Help me, Democratic Underground, you're my only hope.

[catrose]

I'm needing credit advice. The laws have changed so much that I don't know what legal recourse I have any more (none, I suspect).

STORY
Last year we bought a lawn tractor at Sears. Thirty years ago I had a Sears card under in my former married name. The salesman assured me that the account was still good, and he took all the relevant information to update it.

The tractor threw a spark the first time my husband used it and burned up our land (and the materials we were using to build a house) and the surrounding land, 30 acres in all.

Although the tractor was not covered under our insurance, the construction materials were. The insurance company paid for them and then sued Sears. The attorney assured me that he would include debt forgiveness in the suit.

OUTCOME
He didn't. The insurance company collected 50 cents on the dollar. Meanwhile, Sears never, ever sent me any statements. When I realized what had happened with the lawsuit, I went back to the store and asked if I could return the burnt heap of a tractor. Nope.

I called Sears Financial and spent 30 minutes on the phone with their fraud division to prove who I was. (The salesman never turned anything in.) I asked for relief from at least the interest, because I'd never received any mail from Sears about the debt. Nope, they said, it's all my fault for not having called before. After all the updates, they promised to send me a statement and didn't. I just called them again to get an account number and payment address. Nope. I have to drive to a Sears store and show them my ID and pay there.

QUESTION
And the bottom line is that I really don't want to pay $3000 for a product I've never been able to use that exists only a pile of slag and burned rubber.

Do I have any legal recourse? Any recommendations? I thought of writing as high up in Sears as I can to explain the situation, maybe offer them a lesser amount--and when they turn me down make it as public as possible.

Thanks for your time.

[Lars39]

1. At this point it sounds like the attorney's fault.

Any chance you have it in writing that he was going to include debt forgiveness in the suit?

[catrose]

2. No

When I reminded him, he said he wasn't my lawyer, but the insurance company's. So he had no business saying so in the first place. I should have pursued the problem independently any way, but I was too overwhelmed with all the other problems caused by the fire and life in general.

[Lars39]

5. Dang

Might not take a lawyer too long to straighten this out, though.

[arcadian]

3. Boooooooo! I thought this was going to be about Star Wars.

I was going to say what if R2 and 3PO had never run into Luke? That would have been an entirely different movie.

[flvegan]

4. How does the debt exist?

I mean, if the salesman didn't turn anything in, and you're not getting statements. Weird. You likely need to retain counsel to deal with this, I think.

[LostinVA]

7. I thought the same thing -- ther is no debt to pay

[Sanity Claws]

6. Were you not receiving statements?

How long did you have the mower before you started getting the statements?

You shouldn't have to pay for something that was obviously defective.

[elleng]

8. Received no statements from sears??

No evidence you owe them.

IF you receive statement, THEN let them know it 'failed' its warranty, and you have no duty to pay for such.

:)

[catrose]

9. That's one of the odd things

The salesman did turn in the sale, just not all my updated information. Sears Finance Center says it doesn't matter that I've never received a bill; the debt is still on my account and my responsibility. I'll try the warranty thing, but they didn't seem impressed about its failure, and the store wasn't interested either.

[elleng]

10. May I suggest:

Don't TALK to them. Write to them. Actually, you might do a legal-type letter.

pm me if you'd like.

[catrose]

11. Thanks, elleng

I am trying to put together a letter and would appreciate help.

[elleng]

12. Will respond with pm.

Sorry for delay!