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Charge Off from hell


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Posted by Juniper (67.64.116.67) on February 10, 2004 at 03:24:05:

I had a Sears account, open in 1993. In 1997, my husband was laid off, and we had the credit protection plan with Sears. I called and requesteds the forms, they said they would send them, we never got them. We were not able to pay ontime for several months. After my husband found another job, we began paying again. We got into some financial trouble in 2000, and stopped paying in May of the same year. Sears charged off my acccount in August 2000. I received a letter from a collection agency on May 2001, and I disputed the validity if the debt in writing. I never heard back from this collection agency. My husband and I were trying to buy a house, and out of the blue, stinkin Sears popped up as a brand new charge off in January 2004. My husband received a call from the same collection agency (this girl was a major rude jerk) in January. I called her to tell her we disputed, she was rude even more so than before, and hung up on me. I called her supervisor, explained we disputed and never heard back from them, he said they mailed us a letter in Novembe 2001, resolving the dispute. I told the guy we disputed the balance, since we had the credit protection, and we never got the forms. He said that our account was in arrears at the time the forms were requested, and that this caused the cancellation of the protection insurance. I said not true, and if it were, why was I not told this little tidbit of info when I requested the forms initially. He said this was stated in the insurance papers-still I should have been told this when I called!!! Well, we never got the letter, but he faxed me a copy. Whatever. I asked him why they waited so long to contact us, he said we should have called him~!wth!~ Anyway, this charge off is on our credit TWICE!!! What can we do to get this fixed? I have been advised by our realtor not to pay it off right now,, it won't do any good, as it is already on our credit. Is what Seara/this collection agency doing legal? Sears has basically ruined my credit (I am aware that this was my debt in the first place, but I did my best to pay until I just couldn't anymore), I live in Texas, by the way; I know a little aboiut the harrassment laws, which this chick at the CA was doing-she said "people like us" make it hard for people like her to do her job, and she said "Let's see you try and get a loan now" (coincidentally, she called two days before we discovered this was on our credit-so needless to say, we are quite miffed about this crap and we really dont want to pay this at all, but are they going to keep putting this on our credit every 3 1/2 years so that the SOL doesn't run out?) I would really appreciate some expertise in this matter-feel free to email me...

Thanks,
Juniper :-)


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