I've been reading posts for about 2 weeks, and I think I'm ready to send Sears a letter. This account has always been a thorn in my side since I opened it 13 years ago, before I was married. The account was closed, and the payments were reduced years ago when I was dirt poor. it went wayyyyyy past 180 days late, (2 or 3 times!) but NEVER went to collection. I wanted it to go to collection so that late charges and interest would STOP. Well, I am now married, and this account has been incorrectly listed on my husbands credit report (as authorized user) so like IDIOTS, we brought the account current about a year ago in a lame attempt to 'fix' our credit reports before we bought a house. We bought the house, but now that I know this TL should never have been on my husbands report to begin with, we are in the process of having it removed. My question is this: Is incorrectly listing someone as an Authorized User a violation of any sort? (i did search after search to find info about this, to no avail.) If it is NOT a violation, is it at least any sort of 'leverage' in writing a letter of settlement with them? I am sick of this crap, and I want to try to settle this $2200.00 account for $1500.00. I am just sick that this card originally had a 1300 limit, and now its up to 2200. I figured out that I have paid them about 2500 over the past 13 years. Does this sound reasonable? I have spoken with several people at sears's credit dept, and most of them are complete idiots, but one lady DID agree to settle for 1500, and said she would see that the TL was removed from my husbands Credit Report. Well, DUH, it's going to be removed either way. And, if i pay this settlement, I will STILL have negative info on my report. I want them to agree to remove all negatives (or even completely delete the entire TL) from MY report. Is that asking too much? Should my letter have a nice tone? or should it be like 'since you screwed up my husband's report, you owe me' tone? thanks for reading.
Posting inaccurate information in a credit file is always actionable under FCRA 623(a)(1) and (2). FIRST, have DH dispute it with CRA as "not mine". Sears will verify the account. They would verify that the earth is flat and the oceans are inhabited by sea monsters once you are out of sight of land. Dispuyt it a second time, and when Sears verifies a second time sue. Use the suit as leverage to settle.
>>FIRST, have DH dispute it with CRA as "not mine".<< Done. still waiting. >>Sears will verify the account.<< Really? crap. >>They would verify that the earth is flat and the oceans are inhabited by sea monsters once you are out of sight of land.<< LOL, CRAP! >>Dispuyt it a second time, and when Sears verifies a second time sue. Use the suit as leverage to settle.<< See, this would not be good if it ever really DID go to court tho, (which is a high risk according to most of what i've read about sears.) DH just wants to settle and be done with it all. He would be PISSED if he had to go to court....also, he hasn't been researching like i have for the last 2 weeks. btw, did you mean 'verify' or 'validate'? What i really want to know is, how unreasonable would it sound if i wrote a letter basically saying, "since you screwed up my husbands credit, he refuses to give me the money to pay on this account (i dont work) but he will settle if you agree to remove it from both our credit reports". will they laugh at me ya think? is it a waste of time to do it that way? thank you for your help!!!
Re: Re: sears agreed over phone, but... You might want to be really careful about saying something like that, because it implies that your husband has the money to pay it. If they start thinking that, then they're probably more likely to start getting nasty. HTH, Brett
Re: Re: sears agreed over phone, but... ok....i was going to say this earlier, but i thought i was getting into TOO much detail, but i should have learned by now that there is no such thing as too much detail....each situation is SO different! In my letter (which is in a very rough draft stage) i state that we are borrowing 1,000 of the 1,500 from a family member. How would that sound? Hopefully not like the BIG FAT LIE that it is...lol...
Re: Re: sears agreed over phone, but... <bump> and, does anyone know the best address for a letter like this? I found this at BBB site: SEARS CREDIT CENTRAL 6 NESHAMINY INTERPLEX TREVOSE, PA 19047 but i see this one on this board a lot: Sears, Roebuck & Co. 3333 Beverly Road Hoffman Estates, IL 60192 thanks!
Re: Re: sears agreed over phone, but... Forgive this unhelpful comment, but Sears finally realized that their motto "Sears, where else?" was truer than they thought. They came to their senses and changed it. This is the same company that for the longest time wouldn't accept MC or Visa. They STILL don't know what they want to be when they grow up. Shopping carts, anyone? OK, back to more meaningful posts.
Re: Re: sears agreed over phone, but... Ok, he has disputed it twice online with experian as 'not mine' and it has come back verified both times. during the diputes, he called sears and somehow got someone to send him a letter that basically says he has been removed from the account, and that they will stop reporting to the CRAs. It doesnt technically say that the entire TL will be deleted tho. (Sears is still on his CR.) So, today we sent disputes in writing (snail mail--CRRR) to all 3 CRAs. Since this is technically the 3rd dispute with Experian, the letter to them was a bit different than TU and EQ. (It was a bit more 'threatening'.) The sears letter to us was also sent as proof to all 3 CRAs that the TL should never have been there in the first place. My question is "now what?" Wait another 30 days? Then, if it still doesnt come off, should DH just flat out file suit against sears or at least give them a 'warning' letter? Is there a good 'warning' or 'intent to sue' letter someone could give me the link to? (i've searched already.) Thanks.
Re: Re: Re: sears agreed over phone, but... DUMMY - Sears got their warnings. Once when you explained to them that he is not responsible for your debts and twice when he disputed it with the CRA's. Just file the damned suit and collect the $1000 for the aggravation Sears has caused him. I guarantee Sears will be the last creditor to come OFF your credit file because you owe them, and they will verify the veracity of a debt to the CRA's until the 6th year, 364th day after Status Date. As a matter of corporate policy they have no qualms about making you pay, with bad credit, for as long as possible. Why are you being so kind to such scumbags? FCRA and FDCPA work two ways. Why will you let them get away with every violation they can rack up while they will hold you to the last day of their bad credit trade line?
Re: Re: Re: sears agreed over phone, but... <bump> could someone please post a link to a good 'intent to sue' letter please? I dont know why I can't find one when I do a search. thanks.
