Sears Appliance Purchase Contract of no interest, no payments for a period of six months. During the six month period we made two payments (certified mail) in full of $5779.31 and on both occasions Sears said the checks were non sufficient funds. Our bank told us the checks were never presented and that both times funds were available. Frustrated, I personally walked into a Sears Store and paid with a Cashiers check. We have taken every action possible to dispute Sears claims including sending bank statements from our bank which clearly show the checks were never presented to our bank.
We believe the checks were purposely not presented to our bank so Sears could charge back a NSF fee, raise the interest rate and negate the six month no interest no payment period. They now say we owe over $1,400 in interest, NSF fees, and late charges. Citigroup (who now handles Sears Credit) has called up to 1-6 (mostly 4-6) times a day including holidays. This has been going on for almost a year even after our dispute letter, and a letter from a attorney.
This may be a new common practice with this type of promotional credit program since there is very little anyone can do and they are threaten your credit. My husband and I have excellent credit and do not want this to become a credit issue for us.Sears Account Timeline:
January 2007 Purchased Sears Refrigerator, Double Oven, and Microwave with a total cost of $5,779.31. The loan was a 6 months no interest, no payments until July 13, 2007. Feb 23, 2007 Sent a certified letter to Sears with a payment from our Compass Bank Account in the amount of $5,779.31
Mar 28, 2007 Statement reflects a Return Check Fee of $25 and a $5,779.31 Payment Reversal. April, 2007 Citigroup started calling a few times a week. We thought it was someone advertising and ignored the calls. April 10, 2007 Called Customer service. They said our check had been returned for Non Sufficient Funds.
April, 2007 My Husband checked the online Compass Bank Statement for February and March 2007 reflecting no processing of any check from Sears. I called Sears Customer Service and talked with someone who referred me to a manager. He said that the check had been returned for NSF. I told him that it was not possible and he said he had the check and the last four digits on the account were 8746. I said that maybe someone had keyed it in wrong and he said no it was NSF and that I should talk to our bank. My husband called Compass Bank and they said no check had been presented to them from Sears and that funds were available. Compass Bank sent us all records regarding this time period.
April 26, 2007 Sears Statement reflects new balance to include the original amount of $5779.31, Return Check Fee $25, $35 late fee, and $1 finance charge (25.40%) for a total of $5,840. May 29, 2007 New balance is $5,877.18 including addl. late fee $35 and finance charge (new
30.40%). June Citigroup 520-662-8998 started calling at least once a day. June 27, 2007 Sent Express Mail Compass Bank Check to Sears in the amount of $5779.31. June 27, 2007 Sent a Dispute Letter to Sears Disputes P.O. Box 69xx The Lakes, Nevada 88901-6924 Both Post Office receipts are attached. The Dispute letter included the Compass Bank statements from February-March 2007. We never received any
Correspondence back from Sears regarding the Dispute Letter.
June 28, 2007 Checking our online account Sears received our check from Compass Bank. July 21, 2007 The online Sears account showed a balance of $6,170. We called Sears and talked with Hilda who said our check was NSF (2nd time). Again we checked with our Compass Bank and they said the check had never been processed, that funds were available. Again our Compass Bank statements reflect no check from Sears. July 23, 2007 I took a cashiers check into the Sears store and made a payment of $5,779.31. July 27, 2007 Sears Statement reflects a Return Check on June 28,2007 (for the check I sent one day before) and another Return Check Fee of $25 along with credits for the
First Disputed Return Check Fees.
Aug 3, 2007 Called Sears 1-800- and talked with Christine about the account. She said she would reverse all charges including $25 NSF fees and credit the interest balance of $900+. She said that she just needed her manager to sign off on it and that we should see it cleared up within a week. Sept-Oct 2007 We had many conversations with the people who called from Citigroup and after explaining the situation they would tell us to call Customer Service, give our account number, dial 16. Most of the time they would say they would check into it or they would say it has to be paid and we would tell them that we had no intention of paying credit fees because their processing practices did not accept our checks.
Citicorp is calling five times everyday including holidays. 11-8-07 Citicorp called at 7:15pm and again told us to call customer service (We called customer service and talked with Kassie ID 1734. She said to sign and resend the dispute letter.) I explained the situation and that we had made two payments that were not processed by our Compass Bank and that I had sent a dispute letter. She discussed the matter with her manager and told to her manager said it would be no problem that the account would be credited all of the charges. She said to resend the dispute letter and gave a fax number. This evening we faxed a cover letter (attached) along with the dispute letter dated June 16, 2007.
12-5-07 Ron talked with inbound collections David. No resolution. 12-26-07 Received a letter from Citi Cards P.O. Box 451xx Jacksonville, FL 32232 stating we were two payments behind and to send a minimum of $182.96 (attached). 1-8-08 Jason from Citigroup called and said to go the same process calling Customer Service. At 4:13pm I talked with Heather in Customer Service and I explained the situation again. She connected me with her managers voice mail and I left a message to call me at our home number.
1-9-08 Collections Manager, Ms Reyes employee number BCI0413 called me at 2:03pm. She said, "you have done everything you could, it must be beyond frustrating for you." She said she would be reviewing the account with Ms Miller and would call me by the end of the week with a resolution. I never heard back from her. 2-20-08 Contacted Prepaid Legal Davis/Miles Law Firm. Citigroup called for the third time today. I told them not to call that I had contacted an attorney. They said we owed a debt and that they were not going to stop calling.
3-11-08 Pre-paid attorneys Davis/Miles sent a Demand for Verification Letter to Sears Credit Cards Dispute Department. Enclosed. 3-17-08 Sears Credit Services sent a form letter asking for authorization from primary card holder. I had asked to have my husband, Ron, authorized on the account and thought that this is what the letter was pertaining to. 4-7-08 Tatiana F., attorney with Davis/Miles called and asked me to call the Sears 800- number and explain the situation and see if it could be resolved. I asked her to stay on the line as I called. We talked with a gentleman who was not helpful.
4-10-08 I sent certified letters to six different Sears/Citigroup addresses of the following: Authorization for Sears to correspond with Davis Miles Attorneys, Authorization form from Sears, and the Demand for Verification Letter (from Davis/Miles 3/11/08). We are still receiving 4-7 calls a day for Citigroup. 4-17-08 Davis/Miles Attorneys resent the Demand for Verification Letter to the 6 Sears/Citigroup
addresses (from telephone conversations and letters). 4-21-08 Citigroup Credit Services, Inc. USA sent a one sentence letter: Enclosed please find the statement copies you requested. Statements from 2-26-07 through 4-08 were included with the exception of the 3-07 statement which was not included. What we asked for was the information regarding the two checks that were never presented to our bank.
4-21-08 Letter from Sears Credit Services stating: "Your letter indicates you are disputing the existence of and /or liability for the above -
referenced acount per the Fair Debt Collection Practices Aact (FDCPA). In accordance with the FDCPA, you have a right to request verification if a debt collector is attempting to collect on a debt; however, Citi Cards is not a debt collector as defined by the FDCPA. As such, you have no basis to request verification of the debt from us as the original creditor. Sincerely, Sears Cardmember Services
4-28-08 Sears Statement current balance (late fees, interest) is now $1,403.60. 5-5-08 Tatiana with Prepaid legal Miles/davis called and suggested we retain a lawyer. I asked her for names of other agencies I could contact. I have not checked our credit lately, but I feel worn down from the constant phone calls and since this will not seem to go away and I have spent at least 50 hours fighting this.