I have Sears on my CR. Well, the DOLA is 1999, and they sold the debt. There are a slew of random CA's that are trying to charge me $1000 for the $300, so obviously, I don't want to pay them. I want to pay Sears the $300 and beg and plead with them to remove the listing or at least the late pays listed on there. What is my best course of action considering I am still within SOL, but the debt has been sold? I know that Sears can update, because I already disputed with the CRAs HELP please ;-)
Hey, I am 2 of those views. When I first started lurking at this board, I had a problem with a company called: RMAPur1 JAX Rms008 that purchased my old Sears account. It started appearing on my reports after Sears had fallen off. They changed the account number everytime they appeared on my report. I disputed the account as 'not mines' and it was gone. This is the 3rd company Sears has sold this old debt to. Now that I am a creditnetter, I know better, and I know what to do if it pops back up. I wish I knew how to answer your question, but I really don't. At least it will get moved back up to the top ;-)
I don't mean to double post, but I forgot to add that my sol had been up for years, so I wasn't afraid of anything. Good luck.....
I maybe wrong (happens alot) but I believe when the debt is truly "sold" then Sears can do nothing about collecting or pulling back the debt from the CA...they no longer own it. Although I am not certain of the relationships between the OC and the CA contractually, and maybe they can "pull back" the sale for XXX reasons allowing you to still work with Sears. What has Sears said about offering them payment? Do they claim they can not take it? If so you may have to deal with the CA (when I say deal I really mean negotiate for 40% plus complete deletion ) I would say that you have a better chance of removing the item via validation with the CA than negotiating with Sears. Is the CA even reporting any listing? Have they contacted you? If so, where do they come up with the $1000? Have they sent you any breakdown of the debt/fees/interests? -Peace, Dave
Thanks for all of your answers... Here's the thing...every time a CA pops up, I validate in order to see where they get all these fees from, but instead of validating, all they do is sell the account another CA, delete their enty and then another entry pops up. I know that I can negotiate with the CA for deletion and a settled price, but what about that nasty Sears entry on my reports? Since they sold it, do they have to report it as paid? Geez, I feel like such a newbie right now. Helllllllllllllllllllllllllllllllp lol
This is the same exact situation I'm up against. Sears sold it to RMA - I disputed it and it disappeared. But the nasty sears CO is still on the report and they will not remove it. Just the other day I got another hard inquiry from RMA - so I sent off a fax to them threatening to sue unless they supply me with a permissable purpose.......and if they cant, then they will need to arrange payment to me for the violation. -Sal
Basically - it's like this: YOU NEVER GIVE THEM AN INCH - if they do anything even remotely against the law, you nail them (this keeps them on they're toes and the eventually just stay away from you and go onto easier prey) -Sal
Well, I would attack the root of the problem. Deal with Sears. Perhaps you can negotiate payment in exchange for removal. Obviously these CA's asking for insane fees are not going to validate, so you will be dealing with a new one every couple of months. If Sears won't budge then you have to look for legal remedies... Just my opinion, based soley on common sense and what I have gleaned from this board. NOT to be confused with actual experience in such matters, as I have none.
Well said!!! I agree. I had to send out a permissable use letter to NCC Business Services. They come out of the woodwork, that's for sure. Thanks for all your responses everyone. I'm still pondering if I want to deal with Sears right now. I'm too stressed dealing with everyone else. I might just leave them for last. If anyone has any final things to say before I postpone my Sears fight, please let me know
I thought that IF the very first CA you sent a validation letter did not respond or did not provide correct information than that is a violation and any CA that purchases the account is also in direct violation due to the previous CA not responding. And the final result is the OC is responsible for their actions. I read a lot on this board some sinks in some doesn't. I believe there is a string some where that mentions this and one of the veterans may have mentioned something close to the above. Hope this helps...
That's interesting...the subsequent CA's being responsible. Anyone experienced with this thought out there?
I believe that is the case. If another CA purchases the debt, and the original CA never valiated, it's continued collection activity.
What would happen if you took $300 to a SEARS store and gave them the account number and tried to pay??? Would the payment be REFUSED???
