Sears sales clerk uses deceipt/trickery to issue an unsolicited Sears MasterCard to elderly customer.
JAMES F. MICHIE5407 Glenwood Rd.Bethesda, MD 20817(301) 656-5278
December 13, 2013
Daryl CarrPresidential CommunicationsOffice of the Presidentc/o Citicorp Credit Services, Inc. (USA)Mcleansville, NC 27301
Dear Daryl Carr:
I am in receipt of your letter, dated December 10, 2013, which I find to be wholly unresponsive, evasive and contemptuous in failing to take into account and to consider the circumstances of my encounter on October 29, 2013 with Sears sales representative "Sierra" (employee code 3020) at the Sears retail store, Montgomery Mall, Bethesda, MD. As I am sure you are aware, the Sears Holdings Corporation Executive Office of Customer Service has chosen the same appallingly shameful and contemptuous approach with this Sears customer of the past 44 years. The "lesson" in all of this for me and for all who will read this open letter: "caveat emptor" (Let the buyer beware)—especially when dealing with Sears, its employees, and its contractor, Citicorp Credit Services.
Here follows the text of an email forwarded to you on November 22, 2013, and to the Sears Holdings Corporation Executive Office of Customer Service on November 21, 2013 regarding my encounter with Sears sales representative "Sierra" (employee code 3020) on October 29, 2013:
A visit yesterday to "my FICO.com report confirmed what I had feared: the abusive fraud by your sales representative, "Sierra" (employee code 3020), appears to have downgraded my FICO score, which stood at 804 as of yesterday, November 19, 2013.
The very first page of my FICO report displays the following:
"Payment history, your history of paying bills on time – GREAT"
"Amount of debt, your total amount of outstanding debt – VERY GOOD!
"Length of credit history, how long you’ve had credit – GREAT"
"Amount of new credit, amount of credit you’ve recently obtained or applied for – NOT GOOD"
Other than the finding of "NOT GOOD" regarding "credit recently obtained or applied for" – a direct reference to the unsolicited and fraudulent issuance of a "Sear MasterCard" and an unneeded new "Sears Credit Card" by your sales representative "Sierra" (3020), my FICO report contains not a single other blemish or complaint regarding my credit over the past 44 years and six months.
Moreover, my FICO report stated that the two unsolicited and fraudulently issued cards on October 29, 2013 were closed at consumer’s request. Hence the FICO negative finding that "Amount of new credit, amount of credit you’ve recently obtained or applied for – NOT GOOD." This, as I have stated toseveral of you over the past week or so, is totally UNACCEPTABLE! Here follows a reiteration stated to all of you regarding the erroneous and fraudulent issuance of the two unsolicited credit cards to me by your sales representative "Sierra" (employee code 3020) at the Sears Store in the Montgomery Mall in Bethesda, MD on October 29, 2013:
1. Prior to entering the hospital for major surgery, I purchased a pair of pajamas from your "Sierra", but did not have with me my Sears Credit Card dating back to 1969 (recently reissued to me by Sears through the mail). "Sierra" proceeded to retrieve my existing Sears credit card Daryl CarrCiticorp Credit Services, Inc. (USA)December 13, 2013Page 2
by keying into her computer terminal/cash register my telephone number, but claimed that the card did not seem to exist because it was not retrievable. I found that to be bizarre!
2. "Sierra" asked me: "Have you used your Sears card in the last six months? I responded that I don’t think I had. "Sierra" then stated: "well, if you don’t use your card within a six-month period, the card is wiped and doesn’t exist anymore."
3. Your "Sierra" then asked me for my social security number, which I reluctantly keyed into the countertop terminal because I couldn’t understand why she would need that to find my credit card. Your "Sierra" stated to me: "Don’t worry, Mr. Michie, I am applying for a replacement Sears Credit Card for you. Your "Sierra" then committed an act of fraud, shoving a couple of forms in front of me and asked me to sign, which I did thinking that my old Sears card was no longer operative and I would receive a replacement in the mail. But what I was signing actually was an application for a "Sears MasterCard" and a new "Sears Credit Card". Your "Sierra" made no mention whatsoever of issuing me an unsolicited Sears MasterCard because, if she had, I would have refused the application. I already have long had in possession a Bank of America MasterCard and, therefore, I have no need for a second such card.
4. I returned the pajamas the next day as they were too small. Your "Sierra" was not at that same check-out counter and so I exchanged the pajamas for a larger size with the help of a very nice middle-aged sales representative. When I related to her my "experience" with your "Sierra" the day before and asked whether a Sears Credit Card is deactivated if not used within a six-month period, she said this was not so and immediately retrieved my Sears Credit Card with my telephone number through her terminal. I did have my Sears card dating back to 1969 with me and it bore the identical information she had been able to retrieve from the Sears computer system. This very professional and honest Sears sales representative advised me to immediately contact Sears customer service and report what had occurred.
5. Upon returning home that same day, I contacted Sears Customer Service and informed your customer service representative "Theresa (employee code BSRS8) of my "experience" with "Sierra" (3020). She apologized and said she would cancel the Sears MasterCard (I was not aware at this time that I would also be receiving a new and unneeded Sears Credit Card). I stated to her that, in light of the fraud perpetrated on me on issuance of the Sears MasterCard to me, I expected that she would inform the three credit bureaus that it was Sears taking the responsibility of canceling the Sears MasterCard, not the consumer, because the unsolicited card had been issued fraudulently and erroneously by a Sears sales representative. Further, I requested that she copy me on the email sent forward to the credit bureaus, and Theresa BSRS8 assured me that she would. However, I never received such an email from Theresa BSRS8, obviously because she had failed to cancel the Sears MasterCard."
The "finding" of the Citicorp Credit Services, Inc. "Fraud Early Warning Department" that "because [I] signed the two Security Agreements for the [credit card applications], these accounts cannot be deemed fraud" is an empty, irrelevant dismissal for the following reasons:
1. You stated to me on or about November 26, 2013 that you were not interested in the email I had forwarded to you on November 22, 2013 (see text above) and that you had not read it. Consequently I must assume that you did not share that email with the Fraud Early Warning Department for consideration.Daryl CarrCiticorp Credit Services, Inc. (USA)December 13, 2013Page 3
2. The definitions of fraud include "deceit, trickery, sharp practice, or breach of confidence."
3. I had gone to the Sears store, Montgomery Mall, Bethesda, MD, on October 29, 2013 to purchase a set of $34.00 pajamas, but had forgotten my Sears credit card at home. The first act of "deceit and trickery" by Sears sale representative "Sierra" (3020) was when she claimed that she could not locate the record of my Sears credit card (dating back to 1969) in her "system" by utilizing my telephone number and identification. This was absolutely false as another sales representative at the same Sears story on October 30, 2013, the day after my encounter with "Sierra" (3020), had no difficulty in retrieving my credit record with the use of my telephone number.
4. The second act of "deceit and trickery" was when "Sierra" claimed that, if I had not used my Sears card for purchase in the past six months, it had been deactivated, canceled out and, therefore she needed to assist me in applying for a replacement card. Again, this was absolutely false!
5. The third act of "deceit and trickery" was when she shoved forms in front of me and said I needed to sign these forms to obtain a replacement Sears credit card which I did not need (I learned the following day that my old Sears card was still in force). But, in addition to signing me up for an unneeded replacement Sears credit card, "Sierra" (3020) also signed me up on her "system" for a Sears MasterCard without my knowledge. I did not read the forms prior to signing them because I thought I could trust the honesty of the advice given to me by Sears sales representative "Sierra" (3020). Any show of "honesty" on the part of Sears sales representative "Sierra" (3020) was totally nonexistent in this case.
I find it unconscionable that both the Sears Holdings Corporation and its contractor, Citicorp Credit Services, Inc., choose to be wholly unresponsive, evasive and contemptuous in failing to take into account and to consider the circumstances of my encounter on October 29, 2013 with Sears sales representative "Sierra" (3020) who employed deceit and trickery in dishonestly "serving" this 77-year-old Sears patron of 44 years.
Even so, I had no intention of pursuing this matter through litigation. My only repeated request to both the Sears Holdings Corporation and its contractor, Citicorp Credit Services, Inc., was to delete from my creditline maintained by the three credit bureaus, Equifax, Experian and TransUnion, the Sears MasterCard account illicitly assigned to me without my knowledge by Sears sales representative "Sierra" (3020) through fraudulent measures of deceit and trickery. But both the Sears Holdings Corporation and its contractor, Citicorp Credit Services, Inc., have refused to do so, thereby placing my credit rating in jeopardy.
James F. Michie