In April, 1996 I filed bankruptcy and Sear Roebuck & Co. was one of the creditors included in this filing. Sears "forgave" a portion of my $2073.77 balance that I had with them. They let me keep all most everything that I had bought at Sears but if I wanted to keep the washer/dryer, a steam vac, and 2 tires(that were on the car at the time of filing) I HAD to sign a "reaffirmation agreement" with them to be able to keep the 4 items and then I had to finish paying for them which left a balance of $1042.77. I felt very pressured to sign this agreement because I wanted to keep these few items, so I started to make payments. They keep tacking on interest so the balance keep growing. At the time I was a single mother raising 3 children and was only making the minimum payments required. In February of 1999 I noticed in the local paper an article that caught my attention. "Sears to pay $60 million fine". Sears plead guilty to fraud for illegally pursuing debts from bankrupt credit card customers. I was included in this class action lawsuit. I continued to receive bills from them, I wrote Sears twice to let them know of my findings and told them I refused to pay anymore. They continued to send bills. Out of this class action suit I received a $7.50 coupon to use at Sears as my "settlement". Throughout the 2 - 3 years this was going on I made payments totaling over $625 which I feel should have been taken off of my initial balance which would have left $417.77. The last billing I have ever received was for a balance of $1560.88, with a minimum payment due of $300. I had quit making payments shortly after Feb.1999. They have not sent a bill since November 1999.
I then in July 2000 went to purchase a car and Sears came up on the credit report stating that I owed them and their finanacial institute money so that made my credit rating not so good. The car dealership didn't even care about the bankruptcy filing, it was the "balance " I had with Sears that messed up the report.
Here is what I would like for you to try to do. I would personally like to get my $625 back that I should never have had to pay in the first place. Bankruptcy (Chptr. 7) is an ALL or nothing type thing. Not an "we'll forgive part but if you want to keep large ticket items then you have to pay for them." type situation. Why do you think I filed in the first place, because I couldn't afford to make payments. I would also like for this "crap" to be taken off of my credit report. I find it very peculiar that they just all of a sudden stopped sending bills and there was no "threat" to send it to a credit agency or nothing. (Probebly because they knew they couldn't legally collect it.)
Please see what you can do for me. I anxiously await to hear your findings. Thank you so very much for taking the time and Good Luck.