HSBC and Capital One

[Pheasant Gunner]

My credit report shows a open collections account from a bill collector with the original creditor is Capital One Card Services with a open date of 10/10/2012.

In my paid collections it shows a bill collector summary with HSBC as the original creditor with a open date of 10/15/2012, and it closed with a zero balance.

If Capital One Card services purchased HSBC accounts a few years ago and last year the HSBC was paid off isn't this illegal. 

[willingtocope]

Did you pay off HSBC? 

[Pheasant Gunner]

Yes I settled for a lower amount.

[willingtocope]

Did you pay HSBC directly, or some collector?  Do you have the settlement agreement in writing?  Does it say "Paid in full" or "Settled for less than the full amount"?

[Pheasant Gunner]

It was Cach LLC collector and I have paperwork where it was settled for less than the full amount. 

[BV80]

On 5/25/2016 at 8:59 AM, Pheasant Gunner said:

My credit report shows a open collections account from a bill collector with the original creditor is Capital One Card Services with a open date of 10/10/2012.

Is "open" listed as "status" or "type of account"?

[Pheasant Gunner]

It's showing, "Status: D-Unpaid

[Clydesmom]

I would dispute this with the credit bureaus as "Paid to previous owner" and submit the documentation showing the debt was paid.  I would also send an intent to sue letter to the new junk debt buyer who purchased this and reported it without verifying the debt was accurate and ask them how they would like to pay me.

[Pheasant Gunner]

This will be interesting. Today I have a status conference call through local court on the debt collector whom claims they own this account. I have asked in interrogatories to verify this ownership of said account with a 28 day response time and it has been over 2 months and I have not heard a thing.  Recent Credit Report 5/26/2016

Credit Report/ under collections

Debt. Collector Name with Agency Address

Date Reported 4/2016 / Date Assigned 10/2012/ Creditor Classification: Retail/Creditor Name: Capital One Card Services Inc. Account # xxxxxxxxxxxxx,

Account Owner: Individual Account / Original Amount Owed: $1,112 / Date of 1st Delinquency: 3/2012 / Balance Date: 4/2016 / Balance Owned: $1,580

Last Payment Date: Not Available / Status Date 4/2016 Status D-Unpaid Comments: Customer disputes this account information.

 

Debt. Collector Name with Agency Address

Date Reported 7/2015 / Date Assigned 10/2012 / Creditor Classification:Banking / Creditor Name: HSBC Bank Nevada N A ITS A / Account # xxxxxxxxxxxx

Account Owner: Individual Account / Original Amount Owned $2,412 / Date of 1st Delinquency: 3/2012 / Balance Date: 7/2015 / Balance Owned $0

Last Payment Date: 6/16/2015 / Status Date: 7/2015 / Status: P-Paid / Comments: Consumer disputes this account information, Account paid for less than full balance.

 

Account #'s are different for each entry.

[kraftykrab]

OK, I would check your state laws regarding discovery.  If there is a certain amount of time in which they have to respond to discovery requests, and they have not responded in that time, you need to know what your state requires you to do next.  Some states require a meet & confer, which is you contacting the plaintiff's attorney about the fact that they have not responded to discovery.  Other states allow you to go right to filing a motion to compel with the court, stating that they received your discovery request on (date), and have not responded.  This is you asking the court to order them to comply. 

 

Regarding the info you posted above, it appears to be two different debts, at least on its face.  The dollar amounts are different, but the balance dates are also different.  You need to bridge the gaps if this is indeed the same account.  How much was the debt in total when you settled, and how much did you pay for the settlement?  The account numbers can be different, usually the number will change when the account changes hands.  For example, one entry says that the balance as of 7/2015 was $2412.  The other entry says that the balance as of 4/2016 was $1112.  That's a difference of $1300 exactly.  So, let's say for example that you settled this account for $1300, and you paid that amount to CACH some time between those two dates.  That would be a great way to bridge the gap between these two entries.  It COULD still be just coincidence that the dates and amounts would line up so neatly, but not very likely at all.  The goal there would be to find out if these indeed are supposed to be different reportings of the same debt.  It's also possible that this is two different debts being reported.  You need to try to find out for sure.

 

Clydesmom suggested sending an ITS letter to the current debt collector.  I would go one step further.  If CACH settled with you, and this is the same account, then the only way a new JDB would have it is if CACH settled with you and then chose to sell an already settled debt off to another collector.  CACH would have done wrong there.  Once they agree to settle the account, that's the end of that account.  If they then sell it off to another debt collector, then they have misrepresented the amount due and the status of the debt, and that violates the FDCPA as well.  Who is the new debt collector that's suing you?

[Pheasant Gunner]

The balance dates are different due to me settling with HSBC last year, Cach LLC.  The Bureaus Investment Group is suing on the Capital One Card and that is why its most recent.

Fridays status Conference with The Bureaus went OK. The Judge ordered a reply by final status conference on June 24th, 16. The lawyer confirms that it is having a difficult time finding the paper work. He mentioned that they are considering closing the complaint. Judge mentioned that I should mail the attorneys with The Bureaus a copy of my credit report showing the paid collections with CACH LLC. with HSBC original collector. If I do this then that is my Exhibit for ITS letter to The Bureaus and or CACH LLC. is exposed.

I am considering sending The Bureaus a letter asking them to vacate this complaint with the Courts and the Big 3 CA. for starters. Please advise.

[nobk4me]

I would suggest you consult a consumer attorney.  I have used this firm in Ohio, with success, for FDCPA violations:

 

http://www.fairdebtcollectionhelp.com/

 

I think you have a violation here.  If you SETTLED the debt with CACH, it should have been extinguished.  It should not have been sold to another JDB.