Amerikaner83

Amerikaner83 vs. HSBC

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Amerikaner83 vs. HSBC

Alrighty Y’all – For my next trick – I’m taking on HSBC. Let me know what you think.

Long story short – this account has never been high on my priority list, as evidenced by the dates in between actions. October 2007, CMRRR §623 letter – unanswered. NOT Updated as “disputed” with all 3 CRAs. January 2008 – Follow up § 623 letter – NOT updated as “disputed” with all 3 CRAs. I get a letter back from them a month later that just says “we have sold your debt, contact Arrow Financial”. Fast Forward to April of 2008. I send them a 15-day §623 letter, telling them to delete or be sued. NOT updated as “disputed” with the CRAs, I get a letter in May saying “we have sold your debt, contact Arrow”.

I have disputed with the CRAs multiple times, and keeps coming back “verified”. So I spend about 20 mins online (Google and the SEC are my friend!) and I find the name, address, phone, fax, and email address of their Corporate Counsel ("Mrs HSBC"). I call her line up tonight to verify it is still active – her voicemail confirms it. Corporate Counsel – HSBC USA.

So now I am at the point where I give them the ITS. I have a wordy version (2 pages) and a short version (1.5 pages). I also have a draft Complaint (3 pages filled out so far, plus conclusion…but the footer says 7. :evil: I am planning on sending the ITS with a copy of the first two pages of the suit.

Basically, I can stretch out to 12 FCRA violations, and possibly 6 violations of the WA State consumer protection act. Doing the total math, comes out to be 24K in maximum Statutory violations…and the FCRA allows for punitive damages as well :evil:

So I figure my “offer of settlement” is a good one for them, don’t you? Below is my wordy ITS:

Dear Ms. HSBC :

This letter shall serve as my notice of intent to file a lawsuit against HSBC in King County, Washington State Superior Court. I have sent 3 letters to your company giving you a chance to correct erroneous information that you are reporting to the 3 major credit bureaus (Experian, Equifax, and Trans Union), and you have done nothing.

On October 2007, I disputed this account and sent you an investigation request per § 623 of the FCRA. This letter was sent on October 29 2007, and received in your offices November 2, 2007 (USPS CMRRR #XXXXXXXX). I did not receive a reply at all, in direct violation of FCRA §623. Additionally, this account was never listed as “disputed” with any credit reporting agency, again violating the FCRA and also violating the Washington State Consumer Protection Act.

In January 2008, I disputed this account again by sending you another investigation request pursuant to §623 of the FCRA. The letter was sent January 4 and received January 8, 2008 (USPS CMRRR# XXXXXXXX). I received a reply a month later that only stated “this debt has been sold to Arrow Financial”, again in direct violation of FCRA §623. This account, once again, was not marked as “disputed”, another blatant FCRA and Washington State Consumer Protection Act violation.

I sent your company another letter dated April 19, 2008 (USPS CMRRR XXXXXXXX), informing your company YET AGAIN that you are in violation of the FCRA by continuing to report an invalid tradeline. In this most recent letter I gave you 15 days to simply delete this item from my credit reports. It has been near 40, and you have not. Once again, the only response from you I get is “this account has been sold”.

Due to your multiple and egregious violations of the provisions of the Fair Credit Reporting Act, you are liable for damages of up to One Thousand Dollars ($1,000.00) for each violation. For your violations of the Washington State Consumer Protection Act, you are liable for damages of up to Two Thousand Dollars ($2,000.00) each. To date, there have been at least 12 documented violations of the Fair Credit Reporting Act and 6 violations of the Washington State Consumer Protection Act, which means the Statutory damages alone total $24,000.00 (Twenty Four Thousand Dollars). I have no choice but to send you this one final letter, along with the first two pages of the lawsuit I will file in Court to show my seriousness and the gravity of the situation. I have no doubt that a Judge will rule in my favor, and award not only the maximum allowed statutory damages per violation, but actual, compensatory, and punitive damages as well.

I will be filing this in Superior Court unless within 5 days from your receipt of this letter I receive:

- A certified check in the amount of Five Thousand Dollars ($5,000.00)

-Written acknowledgement that this invalid tradeline will be deleted forthwith from the files of any and all credit reporting agencies with whom it is currently listed (including but not limited to Experian, Equifax, and TransUnion)

My final offer is above. In the interest of expedient communication, I have enclosed my e-mail address. If I don’t hear from you within the above time frame or my offer is rejected, your next communication from me will quite possibly be in the form of a Summons and we can let a Judge decide the issue.

THIS IS YOUR LAST CHANCE TO SETTLE THIS MATTER OUTSIDE OF A COURTROOM.

GIVE THIS LETTER THE IMMEDIATE ATTENTION IT DESERVES

Let me know what you think. As always, suggestions welcome. I look forward to what Lovebug and others with HSBC issues have to say.

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Honestly Amerikaner as I read it and got to the end for the first time I said " Damn if I got this letter from this consumer I would take this real serious ! " you scared me :mrgreen: most of the time they just ignore us but its all in how you say it and who you say it to. I have always thought that getting deletions and getting the CAs and CRAs, OC' s etc...attention has always been how you approach them. I have gotten several deletes by calling the CRA's and just putting on my acting face and in my mannerism had deletions come my way. Thats a great letter and I am writing a ITS right now to CSC for two reinserts. Hendu gave me the name of a rep who works at CSC ( who you write it to.) Great letter and you found the right person to give it to.....Keep us posted !!

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thanx Tmac.

I'll keep everyone posted, for sure. Probably going to send the letter out UPS Overnight or 2nd day (from work) on Wednesday. Going to sit on it and tweak it for a day or two.

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I like it...

You did an excellent job of keeping your cool and stating the facts rather than letting yourself get upset and spouting off. You lined it all out for them so anyone could understand.

I'm looking forward to finding out how they decide to handle this.

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I

Amerikaner83 vs. HSBC

Alrighty Y’all – For my next trick – I’m taking on HSBC. Let me know what you think.

Long story short – this account has never been high on my priority list, as evidenced by the dates in between actions. October 2007, CMRRR §623 letter – unanswered. NOT Updated as “disputed” with all 3 CRAs. January 2008 – Follow up § 623 letter – NOT updated as “disputed” with all 3 CRAs. I get a letter back from them a month later that just says “we have sold your debt, contact Arrow Financial”. Fast Forward to April of 2008. I send them a 15-day §623 letter, telling them to delete or be sued. NOT updated as “disputed” with the CRAs, I get a letter in May saying “we have sold your debt, contact Arrow”.

I have disputed with the CRAs multiple times, and keeps coming back “verified”. So I spend about 20 mins online (Google and the SEC are my friend!) and I find the name, address, phone, fax, and email address of their Corporate Counsel ("Mrs HSBC"). I call her line up tonight to verify it is still active – her voicemail confirms it. Corporate Counsel – HSBC USA.

So now I am at the point where I give them the ITS. I have a wordy version (2 pages) and a short version (1.5 pages). I also have a draft Complaint (3 pages filled out so far, plus conclusion…but the footer says 7. :evil: I am planning on sending the ITS with a copy of the first two pages of the suit.

Basically, I can stretch out to 12 FCRA violations, and possibly 6 violations of the WA State consumer protection act. Doing the total math, comes out to be 24K in maximum Statutory violations…and the FCRA allows for punitive damages as well :evil:

So I figure my “offer of settlement” is a good one for them, don’t you? Below is my wordy ITS:

Let me know what you think. As always, suggestions welcome. I look forward to what Lovebug and others with HSBC issues have to say.

I am, for sure, they wont ignore this one...whatever the outcome might be.

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::rockon:: ....another Amerikaner adventure. I thoroughly enjoyed the bad check saga, although the ending did leave me feeling a little unfulfilled xThudx. Eagerly awaiting the follow-ups.

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Damn! You write a nice letter! Have them begging for mercy, but show them NO MERCY.

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Well, here we go again; getting up at 2 in the morning because I'm afraid I missed something like the other big thread.

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Well, here we go again; getting up at 2 in the morning because I'm afraid I missed something like the other big thread.

Freak I check this site all the time too as if its my fix and I need it :mrgreen:

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Just Curious , 'Kaner.

I've got HBSC on mine as well, and it's low (for now) on my priority list. They've sold it to Arrow (who I'm going after now).

What was your original DOFD on this? Just trying to put it into perspective with my situation.

Your letter sounds good :)

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I love your letter!!! I also have an account with HSBC BestBuy. it is reporting twice on Equifax with a one digit difference in the account number and was scheduled to be removed from Experian June 2008 but was interestingly updated to show paid in settlement June 2008. Total BS since this account was paid in 2002 and dofd was in 2001. Needless to say, I feel your frustration!!! these guys are real shady jerks. I am n the process of disputing with the cra's and I have also sent a letter to the HSBC legal department! HSBC and Beneficial have been my biggest headache in the process so far! Once they are removed it is smooth sailing!!! Best of luck to you. Keep us posted.

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How did you get this:

Due to your multiple and egregious violations of the provisions of the Fair Credit Reporting Act, you are liable for damages of up to One Thousand Dollars ($1,000.00) for each violation.

From this:

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that connsumer in an amount equal to the sum of

(1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or

(B) in the case of liability of a natural person for obtaining a consumer report

under false pretenses or knowingly without a permissible purpose, actual

damages sustained by the consumer as a result of the failure or $1,000,

whichever is greater;

Doesn't say per violation. Actually, it doesn't say per anything.

One could argue that per violation quota should be allowed but I cannot find any support in the FCRA for this argument.

Is there case law?

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The law says for each failure.... not notifying the CRAs is not one "failure", it's one "failure" for each CRA. And since the statute makes no mention of a "per Action" damage limit, per violation wins it.

I sent my ITS with 2 pages of Complaint today, she'll have it tomorrow morning.

xpopcornx

This one shouldn't be as long as the bad check one :evil:

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The law says for each failure.... not notifying the CRAs is not one "failure", it's one "failure" for each CRA. And since the statute makes no mention of a "per Action" damage limit, per violation wins it.

I'd like to see your legal reference you intend to use in court to substantiate your claim.

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I don't need to.

They failed to perform an investigation. 1.

They failed to notify EQ of disputed status - 2

They failed to notify TU of disputed status - 3

They failed to notify EX of disputed status - 4

FDCPA limits to 1K per action, by specifically mentioning such in the Statute. FCRA does not. I don't have time to read the entire text, but I've seen something (statute, case law, whatever) to back it up.

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I expect you to get a deletion pretty quickly.

I think you will need to push quite a bit harder and serve them to get any $.

xpopcornx

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