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Please help, I'm being sued by CACH, LLC for $1806.97

Date: Tue, 01/05/2010 - 18:41

Submitted by gizzle
on Tue, 01/05/2010 - 18:41

Posts: 7 Credits: [Donate]

Total Replies: 15


Hello everybody. First and foremost thanks to all who will have a chance to read my problem and respond. I recv'd a summons/notice to appear for a pretrial conference yesterday, 1/4/10 at 6:35pm seven days from now on Monday, 1/11/10 to meet with CACH, LLC at the county courthouse. Why the short notice??? Anyway, with the summons paperwork was the bill of sale from HSBC Card Services to CACH, LLC signed by a HSBC rep with the title of VP-Assistant Secretary with a fineprint copy of the T&C's of the card. Also there was an affidavit, stating HSBC Formerly Metris Co, Inc.(the seller) owned the account and attached was a computerized balance statement of $1806.97. This was notarized in the state of Nevada. It looks like they have there ducks in a row and I may be screwed. So I believe I opened this acct back in '07 and I'm not denying that(which maybe I should??) but like most stories probably on here I just went thru a layoff back then and a nasty seperation and I'm still unable to catch up but able to keep a roof over my head and pay child support on time. Ooops, getting off track. So I'm wondering if I'm screwed, what recourse do I have, is there a loophole to look for in the summons paperwork. I noticed one thing..my name was in CAPS LOCK and they didn't have III at the end of my name (since I'm a 3rd) on the front page where it states CACH, LLC vs MY NAME but on all the other pages and on the card statement attached it has it(III). If there is anything to look for or any advice, please let me know as they gave such a short notice to appear in court. THANKS!


Well, you may need to take time in arranging your ducks in the row since they already have theirs.

Have you or have you not opened this account with HSBC?

If you are sued over a wrong debt then there may be a way out for you, otherwise you may need to come to an agreement with CACH to pay off the debt and avoid being at the court.

You may check out the following link for more information.

"http://www.nedap.org/hotline/court.html"

Hope it helps.


lrhall41

Submitted by SC on Tue, 01/05/2010 - 19:54

( Posts: 3937 | Credits: )


Something i just noticed on the bill of sale is that it states the following, HSBC "SELLER", for value recv'd and pursuant to the T&C's of the Receivables Purchase Agreement dated January 3, 2008 beetween Seller and CACH, a limited liability company "PURCHASER" does hereby sell, assign and convey to purchaser, its successor ans assigns, all right, title and interest od Seller in and those certain purchased recvbls listed on the Sale file attached as EXHIBIT A(which is the T & C's of the card that was attached)...executed 7/31/2008. It doesn't specifically state that it sold my account ..my acct# isn't listed, neither my name or anything else. Don't know if I caught onto something here??? Also the


lrhall41

Submitted by gizzle on Wed, 01/06/2010 - 17:26

( Posts: 7 | Credits: )


And yes, I did open a HSBC acct sometime in '07. Paying child support and keeping a roof over me is #1 priority and I'm still scraping by. I just can't afford a minimum and am hoping there is some loophole I can present at the mediation or anything to postpone or at least dismiss the case. I want to take responsibilty for this but it's just been difficult


lrhall41

Submitted by gizzle on Wed, 01/06/2010 - 17:39

( Posts: 7 | Credits: )


Quote:

Originally Posted by gizzle
Ohion, the affidavit was signed by Stuart Austin (AVP-BAD DEBT SALES MGR) and notarized by Jackie Wyatt(state of Nevada, county of Clark, appt#07-4102-1).


you can file a response that you want both of these people to show up as material witnesses to prove the affidavit.most likely they won't show,and you can have the affidavit throw out as hearsay.


lrhall41

Submitted by paulmergel on Wed, 01/06/2010 - 17:53

( Posts: 15514 | Credits: )


OK, I just Googled Stuart Austin HSBC and find that he has a LinkedIn profile. As does the affiant (for a different OC) in my case. As does another affiant identified by another poster here being sued by CACH.

This makes me suspicious that CACH may be faking these affidavits by using names of people they can find on the Internet. Check with the state of Nevada to see if the notary is legitimate, and if you can, find out the notary's address. Does she work at HSBC? Is HSBC's office in Clark County, NV?

Research everything you can about these two people.

And, are the signatures legible? In my case, both the signatures were illegible and could have been easlily forged.


lrhall41

Submitted by on Sat, 01/09/2010 - 10:17

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Another find from Google:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=290527&page=2

This thread on another forum. The poster was sued by another JDB, Portfolio Recovery, for a HSBC account, with an affidavit from Stuart Austin. When the poster challenged this, the JDB dismissed the case. Fight back, insist that the affiant testify in court.


lrhall41

Submitted by on Sat, 01/09/2010 - 11:13

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Here's another thought: exercise the arbitration clause which undoubtedly exists in the HSBC cardmember agreement. Read up on arbitration at creditinfocenter - dot -com legal forum. It's a powerful weapon now, after the demise of the NAF scam. Arbitration bars their right to litigate.


lrhall41

Submitted by on Sat, 01/09/2010 - 11:17

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Quote:

Originally Posted by Anonymous
Here's another thought: exercise the arbitration clause which undoubtedly exists in the HSBC cardmember agreement. Read up on arbitration at creditinfocenter - dot -com legal forum. It's a powerful weapon now, after the demise of the NAF scam. Arbitration bars their right to litigate.


Quote:
Originally Posted by Anonymous
Call up the plaintiff and see if they are willing to do a stipulated payment arrangement. As long as you work it out and pay them you wont get sued.


Say what??? Under the circumstances, I'd see them in court, or I'd see them in hell. Either way, I'd make them eat those bogus affidavits.


lrhall41

Submitted by unclewulf on Wed, 02/03/2010 - 17:56

( Posts: 3172 | Credits: )


Quote:

Originally Posted by paulmergel
you can file a response that you want both of these people to show up as material witnesses to prove the affidavit.most likely they won't show,and you can have the affidavit throw out as hearsay.



How & to whom do I file the response?


lrhall41

Submitted by on Sun, 03/07/2010 - 08:44

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