View Full Version : Creditor sending back payments????


puzzled
Dec 2001 I sent moratorium letters to 4 of my creditors. Of course the payment arrangements were refused but I adhered to the letter anyhow because thats all I could afford to do. I had to mail all 4 cease & desist letters and now they are sending balances to outside collectors and round 2 begins. Sears on the other hand has decided after 8 months to mail me back my checks???? I followed their criteria for payments less than minimum that is detailed on the back of their statements. My question is what is my next step? if they are refusing payment what recourse do I have to resolve this debt?
P.S. I had to turn two of the creditors in to the Fair Trade Commission for not aknowledging the cease and desist.They were GE Capitol for CareCredit and Edward T. Burke & Associates acting on behalf of the Goodyear/Radioshack folks.:(

Christine
"Dec 2001 I sent moratorium letters to 4 of my creditors."

What is a moratorium letter? Did you set up your own repayment plan?

Sears might have sold the debt, have you checked into that?

Did they include a letter with an explanation?

puzzled
This is a letter offering a plan for debt reconciliation. Usually requesting that the company suspend account activity(ie. late fees, finance charges,ect.)until a specified date which will allow the debtor opportunity to bring the account to current status. Since this account had been closed as of 1992 I felt that the remaining debt as of the last billed statement balance could be negotiated as the finally balance free from any further charges and make monthly payments as restitution. Obviously the company didn't seem to agree.
Knowing I was responsible for the debt I have tried to pay on it as best as I could following their stipulations for less than monthly minimum. The stipulation states to mark the check "conditional payment" which I had been doing and they accepted 8 such payments before they started sending my payment checks back to me in August.They said that my checks are marked "Paid in Full" and that they cannot accept them for payment without knowing the details of the agreement.
Although I would love to believe that them sending back my payments frees me from my debt ;) I know that there is probably something else legally that I should know and thats why I asked what my obligation is now. No I hadn't asked if it were sold to an outside agency:confused: I never thought to ask about that.

Christine
"Since this account had been closed as of 1992"

Is this a typo or was that account really closed in 92?

puzzled
The account was closed in 1992. That is when a previous spouse and I used the services of CCCS to clear our credit after moving back to Texas from California. I paid off all I could before I got back here and when I got here the job market was very depressed so my bills were getting behind. After we were on the program for about 3 years my then husband said to start paying Sears directly because he wasn't happy with the CCCS account handling.

Christine
Is this account still on your credit?

puzzled
Yes, even though we had it closed we have been making some kind of payment all this time of course sometimes I would miss a payment . Yet they have been recieving payments and they have been charging all the finance charges and all the late fees also. Thats why I sent them the letter. I didn't feel compelled to pay finance charges and late fees on an account that was closed to any activity on my behalf and I certainly don't want them making activity to increase the balance due in the mean time!
APR is 21% on average daily balance!:(

Christine
Based on what you've posted, I'd say that you don't need to pay anything on these old accounts.

1) Any accounts paid through the CCC are supposed to be paid in full after 3 years - that's the point of the CCC.

2) Unless they have been sending you statements every month, interest charges are illegal and they owe you twice the interest that they charged.

The account(s) have been re-aged in violation of the FCRA and should be disputed as such.

The account SHOULD have been deleted in 99, 7 years after it was closed.

puzzled
:eek: WOW! Thank you so much! They have been sending me statements though, at least Sears has. RadioShack and Goodyear both quit sending me statements back in August. The Goodyear and Sears accounts were both on the original CCCS repayment plan. The Radio Shack account I had to close last year and they were charging in access of 24% APR because I was considered a "slow pay". I really appreciate your comments and any other feedback on the followup that you can give.

Keep up the good work!

Christine
I can't believe that you went to the CCC in 92 and you apparently were paying and getting statements until recently.

Strangest thing I've ever heard! Even weirder than Katherine's nightmare:

Capital One and Amerix, fka Genus Credit Management (collectors in disguise) (http://forum.creditcourt.com/discus/messages/180/180.html)