Served summons

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?

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.

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.

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.

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.

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?

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.....

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.

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.

Thanks Sue. :cry:

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? :)

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 :?

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.

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.

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.

Update and this has really got me pissed off. Jessica from T&C, myself and Shannon from the law office had a conference call and Shannon stated that HSBC has sent him notice of receving any payments and to fax copies of the checks and he will note the account. Then he proceeded to say that HSBC will proceed with the lawsuit regardless of upping the payments or the payments staying the same. They will put a lein on our home til the amount is paid in full. Shannon stated that he has sued alot of people for HSBC and the judges has ruled in favor of HSBC and issued leins and raised the payments regardless of financial strain. How can this be fair where payments are being sent monthly? The payment went from yesterdays balance of $1394.27 to $1630.27 in one day. He stated that was interest incurring on the account. What the hell is going on. I am being railroaded by HSBC and can't do a damn thing about it. Our attorney stated that they can and will put a lein on our home beings they can't garnish my wages and can't touch hubby's because he is not listed on the account. So basically what it comes down to is I AM ROYALLY SCREWED.

Tammy how the heck can the interest go up that much in one day. This law office sounds like a scam. I assume you checked them out. How can they put a lien on your house when it's a credit card (isn't it?). How the heck can they compute $236 interest daily, something has to be illegal about that. So is HSBC looking for more than a judgment or what if they can't garnish then what do they want?? Is there anyway or anyone you can borrow the money and then pay whoever back at an (obviously) lower interest rate - geez if I had it I'd loan it to you. Keep on this, I hope you can beat them.

My grandpa is going to call this attorney tomorrow and pay the debt minus the payments made through debt management. That will drop the balance to $1526.27. He told me he was doing this because I was getting screwed over and set up. Now I have to figure out how to pay him back the money.

Tammy, I am so sorry this is happening to you. I wish I had some advice to give you. All I can give you is my support. Please keep us up to date.

Tammy,

Something seems fishy with this situation. Why would they put a lien on your house for such a small amount? Have you contacted a lawyer in your area for some free advice? I know some give free consulatations.

I guess I didn't read the post all the way through. I'm sorry to hear that this is happening to you. I would go to court and explain the situation to the judge or contact the clerk of courts to see how to respond to the summons.

my grandpa paid the attorney the money minus the fees paid by t&c. He talked to an attorney and they can put a lein on our home thru hubby because he is sole provider. To keep a lein from the house, grandpa saved my butt again and paid it.

Tammy yes I would file a counter suite. What they are doing is not right. And if you do go to court with that documentation the Judge will lambast them.

Is this an Orchard Bank cc? I have had one for 6 months now. Paying about $20/mo on a maxed out $300 limit. Never been late except for this month. I was 5 days late and they charged me a $60 late fee.

Well, I have two credit cards and a loan, Orchard Bank, HSBC, Benefical that I have listed with my debt settlement company. I will be making my third payment at the end of the month and then they should start contacting these creditors and the others on our program. Benefical calls us a home and doesn't leave messages, except please hold for a very important call. HSBC starting calling me at work yesterday. I told them on the first phone call that I could not accept personal phone calls at work. They called back a few minutes later, I stated this again and hung up. A couple of hours later, it was hold for an important call, so I hung up the phone. A little while later someone called, asked for me, and hung up on me. We don't have caller id at work so I *69'd the number and it was HSBC Card Services. I called my debt settlement company and told them the situation. They thought it was odd that they would ask for me and hang up. So I will be able to changed my address and phone number on these accounts to a dummy address (so to speak) of the debt consolidation company so they can monitor the account and phone calls as well. I can do this online this weekend. Then they continued to call at work and I told them I was recording the phone call and not to call me at work, they just hung up. I had left my cell phone in my car and they had called six times in two hours. We are going to monitor this to see if the debt settlement company has to move faster on these accounts so the harassment stops and I don't get taken to court. This company is quite sue happy from what I've been reading online and hearing on the forums. Keep your fingers crossed for me :)

Mishele,

I am praying for you that you don't end up served with a summons from HSBC. Have you pulled your latest credit report? If not I would pull one and see how HSBC has your account marked.

Tammy I am so sorry to hear about all the crap you are going through.I still don't understand how they will put a lien,but not garnish wages instead.I still would talk to another lawyer,first visit free, to see if this is legal.I would definately document everything for court,and file countersuit. I think that is known as loan sharking to charge that much interest in one day. Had an idea,have you PMd Virginia-Legal Defense? I have a couple of times and he has been a great help. My prayers are with you-hang in there,just be gratefull you have someone to help bail you out. I'm sure you can work something out with grandpa,he sounds like a wonderfull man--take care..Karen

I just applied for an HSBC Orchard credit card, my first one in a long time in hopes to help my credit, not liking what I am reading guys. I did plan on just using it each month for someting small and paying in full each month but this makes me nervous

Hi linnie

It's your wish to use the account or cancel it. But if you are using it, make sure that everything has a written record. Besides, if you can make the monthly payments in time, your credit will boost up.