Sears unfair credit practices?

[ITSMYHOUSE]

I live in Illinois and I purchased a riding lawn mower in the spring of '05 at Sears($2066 with deferred billing). I told them where to deliver it and my new phone number (I had moved).I thought that the deferred billing was for six(6) months so I hadn't thought about the bill until after the new year came. Now here's the problem. A collection agency contacted me saying Sears has turned the account over to them for nonpayment(default) .I told them that I had never even received a bill or been called from Sears for this purchase. I don't argue the debt itself but never being given the opportunity to pay it off before it went into collections.They said that I've never made a payment since 2003. I did't even purchase anything from 2003 until this. I told them that I would agree to pay the FULL amount of the mower in exchange to have this removed from my credit report because I have a good credit history. I thought that we could make payments just like we would have at Sears. What I am saying is this:" Can Sears do this when I was never even given notice or a chance to pay before they sent it to collection"? The collections agency is making all sorts of threats of legal action and threats of garnishments. Can they do this even if I start sending payments? I told the collections agency that I could send $100 a month but they want it ALL NOW ($1488). I also told them that this would be more than they would get if they tried a garnishment along with the their legal expenses involved. They could care less and called my wife and I "scammers and cheaters." and gave us less than 24 hours to pay it off by taking out another loan to pay them! This has all ocurred in less than a week.Also, how can I get a copy of the original receipt showing the account # and terms( deferrment with 0% interest). The Sears account number(I defaulted on) wasn't the same as my Sears credit card. They said it is a Sears Mastercard account that might have been an "in-store account" opened in 2003. I have never received a card for this account or a statement.In 2003 I still had my old address which is where I had gotten previous bills. . Can I also report Sears to the fair credit agencies?

[justalayman]

Originally Posted by ITSMYHOUSE

I live in Illinois and I purchased a riding lawn mower in the spring of '05 at Sears($2066 with deferred billing). I told them where to deliver it and my new phone number (I had moved).I thought that the deferred billing was for six(6) months so I hadn't thought about the bill until after the new year came. Now here's the problem. A collection agency contacted me saying Sears has turned the account over to them for nonpayment(default) .I told them that I had never even received a bill or been called from Sears for this purchase. I don't argue the debt itself but never being given the opportunity to pay it off before it went into collections.They said that I've never made a payment since 2003. I did't even purchase anything from 2003 until this. I told them that I would agree to pay the FULL amount of the mower in exchange to have this removed from my credit report because I have a good credit history. I thought that we could make payments just like we would have at Sears. What I am saying is this:" Can Sears do this when I was never even given notice or a chance to pay before they sent it to collection"? The collections agency is making all sorts of threats of legal action and threats of garnishments. Can they do this even if I start sending payments? I told the collections agency that I could send $100 a month but they want it ALL NOW ($1488). I also told them that this would be more than they would get if they tried a garnishment along with the their legal expenses involved. They could care less and called my wife and I "scammers and cheaters." and gave us less than 24 hours to pay it off by taking out another loan to pay them! This has all ocurred in less than a week.Also, how can I get a copy of the original receipt showing the account # and terms( deferrment with 0% interest). The Sears account number(I defaulted on) wasn't the same as my Sears credit card. They said it is a Sears Mastercard account that might have been an "in-store account" opened in 2003. I have never received a card for this account or a statement.In 2003 I still had my old address which is where I had gotten previous bills. . Can I also report Sears to the fair credit agencies?

well let's see,,,

yes

yes

where is your copy of the reciept? ask Sear's for a copy.( the store you made your purchase at)although you didn't hire them to keep your recors for you, they may have a copy available.

and

Fair Credit Agency? Who would that be and why would anybody want to hear about your failure to pay Sear's what you owe?
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is there a claim you do not owe this debt or anything else that would show the CA is wrong? If not I would guess it is time to pay your debt. If you have a dispute, require the CA to validate the debt. If there is no dispute, it's time to pony up with the cash. Sorry

[zippysgoddess]

Yes, they can do that, sorry. Face it, you knew that you had to start paying on it sooner or later and just didn't do it. You could still have paid the amount you owed even without a current invoice from them, you just figured you would leave well enough alone and hope you could get away with a free mower.

You could have called them at anytime to straighten out the matter, but you chose to ignore it instead, so yes, they can do this. Sorry but you are out of luck!

[Ladynred]

I thought that we could make payments just like we would have at Sears. What I am saying is this:" Can Sears do this when I was never even given notice or a chance to pay before they sent it to collection"?

Yes, they can do it. Does Sears have your CURRENT address ? More than likely the bills went to your old address.

The collections agency is making all sorts of threats of legal action and threats of garnishments. Can they do this even if I start sending payments?

Making threats, abusiive language, harrassment and threats of legal action (garnishment) that they cannot legally take or intend to take are ALL violations of the Fair Debt Collection Practices Act (FDCPA).

I told the collections agency that I could send $100 a month but they want it ALL NOW ($1488).

The account went into default. Sears/Citibank has the right to accelerate the account and demand payment in full because of that default. Collection agencies ALWAYS demand it ALL NOW, they don't want to have to put up with payments that'll take a long time to pay off the debt.

I also told them that this would be more than they would get if they tried a garnishment along with the their legal expenses involved.

Not true, IF they sued and IF they won a judgment and could garnish, they could get 25% of your pay - I"m betting that's more than $100/mo.

They could care less and called my wife and I "scammers and cheaters." and gave us less than 24 hours to pay it off by taking out another loan to pay them!

The language is a violation of the FDCPA. The nonsense about taking out a loan to pay them is typcial collector BS. The 24 hour 'deadline' is bogus, it's their way of trying to scare you and creating a sense of urgency - ignore it.

Also, how can I get a copy of the original receipt showing the account # and terms( deferrment with 0% interest).

Call Sears ??? Ask for copies of ALL statements and find out WHERE they sent the bills to.

The Sears account number(I defaulted on) wasn't the same as my Sears credit card.

Then are you SURE this collector is even after the RIGHT person for this debt ?? CALL SEARS !