Question:
A couple of years ago Sears charged me for something I don't recognize
and they were sending the statements to my old address.
Almost one year later I stop by the old address and see the statements
piled up and it had grown from $45.50 (which was the original charge)
into $280!. Sears had charged interests, fees, etc. Moreover, the
account was sold to this collection agency I'm dealing with!
Well, after calling here and there could not do anything with SEARS so
had to deal with the agency. I sent a dispute letter with legalized
signatures, copies of IDs, previous Sears balances which are zero,
etc.
After 5 months I called the collection agency and talked to a
representative who tells me that because it was originally such a
small amount, they don't think it is an identity theft. They also
said they can't get itemized amounts which contradicts to what I heard
before as they told me that once something goes into investigation,
they go all the way back to sears and check if those are my
signatures.
At the end the representative said that she will meet with the manager
and decide what to do.
My question is: what should I do? what would u do? what are my rights
in this situation?
Answer:
Q: Well, after calling here and there could not do anything with SEARS so
had to deal with the agency. I sent a dispute letter with legalized
signatures, copies of IDs, previous Sears balances which are zero,
etc.
A: Sent the letter to who? The collection agency? This was a waste of paper and
a stamp.
Q: After 5 months I called the collection agency and talked to a
representative who tells me that because it was originally such a
small amount, they don't think it is an identity theft. They also
said they can't get itemized amounts which contradicts to what I heard
before as they told me that once something goes into investigation,
they go all the way back to sears and check if those are my
signatures.
At the end the representative said that she will meet with the manager
and decide what to do.
A: I can tell you right now... they will do _nothing_! A collection agency will
certainlly _not_ throw away a chance to make money. This is how their owners
make money. What incentive do they have to do the right thing? Absolutly
none! They don't care if the debt is legit or not.
Q: My question is: what should I do? what would u do? what are my rights
in this situation?
A: You need to read up on your rights. There are probably several thousand
websites that will give you the information you need. First, you need to
dispute the charges with the credit agency that lists this as a debit. It's
then _Sears's_ problem to prove the debt is correct. If they cannot, the
debit will be removed from your credit history.
But also, I'm guessing that someone who does not get a statement on a card
for a year, stops by an old address and, for some reason, finds a stack of
mail (it had been sitting there for a year?) might not recall using the card
several years prior to buy something for $40.
