dazedandcofused Posted May 1, 2010 Report Share Posted May 1, 2010 I am new to this whole thing, and am looking for some advice.My wife just got served by main street acquisitions. Original creditor was HSBC. The amount on the summons is $3500. The card only had a $1500 limit.My wife was working with HSBC, paying what she could. Guess it wasn't good enough. Every time she would pay, they would just tack on another over the limit fee, further snowballing the debt out of control. Now this.Main street acquisitions bought the debt, have had no contact with us until I answered the door last weekend to a nice guy who handed me papers. The question is ..what to do next?My wife contacted the attorneys handling the case, and they agreed to send out a stipulation for her to sign, along with a payment plan.I contacted a debt relief company called Western States Financial. They are registered with the BBB, and check out ok. The only problem is, to get this process started, is going to be close to $800 now, which we don't have. This includes the fee for services, court costs, and the required amount to serve Main Street Acquisitions.Should we just submit to the stipulation sent out, or is this something we should fight? Any help will be appreciated!! Link to comment Share on other sites More sharing options...
willingtocope Posted May 1, 2010 Report Share Posted May 1, 2010 Stay away from the debt fixer...they're all scams.Do not sign anything from the junk debt buyer. You owed HSBC money...you don't owe the JDB anything. They paid pennies on the dolllar for the right to hassle you. Were the "papers" a summons? Offical court stamp? If not, find a www.naca.net lawyer in your area...these people have committed a serious violation of the FDCPA (see the link above).If it is a summons...read the forum on "arbitration". Me, personally...I would never pay a JDB anything unless ordered by a court. Link to comment Share on other sites More sharing options...
ADSOFT Posted May 1, 2010 Report Share Posted May 1, 2010 First of all don't sign anything otherwise you are screwed. They are trying to get a contract with you. At this point your contract is with HSBC bank.You will learn that it's hard to prove that you now have a contractual obligation with the company who bought the debt, but if you sign, then you do. You have to file an answer. Deny everything and state that you have contractual obligation with the plantiff who claims to be an assignor to the debt.We will later show you how make them prove that your are obligated to pay them, in most cases it's hard for them to establish an obligation with you.Concentrate on filing an answer, deny all amounts. You can even deny that you have an an account wit HSBC depending on how it was worded, if it states sometime around some date you entered a contract, deny it, because don't remember exactly, they have to produce a bill and statements.What I would do is: Deny everyting, usually they are misrepresenting the debt, hence you can always talk your way out of allegatons.DON'T SIGN ANYTHIING. Link to comment Share on other sites More sharing options...
ADSOFT Posted May 1, 2010 Report Share Posted May 1, 2010 Stay away from the debt fixer...they're all scams.Do not sign anything from the junk debt buyer. You owed HSBC money...you don't owe the JDB anything. They paid pennies on the dolllar for the right to hassle you. Were the "papers" a summons? Offical court stamp? If not, find a www.naca.net lawyer in your area...these people have committed a serious violation of the FDCPA (see the link above).If it is a summons...read the forum on "arbitration". Me, personally...I would never pay a JDB anything unless ordered by a court.Wow, you said everyting I said with alot less words. Good job. Link to comment Share on other sites More sharing options...
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