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  1. Hi everyone, I am new to the board and this is my first post. I am looking for some advice on how to proceed with two debts being collected on by Portfolio Recovery Associates. The first debt was originally owned by HSBC before they were bought by Capital One and the account balance is $1,900. The last payment was made sometime during 2013 and was later charged off. The other debt was originally owned by Comenity Bank, the last payment was also in 2013 before it was charged off and the balance is $1,400. I was not aware of what the debts were at first so I sent a debt validation letter to PRA. So far they have "validated" only the Comenity Bank debt by sending me copies of 3 credit card statements, one showing the balance that they are requesting. I am now worried sick that they will attempt to sue me for the debt as I am now trying to rebuild. I have been reading a lot about junk debt buyers, settling, and arbitration but I am unsure as to what steps I need to take next or if I do nothing at all and just wait to see what they do. I'm hoping someone can offer advice on what my options are and what I should do to attempt to protect myself from a judgement being placed on my CR. Any advice? Thank you in advance!
  2. The complaint as brief as possible includes Breach of Contract, Mortgage Fraud, Tila, RESPA, FDCPA, All of the parties mentioned below in addition to the law firm for moving forward with a non-judicial foreclosure without a valid Waiver of Borrowers rights and FDCPA violations. I stopped a non-judicial foreclosure back in August. The next few months have been spent with documents flying back and forth. This is the most frustrating situation I have ever experienced. All the while being the most important one to be fighting. Finally in mid October I elected federal arbitration via AAA I asked that they initiate. They replied they needed time and would have a response by Dec. 2, then Dec 6. Here is my fear. I had found this re-reading everything I could about AAA. ---(vi) Abeyance Fee Parties on cases held as inactive for one year will be assessed an annual abeyance fee of $300. If a party refuses to pay the assessed fee, the opposing party or parties may pay the entire fee on behalf of all parties, otherwise the matter will be administratively closed. All filing requirements, including payment of filing fees, must be met before a matter may be placed in abeyance--- I guess the main question is does anyone know who's attention to get to try and settle with HSBC? Because it looks like if I complain and they ignore that 's it, the complaint is closed? Why isn't it a default? Anyone who has dealt with HSBC, HFC, Beneficial, add in Caliber also. you are basically ignored. Caliber states they do not know why they sent me a purchased loan notice., I should ask their servicer. The notice included a statement and instructions for where to send payments and claimed Caliber was the servicer. A second subsequent claim notice from Caliber now had Beneficial as the Servicer, effective July 1, 2016 All the while Beneficial acting on behalf of Beneficial intended a sale August 2, 2016 via an alleged deed transfer and assignment to Beneficial from Beneficial of GA HFC then HSBC were the original note , deed and servicers. HSBC claimed they assumed the loan from HFC. The deed was recorded Beneficial of GA in 2007 In 2009 Transferred and assigned to HFC. Also an Allonge to Countrywide in 2007 was signed at closing . Honestly that was brief so much went on from the origins to the present. But they ignore facts. I have had three battles and claims against them. The last just finished in November 2015 NDA a short while after a CFPB ended a complaint filed in 2012. They don't care, they don't have to. They have nothing to gain. No valid deed, they used a robo- signed affidavit for a lost note. All robo-signed. The affidant, witness and notary. The note was an alleged copy of the original had erasure marks where the signature goes and scribbling that looked like someone tried to redo our signatures marking like loops on a signature below and above don't align nor correspond with our alleged signatures. Please note: I did speak to two lawyers when I got the non-judicial notice of sale. In late June all I got was loan mod, bankruptcy and too complicated, too much involved. So alone and terrified I did prevail because no-one at HFC has a clue how not to break every law statute and right a homeowner has. From my call for an application for a home loan in 2007 lies and deceit to the present lies and deceit. Mom
  3. In 2013 I was sued by Cavalry from an HSBC card I had no idea about from 2008. Only reason I even found out was I got junk mail from an attorney saying we noticed you where being sued here is our info if you need help. I was crazy confused. The week before DH left for a year long deployment the day he left, that night my father died. Basket case I was and had never had any legal issues before. I did hire an attorney and the case was dismissed with prejudice also stating a release on all liability for account. OK well I was ok with this but not understanding it completely however I had other issues to deal with. Two of the CRA had been reporting this HSBC account as in collections with a trade line (just found out what that meant) also stating as derogatory charge off. I contacted Cavalry who gave me a date of April 2013 when it reported to them the status and deleteion of account. However just this past month when I disputed with the one CRA the tradeline was gone. However I have proof that HSBC reported on it for three years. My question is what in the world is the point of this judgment if it still reports and charge off collections and negative? Seems like I would have rather taken my chances proving my case to get it off my report but silly me assumed that the whole point of that was to clear it up. So basicaly all for nothing but the chance of not being sued again and that was not exactly my concern well yes it was but more so having it not negative on my CRA . Thoughts?
  4. Hey, Everyone! I have a case in which "evidence" provided by Plaintiff (Portfolio) includes an alleged Bill of Sale signed (possibly robo-signed) by David Nauman of HSBC BANK NEVADA, N.A. and an Affidavit of Sale signed (again, probably robo-signed) by an Ashley Oku of HSBC. I'd like to be able to show that neither are residents of California, but they haven't stated their locations in the documents. Initial internet searches seem to indicate that the former may be in Philadelphia, while the latter seems to be a ghost. Has anyone had a case with either of these individuals named and discovered their places of residence/business? Also, if you know of any documented instances of robo-signing associated with these names, it would be very helpful. Pro pers unite and stand strong!
  5. I had to share some exciting news from today's credit score update. When I started this process on May 6th, 2014, using TrueCredit's site, my TU report contained 4 delinquent accounts and 10 derogatory accounts. Specifically, I had 9 collection accounts, and then some other bad stuff, late stuff, child support in arrears, home foreclosure in 2011, etc, etc. One thing led to another, which led to another, and I simply threw my arms up tried to ignore everything for a couple of years. I felt "stable" enough to start chipping away at all of these things and I can't believe how promising I feel just 6 weeks after beginning the task of getting my $#$# together. It may be a fluke, but my TU Vantage Score jumped from 550 yesterday to 620 today!!! Better yet, I am now down to 2 delinquent accts and 5 derogatory accounts on my TU. (Still more work to do on Exp and EQ, but they are improving, too, just a low slower.) Of my 5 current derogatory accounts, I am now down to; Child Support (youngest son just graduated from HS this month, so going forward every penny I continue to pay each month will bring this balance down at a much more accelerated pace. Asset Acceptance collection - It's past SOL, but can still be reported for another 18 months on CR. I'm going to let sleeping dogs lay with this one. Old Utility Collection account with CA - Obtained letter from CA after paying off the original creditor (utility) stating that this account will be deleted from all 3. Hasn't happened yet and I just received the letter last week. This did take some letter writing to the CA. LVNV Funding - Has a zero balance. I paid them off 2 weeks ago, and probably should not have. I'm now in strategy mode of disputing and hoping for a delete from CRAs. Key Bank - I did need to pay this one off. From ex's account that she let go. I failed to recall I was even listed on this until it appeared on CR. Paid it off in two months, sent GW letters to every executive office of corporation asking for mercy as my efforts to resolve were immediate and prompt. It was reporting as 2 derogatory accounts yesterday and that is now corrected, but ultimately would ilke to battle to have it deleted, not just paid. (It's showing as a collection/charge-off but was formerly a LOC.)I thank all of those who have scolded me, reprimanded me, encouraged me, etc. I still have a long ways to go and new habits to establish, but I feel like I'm getting a hold on my life again. Cheers!
  6. I am being sued by Midland (assignee of HSBC). It appears that HSBC credit card units were purchased in 2012 by Capital One. I am at the pre-trial conference phase. Do I raise the issue of account ownership now (standing)? Or am I better off seeing what Midland's lawyers have for documentation? I called HSBC and was automatically transferred to Cap 1 based on my home phone #. I finally talked to a rep that confirmed that Cap 1 now owned the account but it has subsequently been sold to still another servicer. I have requested that info in writing in case I need it. The question is - when should I use it?
  7. Hi everyone, Just received a letter from Asset's Law firm with a court date of July 15th. Plaintiff's Motion to Strike Answer and for Summary Disposition. They want theirsubmitted paperwork to be Prima Facie evidence, stating the Defendant failed to state a valid defense and failed to file a counter affidavit to theirs. I had sent a Discovery request on the 25th of May requesting the Cardmember Agreement and proof of Initial transactions, along with documents showingdefault date, charge-off date, the Purchase Agreement and Bill of Sale. It's ironic that they filed their Motion on June 7, just a week after I requested the items above. I will try to post the Motion in the next couple of days for you. I'm assuming this is normal procedure on their part. Just need some advice on how to handle this. Should I be filing anything, or just go in on the 15th and ask the Judge to compel them to produce the CA, initial transaction records, default and charge-off statements, and the Purchase Agreement, letting him know that is ALL I've been asking for all along, and we wouldn't be wasting the court's time if they would just provide it. Here in MI I know of at least one Judge that has requested production of the CA upon the Defendant's request. When they didn't produce it in a timely manner, I believe he dismissed it with prejudice. I hope that more courts begin to take that stance. Once they've provided those documents there's really nothing more to argue about. THANKS AGAIN to all of you who have been of such great help here! Best to you, buddyapple
  8. Hello, Im being sued by Hunt and Henriques for about 2,600. The original company was HSBC, but the original debt was about 1,900. I have 30 days to report back to the court. Should I try to file for arbitration through JAMS or is there another approach I should go for? The account will be about 4 years old next year.
  9. I got a letter in the mail today from a law office stating "you may not have been served yet but public records show you have a lawsuit or garnishment from Cavalry LLc " and then they went on to offer me bankrupcy or chapter 7 help ect with a flier for their law office. So does this mean I am being sued? I also looked at my credit report on the card in question and it said a payment was made in 2010 and I never made one since I have no idea about this card. That would throw out the 6 year limitation. And my report also says it was charged off in 2011 so I am not sure what to think. My laws would be TN. Thank you.
  10. I am not a smart person in general, and when it comes to credit reports, well then, that stuff might as well be in a foreign language. I had a GM Mastercard with HSBC. After default and collection activities, the account was purchased by Cap One (like all hsbc accounts). Here is what my tradeline shows HSBC/Capital One/Speedy Muffler King. What the hell is speedy muffler king? This is the closest thing I could think of...
  11. A sheriff hand-delivered a civil summons today based on an alleged debt that originated with HSBC. The last payment made to HSBC was such that the SOL cannot be used as a defense. The docs state that I owe $1,775, plus interest at the "legal rate of 8% annum..." Edit: HSBC sold the alleged debt to PRA, while Redline Recovery is simply a debt collector. Obviously, HSBC owned the debt while Recovery was trying to secure a settlement. Therefore, the following paragraph is of no significance to my case. Here's a fact that may or may not apply (see item 16 below)--again, the debt originated with HSBC. Then, I received a mailed notice dated February 2011 from Redline Recovery. Redline Recovery stated that my "account has been placed with our office for collection." I never respondend and/or contacted Redline Recovery. The last notice from Redline Recovery was dated 2/3/11, and it offered me a settlement. It states in writing that I had until 2/25/11 to accept the settlement offer. I took no action. However, in the documents I received today, there's an "assignment and bill of sale," which reads that HSBC entered into a purchase and sale agreement as of 2/7/11 with Portfolio Recovery Associates (PRA) "for the sale of Prime Fresh Charged off Receivables..." Meaning, PRA "purchased" my debt, I guess, and PRA is the plaintiff in my case. Is this noteworthy? Is it something that should be mentioned in my reply? How can the bill of sale be valid on 2/7/11 when another collection agency, Redline Recovery, had just sent me a settlement offer dated 2/3/11 for the same debt and extended the acceptance period to 2/25/11? I called the local court and confirmed that, yes, a case has been filed. I have 30 days to answer the complaint received. Any ideas as to the best course of action? I'm reading through people's experiences. Thanks so much! 1. Who is the named plaintiff in the suit? PRA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Initials are S.R. 3. How much are you being sued for? $1,775 plus 8% interest 4. Who is the original creditor? (if not the Plaintiff) HSBC 5. How do you know you are being sued? Served the paperwork with complaint and civil summons today. 6. How were you served? (Mail, In person, Notice on door) Sheriff 7. Was the service legal as required by your state? Seemingly. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Yes, PRA snail mailed a couple notices. 9. What state and county do you live in? North Carolina. 10. When is the last time you paid on this account? Just under 3 years. 11. What is the SOL on the debt? To find out: 3 Years in NC. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). N/A, yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 Days. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The complaint.Two credit card statements from the original creditor, HSBC, are attached as evidence. One clearly shows the last payment date.Two typed "Assignments and Bills of Sale."A printout with my name, account number, address, phone, and other sensitive data that reads, "data printed by Portfolio Recovery Associates from electronic records provided by HSBC Bank Nevada, N.A. pursuant to the sale of accounts from HSBC to PRA."
  12. I at one time on my CR's had two tradelines reporting the same account number. One was a HSBC credit card and the other was Portfolio Recovery CA. Both had the same account number but different dates. Portfolio was also reporting the account under a factoring company. I tried to dispute with the CR that they were reporting on the same account number and the they were reporting it as a factoring company which I read is a way to make the account look new even if it is not. After the CA Portfolio as verified I decided to take a chance and report them to BBB. I received a letter from Portfolio stating that would delete their tradeline and they did. Well now I have given it sometime to try and dispute the HSBC card. I tried it the CR, OC and now with the BBB trying to have the same result as Portfolio- which I have had with other tradelines. Well, HSBC would not comment on BBB other than they have sent me a letter to the house. The letter has now arrived and they are going to try and request for Portfolio to repurchase the acccount from them. They have already charged off the amount. Can they do this? Being that I have a letter from Portfolio to remove it from my CR's, can they then take the account back over again and put it on my CR as a new tradeline?
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