have Sears wth a 0 balance and they are saying it is a collecton account with 120 days pay. It was that status back in 1997 but we paid it off. Sent 3 letters CRRRR. All 3 CRA validated it 2 times.But before I send an intent to sue letter can I still use the FCRA violatons?
Yes, they fall under the FCRA and the FCBA, although the FCBA seems to only apply if you dispute within 30 days of receiving an incorrect bill. Also check your state laws on consumer protection...they might have separate violations there. L
Have you tried to PFB(www.planetfeedback.com) Sears? I have an open account with them that showed 1-30day, 2-60days, and 1-90day late. I PFB'ed them, someone from there Exec. Office(in AZ) called me back saying they received my letter and would remove all lates. Here some info: Sears National Bank(Exec. Offices) 2626 South Hardy Drive Tempe, AZ 85282 The lady I spoke to: Tabitha Jennings 888-548-1458 ext. 11919 This is the letter I sent via PFB. Customize it to your situation: Sears National Bank 2626 South Hardy Drive Tempe, AZ 85282 Date Re: Account No. XXXXXXXXXXXXX To Whom It May Concern: I am writing a letter about my experience with Sears that is a mixture of a grateful "thank-you" and a pressing request concerning a Sears Charge Card trade line in my credit files that I would like to have revised. I received the Sears card in XXXX, a year before I broke my leg(NOT TRUE, NEVER BROKEN A BONE IN MY BODY and was forced to take leave of absence from my job(NOT TRUE EITHER, JUST COULDN'T PAY THEM). When this happened and while working on rehabilitating myself, I became disorganized with respect to, making timely payments with Sears. I fully recognize my responsibility with respect to payable accounts and have worked diligently to rehabilitate my relationship with Sears since that time. To be honest, that year was a "wake-up" call for me regarding fiscal organization. Since then I believe I have learned the essential organizational and financial management principles I desperately needed at that point. Thankfully, responsible credit management is now reflected in my credit records which -- excluding the Sears card late entry -- are excellent. I wish to thank you for renewing your confidence in me and for giving me a second chance at a relationship with you, one that I am determined to keep spotless. I am preparing to shop for a mortgage, and it has come to my attention that the late notations from Sears may preclude me from taking full advantage of the very lowest interest rates now available. Since those notations do not reflect my current status with Sears, I am requesting that you give me a second chance at a positive credit rating by revising those trade lines. Your customer service representative suggested that I write you for a "goodwill adjustment."(THIS IS KEY, MUST SAY "GOODWILL ADJUSTMENT") I sincerely hope that there is redemption at Sears, and I beg you for such consideration. Please let me know if any additional documentation would assist in reaching a positive outcome, and I thank you again for the time you have spent reading this letter. Very hopefully yours, good luck Tina
What violations are you talking about? Based upon what you have posted, there are no violations that I see. If it was a collection status - 120 days late in 97, it can be reported that way for 7 years.
Are you saying the history section says in 1997 it was 120 past due? b/c that's correct. Or are you saying that it is paid in full but the "current status" says it's currently an R5 or something like that... that would be inaccurate and a violation of the fcra. it's currently an R1 if it's paid in full, or an R0 if they unrate it, which also I think would violate the intent of complete and accurate credit reporting... paid it should currently report as an R1. Lizardking had a reporting issue also with Sears... if it's the second scenario I'd call and then followup with a letter that the account is being reported in error. After they receive the letter (sent cert rr) pull your reports. If Sears hasn't put the item notation "in dispute" on your file then you've got them for fcra violations anyway... you could nicely then push the issue of a cleaning of the whole credit line, history and all...
Well it appears that since I live in NY, it will fall of after 5 years. Since it is reportig as a collection account and is paid, it must come off after 5 years as per the NYFCRA. So I guess we will wait the 5 months.
I have sent two Planet Feedback letters to them, 3 CRRR letters and a few faxes for a paid charge off from 1996. I have received no response whatsoever, they always verify with CRAs and they report it as a charge off with 0 balance - settled for less (even though it was paid in full). I just wrote a letter to Tabitha Jennings Sears National Bank 2626 South Hardy Drive Tempe, AZ 85282 per javan's instructions very similar to the one posted but real (death of parent while in college and supported in part by him). I will keep you posted if I get any response. Thanks! Mark
