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 Posted: Thu Jul 06, 2006 12:20 pm Subject: Update time |
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Today, I heard from our attorney in regards to the pending lawsuit against Finklestein, Kern, Steinburg and Cunningham. They claim that they stayed within the guidelines of the fdcpa laws by using the tactic of a lien on our home. They feel they have committed no violations and they were following the orders of HSBC. Keep in mind this was an unsecured credit card with a small balance in consolidaton and they screwed me out of over $1500.00. In the letter, it also stated that HSBC hadn't received not on single payment. Well thats awful funny because they just lied on paper. T&C provided proof that HSBC was cashing the checks, and the date they were cashed. Then FKSC office miraculously received a letter from HSBC that they had received payments. Problem here is that HSBC was getting payments and not posting the account. Our attorney thought this was really stupid on their part to contridict themselves. Then come to find out, FKSC has had several cases thrown out of court for the attorneys not showing up, faliure to provide proof of claim and has been reprimanded by the judges on several occassions. Good collectors? I don't think so. Our sweet attorney says that he will file a petition with the court for a court date and he stated that we could get refunded what we paid, plus for the violations. I feel good about this. It is about time collection attorneys and collection agencies pay for their wrong doing. Maybe then they will quit their crap, grow up and quit scamming, threatening and intimidating people.
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NotsoLucky
Joined: 02 Nov 2005
Posts: 3150
Debtcc Points: 45660
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| Posted: Thu Jul 06, 2006 12:25 pm Subject: |
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Good news for you! Congratulations!
_________________
Ability is what you're capable of doing. Motivation determines what you do. Attitude determines how well you do it. - Lou Holtz
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CycloneFan
Joined: 05 Dec 2005
Posts: 1186
Debtcc Points: 18720
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| Posted: Thu Jul 06, 2006 12:43 pm Subject: |
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Tammy, I believe you had this confusion in the past that lien can be placed on the property for an unsecured debt. This does not usually happen but in case of HSBC, it was an exceptional. Trust me, you have placed yourself in the stronger side by doing the payments regularly and on the other hand, HSBC was not posting it. Keep all your proof in safe place because on this basis, you can file a legal case also against HSBC and the fraud collectors. The documents from the attorney general's office will make the proof stronger.
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GunsNroses
Debt Samaritan
Joined: 08 Jun 2006
Posts: 494
Debtcc Points: 7991
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| Posted: Thu Jul 06, 2006 1:48 pm Subject: |
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GunsNroses,
We have an attorney handling the case. HSBC isin the wrong and so was the collection attorney. Thanks to the help of this site, I now understand that a lien can't be placed on an unsecured debt.
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NotsoLucky
Joined: 02 Nov 2005
Posts: 3150
Debtcc Points: 45660
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| Posted: Thu Jul 06, 2006 3:03 pm Subject: |
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This is a legal issue if a lien can be placed or not for a secured debt. So, the best bet will be to confirm this information with an attorney. That way, you will have covered your basis strongly.
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andyyoung
Joined: 05 Jun 2006
Posts: 472
Debtcc Points: 6485
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| Posted: Thu Jul 06, 2006 5:04 pm Subject: |
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Tammy,
Thanks for sharing the update with us. I'm sure things will turn out in your favor 
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CowampChicken
Joined: 20 Dec 2005
Posts: 3675
Debtcc Points: 36194
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| Posted: Thu Jul 06, 2006 5:52 pm Subject: |
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TAmmy, Good luck w/ this. It is sounding good for you. I just can't believe this happened to you....like I have said before I have an acct w/ HSBC & haven't had any problems..
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lgall
Joined: 27 Mar 2006
Posts: 186
Debtcc Points: 3563
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