Can anyone help/advise me on this issue re HSBC / Rooms to Go?

[Anonymous]

Can someone help me out or point me to what post I should be looking at (with a sample letter)?  I am a little overwhelmed by all the info... 

 In Fall 1999, I filled out a credit app @ Rooms to Go as I was planning on moving from student housing to my own apartment (I was in college).  However due to the injury, I was forced to stay in student housing b/c I coudn't work obviously.  So - I never got any furniture from Rooms to Go, nor did I ever get a credit card from them.  In 2003 or so, I saw a credit account on my CR from HSBC (previously Retail Services, Household Retail Services, etc) and I have been disputing it every since to no avail.  I wrote numerous letters over the years to Rooms to Go and whatever company was reporting the debt and never got a response.  I have made copious amounts of phone calls, always getting transferred around the globe, usually ending up in India.  I always get frustrated and give up.  I started trying again this year.  At one time I was transferred to someone in their security department who told me that I needed to go back to TN (I now live in FL) and file a police report (for 1999!!!).  Then they transferred me to India and the person there told me that they could not provide me with anything but a copy of the application that I filled out... that copies of statements which were supposedly sent would cost me $5 per statement dating back to 1999 (I never rec'd a single statement mind you) and they could not provide me with a copy of the sales receipt or delivery receipt.  I asked where the furniture was delivered and they gave me the address of the student housing (which was fully-furnished and you could not bring your own furniture to!).  Anyway, finally in Oct of this year I got a response from them w/ only the copy of the application I filled out in 1999.  Then this month I got a statement from them (my very first one!) that had "Rooms to Go" across the top and it referenced two things that were purchased - TWO REFRIGERATORS!  A $3300 refrigerator in 1999 and a $350 refrigerator in 2003.  Now, I have never in my life bought a refrigerator but not only have I never SEEN a $3300 refrigerator, but I am pretty dang sure that Rooms to Go does not sell refrigerators at all.  In 2003, HSBC changed the way it reported on my credit from reporting as delinquent to reporting as "paid as agreed" with a $0 monthly payment but an outstanding balance of $3720 or so.  I also have 2 other HSBC accounts (a credit card and an installment account from Kane Furniture that is Beneficial/HSBC) so why on earth would they give me credit if I had an account w/ them that I supposedly opened and never paid?  I am so frustrated and confused by this whole thing and have talked to some credit counselors but they didn't know what else to do b/c I have done everything that they would suggest already.  I don't have $ for an attorney right now.  Any suggestions???

Thanks so much for your assistance and any insight, I have been researching online what I should/could do but I haven't found anything exactly along the lines that I am looking for yet and I just got overwhelmed w/ all the info.

Jen

[Anonymous]

Have you called the PD in the school town to see if you could file over the ohone or via mail?

Call the FBI and start the process with them  http://www.fbi.gov/publications/financial/fcs_report2006/financial_crime_2006.htm#Identity

If the account is with a CA then DV them.  If it is with an OC - dispute, wait for the results then PM me for the OC letter (it asks for an investigation rather than validation).

File a complaint with the the state banking commission where they are located.

Where were the fridges delivered? follow up with the company that they were purchased from...

[Anonymous]

Scarlet:

I don't know how to PM - I tried clicking your name and that didn't work.

I talked to someone in Knoxville, TN about the police report thing and he said they would not take that type of report from so long ago.

The account is not w/ a CA.  HSBC is the "original creditor" - but the name has just changed several times over the years from Household Retail to Retail Services to HSBC.  The merchant is Rooms to Go. 

It is not an identity theft issue - its a false records issue.  I filled out an application with them.  I never got an approval letter, credit card, or anything like that.  They allege that they delivered furniture (refrigerator?) to a dorm room address.  I have disputed w/ the CRAs, and have sent numerous letters to HSBC/Rooms to Go.  Unfortunately, I lost the majority of those when I moved, but I still have the one from July 07 which they just responded to in Oct 07.  They sent me a copy of the application I filled out and that is it.  I called them and they told me that if I want copies of past statements that they allegedly sent, that I have to pay $5 each.  They will not provide me with a copy of the sales or delivery receipt for the furniture that was allegedly purchased.

I have contacted Rooms to Go and they said they don't have records that old that I would have to get it from HSBC.  And thus, the circle continues.

If anyone can help me, I can email you a copy of what HSBC sent me, including the bogus statement I just got which was the first one ever. 

Thanks,

Jen

[Anonymous]

ORIGINAL CREDITOR LETTER

Company

Address

Address

Date

Re: Acct #xxxxxxxxxxxxxx

To Whom It May Concern:

I recently pulled my credit report from Experian, Equifax and TransUnion and noticed this account was listed on each of my reports as a collection I immediately disputed this information with Experian, Equifax and TransUnion and the results of the investigation came back as "verified

Since I have disputed the account with the credit bureaus, and you have verified them, I would like to see what sort of records you have for this alleged account. Under the new FACTA laws, you are required to conduct an investigation on this account, and I am now requesting it.

In order to clear up this matter, I would like to see:

Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account

 If you don't respond with the results of the investigation (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information. At this point, you would also be in violation of the FCRA merely for not responding within the 30-day period.

Please send all correspondence to:

Name

Address

Address

Sincerely,

DO NOT SIGN......JUST TYPE NAME

 OC are not subject to FDCPA (which is for third partydebt collectors).  Thay are subject to FCRA    http://www.ftc.gov/os/statutes/031224fcra.pdf   once they have verified and to FACTA http://www.privacyrights.org/fs/fs6a-facta.htm

Sneaky - but a lawyers way of dealing with an OC

[SmartCookie]

www.naca.net

See if you can at least get a free phone consult or if someone will take this on pro-bono if you sue them for violations.

[Anonymous]

Scarlett:

The letter you posted says "this account is listed as a collection" - however the HSBC account which I am having problems with is not in collection status, or a charge-off.  It is listed as "pays as agreed" - and the monthly payment is "0.00" however there is an outstanding balance of $3720.  Whenever I apply for financing on something, they want to include that $3720 in my debt-to-income ratio and the creditors are using a 10% payment on it because it says "0" so are saying that it is a $372/mo. payment.

Are they required by law to send me this info:

Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account

If so, I would like to state that.

Thank you kindly for your assistance.

[gklgattis]

I have a contact name for the dispute department at HSBC Retail.  You should write a letter stating the charge (s) are unauthorized and you have been trying to resolve this for a very long time.  There is no time limit to dispute an unauthorized charge and they are required to assist you.

Please let me know if you are interested in receiving the contact name.