HBSC served me with papers

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.

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.

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.

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!

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.

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.

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.

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?

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

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

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

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.

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!

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!

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?

Knowing how HSBC operates, they will have someone show up. The judge will see that you have made valid efforts to pay off the account and laugh HSBC clear out of the courtroom!

HSBC isn't that company with Jackson-Hewitt when they issue the I power cards with individuals tax refund monies on them. I get statements from them even thought the card I use isn't active still. I don't owe anything though. I guess it is just procedures.

HSBC is connected with H&R Block and they are the ones that issues their tax returns and they issued the debit cards for this years tax season.

ANG
did you go to court yet?

My court date is July 24th.

Yea Fed i did, posted it under back from court!

I wonder if you sent the original creditor the 2 payments before your court date, then you would have the cancelled checks to prove that you paid it. i have a bill that i am getting letters from osi, and i keep making payments to the hospital, and it shows on osi statement each month.

I would try to contact HSBC to see if they will try to work with you before the court date rolls around. I know what a pain they can be to deal with. I was in debt settlement where two HSBC cards were listed. I ended my debt settlement program for other reasons but HSBC sent me to two different collection agencies. One was CACH LLC and the other was out of Florida. Of course I got the scare you calls but I didn't let if affect me. I sent out dv letters and heard nothing back from either CA. I also sent out follow up letters a couple of months later and I have still not heard anything. The accounts will be paid off in the next couple of weeks but I am surprised they are sueing you over such a small amount. You may want to try and write them a letter to see what they say. They seem to be different with each person for some reason. Beneficial is related to them and this was also listed on my debt settlement program. They were very willing to work with me to get my account caught up. On the other hand, my husband listed his Beneficial account with his debt consolidation company and they signed a proposal agreement as well. They tried to sue him but we made out other payment arrangements with the attorney. I sent them a letter in writing confirming this via certified mail. I received a response back from the paralegal. They wanted us to sign a consenst judgement form but we refused. Hubby doesn't need that on his credit report but now he has to go to a hearing about this tomorrow morning. They agreed to no consent judgement which we have in writing. DUH! Now, they are trying for a default payment even though we have made all the payments on time. We'll never deal with Beneficial or HSBC again as far as I'm concerned.

If I received a 1099 in 2004, can Younkers now start trying to collect again and reporting it to the credit bureau?

Frogpatch,

I would try to send both payments (or payment in full) prior to the court date, then take the cancelled checks in with you. Also carry the letter you wrote previously trying to make payment arrangements and the reply from them. Having paid in full by the court date, you possibly won't face any additional costs. It's not like you are disputing the charges or the amount, so pay it. This will show the court good faith and prove you tried to pay it without court involvement.

Just try to get those payments in so that you have enough time to get copies of the cancelled checks prior to July 24th.

HBSC in the process of suing me had the litigation papers served by a gangster looking process server who walked inside the house uninvited..We filed a police report and are filing criminal tresspass charges against the perps ...We are trying to find out if a counterclaim could be filed as a "permissive counterclaim ".

Who is HSBC???