Stop the Abuse

Sears. Well I got behind because of being out of work. I called and
wanted to settle. They said I am not eligable to settle. They raised
the interest rates of 30% percent. They claim I have not recourse
except to continue to pay they high late fees and interest rates. I
said I am turning my account over to a lawyer which I did as soon as I
was off the phone. Their collection ageny call 12 times a day. They
continue to say I cannot settle. I never dealt with someone like them.
I have a business degree and I have always been able to settle with
companies we the need arises and never had a company say that I am not
cligable for a settlement. When someone is down most companies will
take what they can get.

I feel your pain. Unfortunately, what they are doing is NOT illegal
(though it seems like it should border on it). Hang in there!

I had one years ago, and when I was divorced from my first husband
back in 2001, I had to file bankruptcy due to financial difficulty.
Well, Sears started calling me AFTER the bankruptcy and asking for
certain items back that had been purchased on the card! They wanted
back things like a tool set, a watch I'd bought a whole year prior to
the divorce, and even a cookware set! Any item over $50, they wanted
a detailed list of its whereabouts, and wanted it returned. Even the
items I did have, I had to say I gave away as gifts to people. After
all, I may have racked up some money on my credit card, HOWEVER, I had
like a $5000 limit, and at the time of the bankruptcy, that was one of
my lowest-balance-owing cards (I only had about $800 left to pay on
it). I also found that the Sears credit card people were
extraordinarily rude and didn't care about circumstance at all.

But then again, I guess that's their job - I've never encountered a
"nice" collection agency.

Tell them you are recording the conversation. They will tell you they
do not agree to being recorded. Tell them neither do you. The
conversations will be brief.

The example you used as evidence of abuse is NOT abuse. Its not the
most polite thing but it is certainly not abusive. And if you do not
want to deal with these people over the phone, then send them a nice
letter requesting that they NOT call you and that any and all future
contact be via mail only. Since you acknowledge you owe these people
money, why not try to work out a payment arrangement with them before
they charge off your debt and it goes to a collection agency. You
think Sears is being rude, you don't know what you are in for when
some bottom-feeder collection agency gets ahold of your account!

A while back I had a very similar problem. I solved the getting
called part by doing two different things. I used my call forward
feature and forwarded my calls to an ISP, when I was not home. I also
had my phone line hooked up to a fax machine when I was home, and used
my caller ID to determine if it was someone I knew, or if it was scum.
After about a month, I left my regular phone on, no forward and no
fax, and I haven't received another debt collection (scum) call since.

If you already had debt with Sears when your husband lost his job,
then I feel a little bad for you. If you continued to charge things
on your Sears card AFTER he went out of work, then shame on you.

My parents grew up poor and my mom stayed home to raise two kids while
my dad worked manual labor. They didn't have money for pop, candy,
etc. My mom cooked everything from scratch (man, she sucked at
cooking back then, too! Those casseroles were nasty!) and we didn't
have a lot of "stuff."

Show me 10 people who file for bankruptcy and I'll show you 5-7 people
who foolishly racked up consumer debt with no planning for the
future.

Fully 35% of adult Americans have LITERALLY NOT ONE PENNY saved for
retirement, no 401(k) contributions, nothing. Wake up, people!

"top the phone calls because I'm sure there are others like me and
this could amount to a class action suit."

So you're going to gather a bunch of other delinquent borrowers and
you're all going to sue Sears for them trying to get you to pay them
back? Yeah, best of luck with that. I'm sure it'll work out exactly
the way you envision.

No, it is not illegal, they are allowed to try to collect money owed
to them. If you think they are bad, wait until this goes to a third
party collection agency. They can make Sears pale in comparison with
their attempts to collect the debt.

You need to try to work something out with them, even if it's paying
them a small amount every month.

Unfortunately, unless you take out some sort of credit insurance that
helps out if you become disabled, an injury or illness is not a reason
to not pay your debts.

There is a really simple phrase that puts and end to that....

"I do not wish to be contacted by phone regarding this debt."

My only other suggestions are a new phone number, or caller ID.

I suggest you do an internet search on fair debt collection practices
- as long as they are not calling before or after a certain hour,
threatening to do things they can't do, like have you fired from your
job or have you arrested, you are pretty much at their mercy.

I've been there, believe me, and I know that sometimes you just have
to pay the 'important' bills and let the other ones go to the wayside,
but the bottom line is, this company gave you merchandise expecting
you to pay for it, and as soon as you are financially stable again,
even if you send them $10 a month, you are showing a good faith effort
to repay.

It's not "abuse" to try to collect an outstanding debt, indeed they
have both a right and a legal responsibility to do so.

If the calls bother you, offer to pay off a little at a time. It
shows the company some good faith on your part, and it stops the mean
ol' creditors from calling.

Oh, one other thing.

You can't pay your bills, but think you can hire an attorney?

Yeah, good luck with that one!

No speaka da Engleesh?

It is unfortunate when a situation like your occurs. However, you did
incur the debt, so you really have no right to complain about the
phone calls. Hang up if it bugs you that much.

I don't know how many times I received phone calls from creditors when
I was living in Ft. Lauderdale. Apparently it was common practice
down there to give bogus telephone numbers out when opening up credit
cards etc.

I told one particular man that "I've already received several phone
calls from your company. I don't know any person by that name.
(whoever it was they were trying to reach) You've got the wrong
number." His response was to shout, "I've never called you, but I
will call you over and over and over until you pay. You know you know
this person, and even if you don't we're just going to keep calling
you until someone pays!"

Since then I've had very little sympathy for those that receive
collection calls when they are warranted.

Why is everyone so quick to scream "lawsuit" these days? It makes me
sick.

What Sears is doing is not illegal - - they are simply trying to
collect a debt. And I also doubt there is class action suit
possibility in this situation as again - - you owe them money and they
want it.

I would suggest, as LadyMac did, that you calmly attempt to work out a
re-payment plan with them - - no threats or accusations - - be nice -
- just explain your situation - - that you're doing the best you can
but unfortunately at this time are unable to make full payments or
catch up on past-due payments, and want to show good faith.

It's not illegal.

What you need to do is send them a letter (it must be in writing!),
preferably certified mail, return receipt requested, requesting that
they cease telephonic communications. It may or may not work, because
most of your protections would be under the Fair Debt Collection
Practices Act, but that only applies to a third party attempting to
collect the debt on behalf of another.

Perhaps if you could work out some kind of payment plan with them, the
phone calls would stop.

Unfortunately for you, Sears is one of the most aggressive companies
out there when it comes to collecting debt.