA. In order to prove this, there has to be a paper trail proving the date the OC received the written dispute.

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It certainly wouldn't hurt. At the very least, you should verify that the CA has authority to collect on the debt, and if applicable, that the CA has a license to collect debts in your state. Your responses indicate you know the debt is yours, and you have also indicated a willingness to pay by having made a settlement offer already. a DV request at this point is just a mere formality IMO.

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