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Posted: Mon May 01, 2006 10:29 am Subject: Served summons

I was served a summons to appear in court on the 23rd of May for my account with HSBC. They are receiving payments through consolidation. How can they do this? What do I do now? The attorney in the response is claiming no payments have been made on the account. I have proof that T&C has been making the payments. Is that all I need to take to court?

Posted: Mon May 01, 2006 10:47 am Subject:

They are claiming that they haven't received one payment. T&C is paying Finklestein and Kern out of Knoxville. They have been accepting the payments. Somebody is pocketing money and Jessica from T&C is calling the attorney that is collecting the debt and HSBC to find out why the summons was served. I have never had this happen.

Posted: Mon May 01, 2006 10:50 am Subject:

Tammy, is it HSBC directly, or a collection agency on their behalf?
Whichever one, I would contact them, or have T&C contact them, to see if they will recall the summons. I can imagine how angry you must be, since you have been paying them yet they file a claim that they haven't been paid.

If you can't get them to drop it, then I think all you need is the proof of payment. And hopefully the judge will laugh it right out of court.

Is HSBC trying to get a higher monthly payment, or wanting payment in full?

Posted: Mon May 01, 2006 11:03 am Subject:

Hi Tammy,

Have you checked your bank account and seen if the money has been debited? You also need to get a statement from T&C showing that they have sent the money to HSBC. These two documents will be enough to prove your story in the court and put yourself in the safe side. Then, the ball will be in the court of HSBC.

Posted: Mon May 01, 2006 11:09 am Subject:

John,

The card was turned over to Finklestein and Kern before the consolidation, then I put the card into consolidation and they have been accepting the payments. I just got off the phone with our attorney and he stated that where there is proof of payments being made through T&C to Finklestein and Kern, and they have cashed the payments received from consolidation that more than likely the judge will through the case out. The letter attached to the summons from HSBC states that they haven't received a payment. I feel someone is pocketing the money. Either Finklestein and Kern or HSBC is not marking the account after the payments are sent to them.

Posted: Mon May 01, 2006 11:30 am Subject:

Tammy, have T&C get copies of the checks that have been sent so if it does go to court you will have proof. I cannot believe HSBC, they are the scum of the earth. I know it's scarey but hang in there, it will work out for you.

Posted: Mon May 01, 2006 11:34 am Subject:

Sue,

Jessica is working on the situation now and she said she would call back with all the information. I think this is the worst Monday for me since the payday loan nightmare began. Can it get much worse?

Dawnie · Posted: Mon May 01, 2006 11:36 am Subject: HSBC

Gosh I had a credit card with them over 2 years ago for 300 and it charged off. Do you think they will go after me.....

Posted: Mon May 01, 2006 11:39 am Subject:

They more and likely will. If they turned it over to collections and the debt collector isn't giving them the payments. In my situation, I went from owing $525.00 to $1394.00. Watch your back with HSBC, they will screw you over in a heartbeat and think nothing about it. I am so sick to my stomach and scared to death.

Posted: Mon May 01, 2006 11:41 am Subject:

Tammy,
Keep your head up. I have 2 judgments against me and am making monthly payments on both. It stinks I know but sh** happens and you will make it through. Jessica handled one of mine that was behind last week and got the attorney's office to agree to stretch the payments that were behind out because we are now paying them extra each month. Hang in there, girl ... I'm here for you if you need to talk.

Posted: Mon May 01, 2006 11:43 am Subject:

Thanks Sue. Crying or Very sad

Posted: Mon May 01, 2006 12:22 pm Subject:

Yeah, that sounds like HSBC. Turn a $525 balance into almost $1400. *sigh* I can understand reasonable fees and interest, but at some point it becomes unbelievable. And that is the point, when it is almost triple the original balance. Can you say usury? Smile

Posted: Mon May 01, 2006 1:26 pm Subject:

Well that sucks, Tammy. I hate HSBC myself. I have a personal loan and two credit cards with them that we listed with our debt settlement company. They don't receive monthly payments like in a regular debt consolidation program. I'm getting hang ups from HSBC everyday and I'm keeping track of the times they call and sending it on to my debt counselor. We just made our second payment but it is still scarey when it comes to HSBC. I'm not as worried about the credit cards as I am about the personal loan. After the third payment is when the debt settlement company should start making phone calls to the creditors. We might make an extra payment in May just to get the ball rolling but it will have to wait a couple of weeks. It sounds like everything should turn out fine for you though. HSBC is another predatory lendor in my book Confused

Posted: Mon May 01, 2006 2:52 pm Subject:

I just got off the phone again with Jessica at T&C and she has copies of the checks that have been cashed by HSBC themselves. Finklestein forwards the payments to them. Looks to me like they are withholding posting the payment to the account. Jessica had me fax her a copy of the summons and the letter from HSBC. This was a sworn letter on January 11, 2006, filed April 21, 2006 and served on May 1st. Charman Hopper who wrote the sworn statement is lying and she will be caught when it goes to court. Thank goodness for copies of the checks HSBC has cashed and thank goodness for Jessica at T&C being persistent. I am so confused right now, I don't know who has the account or anything.

Posted: Mon May 01, 2006 3:09 pm Subject:

Well Tammy, everything has resolved and now if there is a need to appear in the court, you have your documentation. Just call the companies and get the updates. If possible, get some paperwork done.

Posted: Mon May 01, 2006 3:11 pm Subject:

Paperwork is aleady being put in order and I am thinking about filing a countersuit against HSBC. They are in the wrong and I now have all the proof I need, even a sworn statement by Charman Hoops that is nothing but false accusations.

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