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Posted: Mon May 28, 2007 6:19 am Subject: HBSC served me with papers

I just got served by the County small claims court for a 600.00 claim by HSBC. The strange thing about this is that I had gotten a letter from a third party collector regarding this some months ago. I noticed on my credit report that the account was still open and not charged off. I sent a letter to the collector stating that I owed the money to HSBC and preferred dealing with them. I sent HSBC a certified letter tellong them that I wanted to make arrangements to pay them and get my account in good standing. I also said that after I did this that I would appreciate it if this were reflected in my credit report. This was a genuine attempt to repair a problem. They sent me a letter a month or so later that said something to the effect of "we cannot change the information in your credit report as we feel it is accurate." Never even addressing the fact that I told them that I wanted to make arrangemnts to get my account in good standing. I never got a reply from the third party collector. The next communication I received was this server at my door Friday night.
I am going to show up in court is my best suit with my leather attache and show the judge how these people had the opportunity of not wasting the courts time and blew it. My question is: Should I write to HSBC again and tell them what happened and my intentions or just spring it on them in court if they even show up?

Posted: Mon May 28, 2007 8:23 am Subject:

Which third party collector was sending you the letters? I had a card with them also and they sold it to CCB Credit Services, I think. I didn't have any problem making arrangements with themI would send HSBC another certified letter. I don't know if it will do any good but it is worth a try.

Posted: Mon May 28, 2007 5:12 pm Subject:

It was IC Systems. They seemed to drop me like a hot rock after they got my letter. It was not sold as it was not charged off on my report. That was my confusion. Who did I owe? HSBC wants me in court but they did not respond to my offer to settle. I think they are wasting the courts time and money.

Posted: Mon May 28, 2007 7:55 pm Subject:

I'm not trying to be a jerk when I say this, but where did we get the idea that as long as we try to come up with some sort of arrangments then a creditor can't sue us? There is no provision in any court that allows a judge to dismiss a case because he thinks "it's wasting the courts' time."

When a breach of contract case comes up in front of a judge, the only question becomes "have you broken your agreement, yes or no." If you originally promised to pay at least the minimum monthly payment (which is usually a calculation of 2% or 4% of the card balance), and you're not making those payments, then you are in default.

Regardless of whether you sent a letter trying to pay less than you owe, you are in default and the company is under no obligation to accept your alternative arrangments. Again I'm not trying to be a jerk, but the judge doesn't care if you sent HSBC a letter. There's no "well I'm not really in default because I wanted to pay and they wouldn't accept partial payments as full satisfaction." The judge only cares about two things: 1) did you in fact enter into a contract, and 2) did you in fact breech the contract. If the answer to both of those questions is yes, then HSBC will get a judgment.

Now most courts have mandatory arbitration (or mediation), meaning if both sides are present on the court date then it doesn't go right to trial. The judge usually send both parties to a back room, where you sit down with a mediator, and try to work out a payment agreement. When both parties come up with a good plan, then the mediator puts it on paper and the judge signs off on an order dismissing the case with leave to reinstate. From there, if you don't make the payments on that plan, then HSBC goes back and tells the judge you didn't pay as agreed and he gives them their judgment.

I just think that if you go to court, and your main argument is that HSBC never wrote you a letter accepting your partial payment arrangement, you'll find out it doesn't really matter... sorry to say.

Posted: Mon May 28, 2007 8:07 pm Subject:

HSBC is sue happy. I was sued by them last year and I was in consolidation, they signed the propsal and agreed to the payments. They stated in the summons that they hadn't received one payment. Which was a lie because the consoildation company I was with got copies of the canceled checks that HSBC was cashing!

Bud-sc · Posted: Mon May 28, 2007 10:37 pm Subject:

I had a card with them also but they never try to sue me but just sent a letter they were going to send it over has a 1099 form??? to the IRS.I guess its the state we live in sometimes make the diffents.

Posted: Tue May 29, 2007 3:23 am Subject:

A 1099 is the form used whenever a creditor writes off your balance. It is considered unearned income on your taxes. Many people who have had cars repoed and then sold at auction will get a 1099 to file with their taxes when the price received at auction is less than what was owed on the principal for the car. Hope that makes sense, and I don't believe it matters which state you are in, anybody can get them in these situations.

Posted: Tue May 29, 2007 3:46 am Subject:

I have to go to court on another matte like this, my understanding is that they probably won't show up and the case will go in my favor, however, they will appeal the magistrates decision and it will go on to a higher court. I would think if they don't show up I would win period. because if I don't show up they win by default. Unfortuneatly that is not the way it goes.

Posted: Tue May 29, 2007 9:13 am Subject:

Let me get two things straight here. I did not try to settle this for less. I wanted to pay the whole balance in two payments rather then the few small payments I missed. Had they answered my letter they would have had me current almost immediately. When they did not respond I thought that the Collection Agency owned the debt. I told the collection agency at the beginning that I wanted to work with HBSC and they told me they already had it and it was too late. I was waiting to find out who to pay.
Secondly I asked if anyone thinks it would do me any good to contact HSBC and try again or not? No one answered my original question.
Finnallydebtfree, how did you finally make out with them?

Posted: Tue May 29, 2007 9:25 am Subject: loan

Frogpatch, I would try and contact them and see what they say. I have found its a lot easier to work with the original creditor. It is worth a try. KYSIDE38

Posted: Tue May 29, 2007 9:28 am Subject:

Thanks I will. Has anyone had a problem with this site today? I keep getting blank pages.

Posted: Tue May 29, 2007 9:37 am Subject: loan

Frogpatch, I have gotten blank pages also. I also had trouble loggin in. KYSIDE38

Posted: Tue May 29, 2007 10:05 am Subject:

I also lost a post when some strange version of the thread opened up with all the posts at the bottom.Except mine. Lets see where this one goes.

Posted: Tue May 29, 2007 10:54 am Subject:

My only advice to you is to make SURE you answer their citaton!! Don't do like me, stupid, i know, and ignore it!! They don't go away, they keep coming back to haunt me over and over! And what a horrible nightmare it's been and continues to be!

Posted: Tue May 29, 2007 12:40 pm Subject:

A family member loaned me the money to pay them off minus the money they had already received from consolidation and they marked my credit report finally paid in full. It is a waste of time trying to contact HSBC. They are no help and they will screw anyone with a blink of the eye!

Posted: Tue May 29, 2007 1:02 pm Subject:

I learned that in my Court, Pinellas County Florida, the first date is pretrial where they try to settle things between the two parties. What a waste. I would have paid them in full had they just sent me a bill. I wanted to settle and keep my account opened. Do you think that they will show up?

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