Just a couple of questions!!

With some recent lates and 2 out of 3 cards close to maxxed, your credit may not be as good as you think. Your best bet is to start to aggressively pay down those cards that are loaded or they may try and raise your rates. Of course, payoff Fleet and put it in the sock drawer. Wait a few months and approach Fleet again about a rate reduction.

 

As to the first question. Since you closed the account , you are stuck. In general, you never want to close an account that still has a balance on it.

As to the second question.

Let me see if I have got the facts.

Your husband got a no interest, no payments loan from Sears until 01/02.

You moved 10/01.

You got bills after you moved at the new address till 02/02.

After 02/02 you say you got no more bills.

After this you say they took off one month worth of late fees. How do you know they did this if you never got another bill?

You say you paid the bill at this point. Did you get a bill to pay? Did you pay the minimum due and bring the account current?

Then it went to collections.

I am a bit lost as to where the problem started. I don't think it was from the move if you got three months worth of bills at the new address.

First, when you move you want to call all your creditors by phone and have them update your address. Then you want to call all of them and check your address to make sure they did the update correctly. It is also a good idea to go to

http://www.usps.gov/ncsc/lookups/lookup_zip+4.html

too figure out your extended zip code and give that to your creditors so you get your bills faster.

Now as to what to do now. Verify the debt. Then do a debt settlement offer.

See http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=176523#post176523 for settlement letter.

Good luck.

 

Your husband got a no interest, no payments loan from Sears until 01/02.

You moved 10/01. Changed address with Sears 11/01.

You got bills got and paid 01/02 and 02/02 bill at new address.

You did not get bills for the next two months.

You called them, got the address problem fixed, and got and paid the current bill.

OK I get it. My guess is that the collection calls are coming from a internal collection department within or associated with Sears. In other words Sears still owns the account. I would call Sears and ask to speak to a supervisor. Let them know that the collection department is calling you and also verify that you are current on you account. Ask the supervisor to make sure no lates show up on you credit reports.

This is obviously not you fault. It is theirs. If the bills went to the wrong address due to Sears' mistake, as it appears they did, you will have grounds to dispute any lates with the credit bureaus, if they show up on your credit reports.

Good luck.

 

https://www.searscard.com/Default.asp
Purple box~~~new user regiser here.

 

Dear BJewels,

From what I can gather of your explanation your dispute falls under something that is rarely talked about on this particular board, specifically the Fair Credit Billing Act, (FCBA)

Here is some info I puled for you from the FTC.GOV page


<http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm>

What types of disputes are covered?

The FCBA settlement procedures apply only to disputes about "billing errors." For example:

unauthorized charges. Federal law limits your responsibility for unauthorized charges to $50;

charges that list the wrong date or amount;

charges for goods and services you didn't accept or weren't delivered as agreed;

math errors;

failure to post payments and other credits, such as returns;

failure to send bills to your current address - provided the creditor receives your change of address, in writing, at least 20 days before the billing period ends; and

charges for which you ask for an explanation or written proof of purchase along with a claimed error or request for clarification.

Failure of the creditor to send you a bill to your CORRECT address IS a violation of the FCBA because it IS a billing error. Provided you sent them correct billing address info in writting, which of course you did .

Write back to the creditor and DEMAND an adjustment based upon the fact that THEY did NOT bill you correctly or you'll take them to court. May I refer you to;

<http://www4.law.cornell.edu/cgi-bin...e/15/1666.html#muscat_highlighter_first_match>

TITLE 15 > CHAPTER 41 > SUBCHAPTER I > Part D > Sec. 1666. - Correction of billing errors

Item (b) (6) Failure to transmit the statement required under section 1637(b) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required.


By the way, the fact that your interest rates were raised as a result of THEIR mistake is a great example of ACTUAL damages that are easy to demonstarte in court.

Keep very accurate records.

Good Luck,

 

BJewels79,

January -- received at new address and paid
February -- received at new address and paid
March -- no statement received, no payment, late fees charged
April -- no statement received, no payment, late fees charged
May -- received at new address, paid more than minimum due and before the due date.

Collection calls on 2 months of late fees or collection calls saying you are 2 months behind? Having late fees accumulated into your total doesn't make you 2 months late especially if collections person told you that credits were on the bill as you posted.

Could it be that the May payment wasn't received and credited by Sears prior to collection calls?

When you received May's statement did it include late fees?

If yes, you can not pay them (the late charges) and initiate a dispute under the Fair Credit Billing Act, you still have to pay the balance of what is due though and your post indicates you did. You have to initiate the dispute process at the address indicated within 60 days after the first billing with an error -- that should be your May statement just received, AND received at the right address.

Seems most likely to me that the processing of your payment and your account hitting collections overlapped -- when you received the collection calls did you tell them you'd just made payment per your May statement?

Seems to me they've corrected their mistake and credited you the late fees charged.

Erik is right, doesn't make sense to me that this was due to moving, the time frames aren't adding up. It doesn't matter anyway if they have already given you credit for the late fees charged for March and April -- there's nothing to dispute.

Butch says: Failure of the creditor to send you a bill to your CORRECT address IS a violation of the FCBA because it IS a billing error.

You have to give them a chance to correct their mistake. You notified them of their mistake and they corrected it. You're not going to win in court just because they made a mistake -- you've already received the adjustment -- it would be different if you hadn't.

Butch says: Provided you sent them correct billing address info in writting, which of course you did .

Of course you did, but can you prove it? Butch only posted a portion of the FTC SUMMARY of the process and even that says to mail it certifed. Since you received January and February at the new address, this shouldn't be an issue anyway, they obviously had your correct address.

Butch says: Write back to the creditor and DEMAND an adjustment based upon the fact that THEY did NOT bill you correctly or you'll take them to court.

I'd make sure you have everything documented, right now you have a lot of verbal telephone conversations, but writing and DEMANDING an adjustment isn't how it works. The FCBA has strict time frames for both the initiating and resolution of billing disputes -- read the whole Act as it was incorporated into the TILA, not just the summary.

You have to initiate a dispute within certain time frames and based on that dispute resolution has to occur within certain time frames, if not, there's additional provisions -- but you can't skip your initial burden to initiate a dispute, and it is your burden -- it has to be in writing to preserve your rights, not verbal he said-she saids.

Butch says: By the way, the fact that your interest rates were raised as a result of THEIR mistake is a great example of ACTUAL damages that are easy to demonstarte in court.

The interest rates were raised on your Fleet account, yes? it wasn't Sears. As long as they have credited you those late fees, you don't have any damages.

Butch notes: TITLE 15 > CHAPTER 41 > SUBCHAPTER I > Part D > Sec. 1666. - Correction of billing errors

Item (b) (6) Failure to transmit the statement required under section 1637(b) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required.

Yep, that's a billing error and "billing error" are the key words when initiating a dispute under the FCBA. BECAUSE of the mistake you can initiate a dispute, but having made an error doesn't give you a cause of action in itself.

Erik gave you great advice, verify your account.

Pay the balance of your statements on time and enjoy your Sears card.

BTW, the FCBA has been discussed on this board and is brought up when it's an appropriate solution. Lizardking even revised his original validation letter to include it. Depending on the situation it's not always the most effective solution, mostly if used according to its time frames, it would prevent future credit problems and reporting errors.

Sassy