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Hogs & Quiches & Prayers Round-up:  HELP...this is complicated and long......  |
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frannie
True Blue Farmgirl
2246 Posts
fran
bonham
texas
USA
2246 Posts |
 Posted - Jun 13 2008 : 6:52:34 PM
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but i really do need some advice and help....and probably prayers.
as some of you know when my mom died five years ago, we began to purchase items for the farm from a wish list.
well, against my better judgement, i purchased a lawn tractor from a reputable national chain store on my credit card. it was an inhouse credit card and we bought the one they recommended based on our desire to have a lawn tractor that we could add implements to.
later, we went back to purchase the implements with cash and to pay off the credit debt, at which time we discovered that they had sold us the wrong tractor, which could not pull the implements that we wanted.
they refused to make it right and said they were sorry they had made this mistake and would use our case to train their floor people so that that couldnt happen to any one else.
in the meantime, i have become disabled and no longer have a salary coming in as i did.
then they transfered our account to a national credit card and , any way, with an initial balance of 1500 dollars, 5 years later, we have paid 1900 dollars on this account and according to them we still owe........1500 dollars.
we have tried to get this account current, it seems nothing we do goes right.
this is an example of what they do.
they do not always send the bill, so i do not rely on that.
the bill is due on the 27th
this last month i called them and asked what do we owe. their response was 233.oo, will that make the bill current, yes. so i paid 233.00
2 days later they call me and tell me the account is overdue 192.00
we review my payments and yes , they see that i called in and they just made a mistake, and yes i will be getting a late fee even though it was their mistake. their solution is that we pay 1500 close the account , i am willing to do that, my husband can get a signature loan at the credit union.
but my husband is angry and doesnt want to spend 3400 for a lawn tractor that is the wrong one.
i say lets do it and count this as a very expensive mistake and get out from under these guys.
okay, i have bared my financial soul to you guys, does anyone have a solution to this.
at any rate, even if we do settle with them and pay the debt, i really want to participate in some way with some kind of consumer advocacy group that will help change the way these very "reputable" folks do business.
also , thanks for listening, any advice, and some prayers for a solution to this problem, these guys call 5 times a day, day or night, and when you try to talk to them, they mostly laugh or scold you.
this has been what occupied my friday the 13th and i know that tomorrow i am gonna just get back on track and start again, but today was a very discouraging day.
love
frannie in texas
(http://farmfolks-frannie.blogspot.com/)
(http://abunnystale.blogspot.com/) |
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melanie47601
True Blue Farmgirl
1949 Posts
Melanie
Boonville
IN
USA
1949 Posts |
Posted - Jun 13 2008 : 7:40:17 PM
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Frannie,
I wish I knew what to tell you. Finances are a mystery to me. I'm 29 and just got my very first loan on a car earlier this spring. I'm afraid I won't be much help.
I think I would be tempted to just pay what they say you own to close it out, but there's something that just seems really crooked about these guys to me. Have you tried seeking legal advice from legal aide? Someone should investigate this company and their "business practices."
You are in my prayers. Lots of hugs to you, Frannie.
Melanie
"The best and most beautiful things in the world cannot be seen or even touched. They must be felt within the heart." Helen Keller
http://wheelsarealwaysturning.blogspot.com/ |
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frannie
True Blue Farmgirl
2246 Posts
fran
bonham
texas
USA
2246 Posts |
Posted - Jun 13 2008 : 9:25:57 PM
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melanie, thanks for responding.
we have spoken about legal aide, and filing a formal complaint with the state attorney generals office.
this is a well known credit card company, the problem is that i bought this on an inhouse store credit card and at a particular rate, which we could manage and then they sold it over to a credit card that is also well known, but the increased the interest rate to 31%.
in my research i have discovered that several of the well known credit card companies, including this one, has been recently investigated by the senate, and all that has happened to us has also happened to other folks.
i really knew better than buying this on a credit card, i just didnt listen to myself and
when we purchased it was as i said on an inhouse card, at rates that we can afford.
i am gonna think about it this weekend, and make a decision monday.
that is why i thought i would ask advice here before we decide to give them the 1500. on monday.
we have already made the arrangements with our credit union and the loan can be paid off and then we will have a 3 year fixed rate with payments we can afford that are automatically taken out of my dh's paycheck.
it is just the thought that we are paying 3400 for a 1000 lawnmower that is the wrong one.
and honestly we were dealing with a national company that has been around for a long time, and they turned this account over to a credit card and all the rules changed.
when i read the sentate investigating reports, i was shocked at all the folks who have been treated this way.
i did not know for example, that a credit card can increase your rates, even if you are paying your bills on time to them, but if your credit report is low for any reason, they can increase the rate.
i just hope i live long enough to see a return to fair consumer practices and the end of greed in corporate america.
as i said before, this is not an account that we havent paid on, we have already paid 1900 dollars for this lawnmower, and now if we pay the 1500.oo we will be paying 3400.
ugh, i am so mad!
love
frannie in texas
(http://farmfolks-frannie.blogspot.com/)
(http://abunnystale.blogspot.com/) |
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DaisyFarm
True Blue Farmgirl
1646 Posts
Diane
Victoria
BC
Canada
1646 Posts |
Posted - Jun 13 2008 : 10:27:39 PM
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I would imagine the laws are different where you are Frannie than here in Canada, but here what they are doing would be considered illegal on at least two counts. Firstly, 5 calls per day would be considered harassment. Secondly, your "contract" with your original loan - be it a credit card or other - is binding whether they sell the company or not. You are still entitled to pay the interest rate you signed on with.
Personally, I would seek a legal opinion before giving these guys another dime. Don't let them harass you into paying more than you may have to and my guess is that's what they are counting on. Make sure you keep every single receipt, too.
Best of luck to you, I really detest this kind of treatment. Bunch of jerks!
Di
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La Patite Ferme
True Blue Farmgirl
623 Posts
Jenn
CA
USA
623 Posts |
Posted - Jun 13 2008 : 11:50:24 PM
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Frannie,
This kind of thing is so frustrating to deal with.
More than the CC company issue the first problem is they sold you the wrong thing. You may have already done this, but I will mention it anyway. When you say national chain someplace like Home Depot or Sears comes to mind so I will go off that premise. If you're not getting satisfaction from even the store manager I would call the corporate office, customer service dept, relay what has happened and the perdiciment it has put you in and demand that the item be returned for a full refund. No one should have to pay for the companies mistake.
Secondly, I would call the CC company relay the situation and see if you can put the charge in dispute - because it was the wrong item. If they can, this will force the place you bought it from to deal with the situation THEY caused. If the CC company wont put it in dispute ask if they would be willing to reduce the card rate back to what it was when you got the card. If that doesn't work and you have good credit try to get a 0% interest card and transfer the balance. This will give you some breathing room because you're not paying interest. Just make sure you pay it off by the end of the 0% offer or get it transfered to another 0% card.
I know a lot of people don't like the 0% cards, but they have been my salvation at times for major expenses that I couldn't pay cash for. Like when my main sewer line had to be replaced.
As for CC disputes, I've gotten really good at this. I see more and more businesses trying to take advantage and even getting nasty with customers. I just don't put up with it. Several years ago DD had a show up north and I booked the hotel. They told me they were just a few minutes from the fairgrounds. When we got there and I called for directions I found out they were 50 miles away. The hotel manager told me they would charge me for that night anyway because I had to cancel within 48 hours. I tried to reason with him, telling him his people told me the hotel was only a few minutes away (which was a lie). He said too bad they were charging me anyway. I told him go ahead, hung up called my CC company told they what had happened and put the charge in disute. This does a couple of good things for you - you don't have to make a payment on that charge until the dispute is settled and you're not charged interest on that charge. In the end I didn't pay the hotel charge.
Have you tried speaking to a supervisor at the card company? There's no excuse for not receiving a statement and then being charged a late fee. That may even be illegal. I'm sure there's some kind of consumer credit group that could answer some of your questions.
I totally feel for you because I hate being taken advantage of. These days I just get real B@tchy about it.
Good luck and hang in there. |
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frannie
True Blue Farmgirl
2246 Posts
fran
bonham
texas
USA
2246 Posts |
Posted - Jun 14 2008 : 08:53:08 AM
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jenn, and diane thanks for the info and responding to my venting.
first, we did contact the corporate office for sears, when we realized that we couldnt buy implements for the lawn tractor we were sold. that is when they told us, sorry for yall and we will use your example as a training lesson.
then they sold/transfered? the account to a sears/mastercard account and that is when it really started getting out of hand.
i am not familiar with consumer credit groups. my thought was to contact a consumer protection lawyer and our attorney generals office which is supposed to protect consumers.
i will try find out more, but in the meantime , any advice info anyone can give me would be appreciated.
thanks, yall are the best.
love
frannie in texas
(http://farmfolks-frannie.blogspot.com/)
(http://abunnystale.blogspot.com/) |
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katie-ell
True Blue Farmgirl
1818 Posts
Katie
Illinois
1818 Posts |
Posted - Jun 14 2008 : 10:40:59 AM
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First I would go back to Sears and tell them that this is just unacceptable. How much time passed between your initial purchase and your going back for the implements? Had you been using the tractor? It seems that if they made the mistake on the kind of tractor purchased, they could take back the original as a 'trade-in' and you could get what you want. The 'sorry for you, but we'll do better for the next person' does not cut it in my book. I'd go another level up. And then another level. Don't take 'sorry, but' for an answer!
Have you documented the steps you've taken so far? Get it all down on paper now, if you haven't already done so, with dates and correspondence or conversations. That will help you make your case.
It's ridiculous to have a credit card payment without monthly statements!! That, too, is unacceptable. Like Jenn said, it's probably illegal. You do need to contact your state's attorney general on this. And maybe there's a newspaper or tv station with a consumer-helper feature that you could get in touch with. Sometimes a call from a TV station or other media outlet will shape these companies up.
Contact the credit card company and ask for a lower rate. If they don't give it to you, tell them you'll take your business elsewhere. They want you to have your card, I'm sure. And most cc cos will lower a rate just on your request.
Good luck to you!
If all else fails, could you resell the tractor yourselves and get some money out of it to pay off the debt?
www.youaretoocreative.blogspot.com |
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CabinCreek-Kentucky
True Blue Farmgirl
8529 Posts
Frannie
Green County
Kentucky
USA
8529 Posts |
Posted - Jun 14 2008 : 12:56:02 PM
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frannie .. i don't have any grande solutions .. but have you contacted the Better Business Bureau ... or even your state's attorney genral or someone in power to make sure they are running a legitimate business? it doesn't make sense if you are paying that you still owe more more more! do you have a local friend who might be an attorney that who knows your local laws who might be willing to 'barter' something for his/her services to check into this?
i so hope this works out for you in a positive way ... i can indeed send prayers heavenward for a favorable and fair solution .. and will surely do so. hugs, kentucky frannie
True Friends * Frannie
adopt a 'rag-chile'
http://sistermercysfoundlinhome.blogspot.com
treasures .. new and olde .. http://mudpiemanormercantile.blogspot.com
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KYgurlsrbest
True Blue Farmgirl
4853 Posts
Jonni
Elsmere
Kentucky
USA
4853 Posts |
Posted - Jun 15 2008 : 1:40:54 PM
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Frannie, I'm really sorry you're dealing with this...unfortunately Sears cards are now being serviced by 'EVIL MONEY HOUNDS" Citi and their affiliates. My mother bought a washer and dryer on their one year same as cash, never got a bill (a year later) and called and called, and, turns out--the account was in collection--with an ESTATE RECOVERY company, suing my father (who's been dead for 15 years)....Even with attorneys on it (because I work for them) we never did get it worked out, and she ended up paying the estate recovery company. The people at Citi wouldn't even speak to her because it "was an estate"....even though she'd purchase 10 other things the very same way long after my father passed.
As far as collection, they can call from 8:00 am till 9:30 p.m, 200 times a day if they feel like. If you advise them via telephone that they are no longer to contact you via phone, but by post only, they have to do so. If they do NOT, only then are they in violation of the fair debt collection act.
Is there any legal aid in your area? A place where you can go to have an attorney represent your interests? You should demand consecutive statements and that you will be willing to pay only when you receive them. You can't just "guestimate" a date and amount. That's unlawful. Start though, by telling them that they are no longer to call you at home--only contact in writing. "You are on notice" is the way to begin that....
Sears basically sold their soul to the devil when they sold out the credit company to Citi. Unfortunately, I don't see it getting any better.
Farmgirl Sister #80, thanks to a very special farmgirl from the Bluegrass..."She was built like a watch, a study in balance ... with a neck and head so refined, like a drawing by DaVinci"...
NY Newsday sportswriter Bill Nack describing filly, Ruffian.
http://www.buyhandmade.org/ |
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Tina Michelle
True Blue Farmgirl
6948 Posts
Tina
sunshine state
FL
USA
6948 Posts |
Posted - Jun 15 2008 : 6:00:54 PM
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They are within their rights to contact you as necessary to protect their interest. If you feel the calls are harrassment, I would suggest you send a cease & desist letter to them (certified, return receipt requested) asking them to stop calling you, as long as you are paying your minimum each month by the due date.
since it was turned over to a 31 percent interest rate card..that no doubt has made all of the payments seems as of no effect in getting the account total down and therefore over the 5 yr. period the total still is the same.
You haven't technically been paying on the balance..only on the interest.And at 31 percent that's extremely high/unreasonable interest..but they can do it..and do it they do to folks.Argggh..pure aggravation.
I'd suggest contacting the credit card company, asking to speak directly to a supervisor in charge..when you call say that you wish to speak directly to a supervisor and will wait until you are connected with one..do not speak to the person answering the phone as alot of times they merely are computer workers and trained to simply "sell you on the card and its "supposed benefits"...you need to go directly to the "top" to get the results and direct answers you need to close out the account. and have them mail you a statement saying exactly what the exact payoff on that bill is..then pay it off..and then re contact them saying that you want a letter in writing stating that the card has been fully paid off.And want the account totally closed out and you do not wish to receive any mail in regards to a Sears card/opening a Sears card in the future.Write down the time/date/name of who you speak with at all times.
Yes you'll wind up paying double for the tractor, but since it has been 5 yrs..and the tractor was in your possesion and most likely used a few times between now and then..it no longer is valid to be returned unless it is still under manufacturers warranty.
And then can only be returned to the manufacturer for defects...not to the store for a refund.
Refund policies at the store level usually are only in effect for up to 30 days after a purchase from a store.
The fact that you did not receive monthly statements..still does not leave you exempt unfortunately... when one applies for a credit card it is their responsibility to make sure that statements are received and paid on time.
Of course that can be pure aggravation, and sometimes they definitely flub up on sending out the statements in a timely manner...but as the consumer you have to protect and look out for your own interests.
Yes it does look like they took advantage and took you to the cleaners..but those cards...I absolutely will never, ever fill out for one..ever. Most if not all of them have a 21 percent interest rate and gosh that is outrageous. If you are late ever..it socks it to you.
For this very reason we do not have credit cards, except for one that has an interest rate of like 7 percent.
And that is only used for exteme emergency and paid off as soon as possible.
We cut up all of our cards recently and totally paid them off.
I am so sorry you are going through all of this. I wish for you the very best in getting out from under this aggravation and hassle.
So very sorry.
Hugs to you.
~Seize the Day! Live, Love, Laugh~
visit me at:
http://gardengoose.blogspot.com/
and at www.stliving.net
you can also check out my etsy shops at:http://GardenGooseGifts.etsy.com |
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frannie
True Blue Farmgirl
2246 Posts
fran
bonham
texas
USA
2246 Posts |
Posted - Jun 15 2008 : 10:08:19 PM
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thanks to everyone for taking the time to reach my gritch and just letting me vent and for the very useful info. we are going to file a claim with the state attorney general's office and just pay it off and be done.
we also dont have any credit cards just a debit card tied into our federal credit union that is affiliated with the job my dh has.
i had a bout with cancer 15 years ago and lived on credit while i was recovering and it took a long time to pay off and i cancelled all the cards at that time.
that was why i was so angry when this purchase on a sears, in house credit, like you were talking about jonni, was turned over to a sears/mastercard account.
after i did some research on this and watched some recordings of the senate investigating committees i realized that lending in the us has really become predatory, and that many business have succombed to the greed monster, and i guess thats what we did when we bought the lawnmower. we knew we were inheriting some money from my mom when the house and property sold, and we were anxious to get a start on our crops in our garden. so i guess we learned a valueable lesson there too as well.
anyway, thanks again for helping, i feel better, poorer, but better.
love and hugs to all!
love
frannie in texas
(http://farmfolks-frannie.blogspot.com/)
(http://abunnystale.blogspot.com/) |
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Ronna
True Blue Farmgirl
1891 Posts
Ronna
Fernley
NV
USA
1891 Posts |
Posted - Jun 16 2008 : 9:35:57 PM
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Frannie...do you have a local TV station that investigates problems like this?? Try to get them involved...companies do not like the negative publicity when a TV station or local newspaper gets the story and tries to get answers. Even if you have already taken the loan and paid them off, see if maybe someone can make the policies known. What happened to Sears motto of "Satisfaction Guaranteed"?
No one needs this type or aggravation; I do hope when it's over and done you can get some degree of satisfaction.
Ronna |
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Rosemary
True Blue Farmgirl
1825 Posts
Virginia
USA
1825 Posts |
Posted - Jun 16 2008 : 10:14:27 PM
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Frannie, paying off the Sears account with the credit union loan was a good decision. The interest will be much lower, so that over the life of the debt, you'll ultimately spend less. I doubt there's much you can do to get Sears to make good on this bum deal at this late stage, but if you think the aggravation factor won't compromise your health, I'd say give it a try. Caveat emptor (let the buyer beware) is the unstated philosophy of many dealers, but you had a reasonable expectation of being correctly advised by the Sears sales staff when you bought that equipment.
You might want to get Suze Orman's book, Women and Money, at the library. I find her abrasive on her TV shows, but I have to admit this book is loaded with great info. She has a large section on credit card debt, the tricks some creditors use (like sending bills out late so you'll always have to pay that extra fee), and a review of your rights as a consumer in dealing with creditors. There might be something in there that you can use. Also, if you have the book (even a library version), there's a code in it that lets you access other helpful info on her Web site.
The Attorney General for Texas will probably have consumer affairs staff, or at least a publication, that can help you understand your rights and how to exercise them. Go to the State government Web site and poke around.
I sure do wish you well, Frannie. For me to say "been there, done that" would be an understatement. |
Edited by - Rosemary on Jun 16 2008 10:37:02 PM |
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frannie
True Blue Farmgirl
2246 Posts
fran
bonham
texas
USA
2246 Posts |
Posted - Jun 17 2008 : 02:14:28 AM
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thanks rosemary, and to everyone who took the time to answer advise and comiserate.
i think the worst thing about this whole situation is that i did know better and i broke one of my own rules. if you cant afford it now, just wait til ya can.
anyway, lesson learned and a very inflated lesson at that.
what i also got out of this is that working on this problem as a cause might just be something i am interested in doing.
while the practices of these credit cards and big businesses may be legal, i for one do not believe they are fair or moral and i would love to figure out a way to work and change some of these laws that allow them to function as they do....or i may just get off my high horse and get back to my crafting, spinning and farmin.
time will tell.
at any rate abig farmgirl thanks to all who helped me rant and educated me in the process.
love
frannie in texas
(http://farmfolks-frannie.blogspot.com/)
(http://abunnystale.blogspot.com/) |
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Jana
True Blue Farmgirl
482 Posts
Jana
Eau Claire
Wisconsin
USA
482 Posts |
Posted - Jun 20 2008 : 11:57:16 PM
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Frannie,
Actually if you are being called and asked for money, simply tell them NO, you are not paying until they make the purchase right. Tell them not to call back unless they have the right mower for you and hang up. This will put an end to the phone calls. Let the debt go to collections if necessary. When collections call, tell them NO you are not going to pay and tell them not to call back. That will put an end to that. DON'T go to the BBB, its a sham. Businesses pay a yearly membership fee to belong and the most you can hope to get out of that situation is more paperwork hassle and people calling you.
Contact your state attorney general's office and file a complaint. Also file a complaint with the Consumer Protection Agency. I think you can do it online.
We went thru hell for a $40 medical bill that we never received and didnt know we were supposed to receive (it was a copay). When collections called I threatened them with a lawyer and I never heard back.
These people are paid to be jerks. Don't let them intimidate you.
Jana |
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Rosemary
True Blue Farmgirl
1825 Posts
Virginia
USA
1825 Posts |
Posted - Jun 28 2008 : 5:57:36 PM
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| Jana, I think it's unwise to allow something like this to follow a company-controlled process leading to collections, refusing to pay, etc. That will have a devastating impact on the consumer's credit rating. There are rules to go by that can get the calls to stop without having that negative impact. They differ from state to state. Contacting the office of your state attorney general is a good first step. |
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Hogs & Quiches & Prayers Round-up: HELP...this is complicated and long...... |
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HELP...this is complicated and long......
