Legal Question in Credit and Debt Law in Massachusetts
I bought a TV from Sears for $629.99 on 06/21/09 & used my sears credit card. There was a promotion that no % for a year if paid in full. I just got my statement on 9/02/10 & there was an interest charge of $230.00 for this TV. I bought tires for 2 cars for $500 in the same period of time. I paid over $1,000 in payments in this time period. There saying that the TV wasn't paid in full before the promotion period & they charged me 29.99% from the day I bought it. I bought the tires after the TV, but they deducted the tires from my payments first, before the TV.,This is a scam, What do you think? How do I file a complaint? The TV should of been paid in full out of the $1,000 i paid & the bal. due for the tires. I'm tired of getting screwed. Need advice?
2 Answers from Attorneys
You can file a demand for relief under G.L.c. 93A, I've attached a link to a sample letter below. They should fix the problem upon receipt of your letter. DEMAND LETTER LINK
If they don't, you can bring them to Court and seek double, or even triple damages, together with attorneys fees and costs. Indeed, I dare say you can contact me if you do not receive a response to your letter. Be sure to be explicit about exactly how you were damaged, and exactly what they did that caused you to be damaged.
I have a different outlook. Most likely, your cardmember agreement specified that they will apply the payments in whichever way they want, and that regular purchases will be paid off before any promotional balances. By signing up for the card, you agreed to those terms. They key was to have a zero balance at the one year mark. If your balance was not a zero balance around June 21 of this year, I believe you'll find that pursuant to the agreement, they could consider that the whole unpaid balance was the TV, thus enabling them to charge you interest. I am sorry to be the bearer of the bad news, and good luck.
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