Please evaluate my OC Investigation Demand Letter... thanks!

[Anonymous]

December 13, 2007

Via Certified Mail, Return Receipt Requested

HSBC NV d/b/a Retail Services

PO Box 15521

Wilmington, DE19850-5521

Re:    Account No.: XXXXXXXXXX, Alleged Debt:  $3719.72, Investigation Demand

To Whom It May Concern:

I recently requested and reviewed my credit reports from Experian, Equifax and TransUnion.  Upon review of same, I found that HSBC NV is reporting the above-referenced account to each of the credit reporting agencies.  I immediately disputed this information with Experian, Equifax and TransUnion and the results of each inquiry were returned as “verified.” 

Because I have disputed the account with the credit reporting agencies, and HSBCNV has verified them, I am entitled to any and all records you possess for this alleged account.  Pursuant to the Fair and Accurate Credit Transactions Act (“FACTA”) and Fair Credit Reporting Act ("FCRA"), you are required to conduct an investigation on this account upon request.  By copy of this correspondence, I am officially demanding an investigation of the above-referenced account.  Therefore, please forward, within 30 days or prior to January 12, 2008, any and all documentation pertaining to this account, including, but not limited to:  complete account history, sales receipts, proof of delivery, all statements, records of activity, payments, collection attempts, charges for collection activity, and correspondence sent or received.

Should you not respond with the investigation results prior to the aforementioned date as required per the FCRA, I will assume you have no documentation of this matter and are therefore negligent in providing the credit bureaus with the information.  By failing to respond, or not responding prior to the January 12, 2008, you will also be in violation of the FCRA for failing to comply with the thirty-day response period.  I remind you of this because you are already in violation of the FCRA as I sent HSBC NV a similar request via certified mail in July 2007 yet did not receive a response from your office until October 12, 2007, well past the thirty-day response time mandated by the FCRA, and grossly deficient of the materials you are required to provide pursuant to the FCRA. 

Please forward the investigation results and all future correspondence to:

<me>

Sincerely,

<me>

[SmartCookie]

Quick question... because that looks an awful lot like a DV and if you are within SOL might cause a lawsuit to collect...

Did you MOV the verified CRA disputes? 

Is HSBC attempting to collect?  If so, directly or thru a CA?

[Anonymous]

Its not my account.  Its not in collection.  Its listed as "pays as agreed" with a $0.00 monthly payment and the $3719 outstanding balance. 

I filled out an application at Rooms to Go in 1999, but never got a card, never got any furniture, never got acceptance/denial letter, never got any statements, etc.  In 2004, it showed up on my credit.  I have disputed w/ Rooms to Go and the Oct 07 letter they sent just had a copy of a front page of the credit app that I filled out, nothing else.  They won't provide me w/ proof that furniture was purchased or delivered.  (I lived in a dorm, that's why they can't - but if I ask them where furniture was delivered, they state the dorm address because that is whats listed on the application... I was thinking of moving to an apartment out of the dorm which is why I filled out the furniture app, then decided not to do it).  They also won't give me statement copies that they allege they sent, they told me on the phone that I have to pay $5 each for them if I want them. 

Now since the Oct 07 letter they sent, they have sent me to "statements" that show in October 2003!!! that TWO REFRIGERATORS!!! were bought, one for $3367 and one for $352.  (I have never bought a refrigerator!)  But, they were showing on my CR that the account was opened 1999, however now on these statements they are showing the purchase was made 10/03, so that is re-aging. 

I just want all documentation they have so I can either get it off my report or find an attorney that will take this on a contigency basis b/c I am a law student and don't have the money to pay an atty right now.  (And no, as a law student, I don't really know enough to fight this on my own - I have been trying since 04 w/ no luck).

Thanks for your help.

Jen

[SmartCookie]

Ah I remember you now.  I just glanced over your old thread.  There are several ways you might want to approach this and all the advice is good.

The letter in and of itself is not bad and there is a chance they might take it seriously and not reply with a response of telling you they are not required to DV (even though this is not really a DV letter).

What I would do is to contact ww.naca.net as my first step and see if someone will take it pro-bono for a law student, or on contingency since I do see a lot of potential violations...you might be suing for several thousand dollars.

You should MOV the verified disputes.  I also recommend a complaint to the appropriate AGs and the FTC.  This is actually your account due to the app, but that does not mean any and all charges on it are not fraudulent and yours.

But I would hold off on sending the letter until you contact someone at naca.net.  You might get a lawyer there who will send it for you, or they might recommend a different approach.   You might also consider a police report if you can obtain one... possible mail theft if Rooms to Go actually sent you anything from HSBC back in 1999.  Police reports never hurt with straightening this sort of stuff out...especially with the CRAs.

Call naca. 

[Anonymous]

the main reason that i want to send a letter now is that according to the first statement they sent me in november, my 60 days to dispute the debt is almost up.  on the back of the statement they sent, it says i have 60 days to dispute any incorrect information. 

i had contacted an attorney back in october when they first sent back a letter w/ just a copy of the application, and he basically screwed around and wouldnt get back to me, so now i just want to send something so i can preserve my 60 day period, get what info they have, so i can proceed.

i did go and speak to my friend that is a police officer about making a report... he said that it would be difficult to make a report back from 1999 in tennessee (since i am now in florida) - but that if i wanted to try to do it, i would need exactly what merchandise was purchased/taken and where it was delivered to.  HSBC will not provide me w/ any of this information - i have called them dozens of times and i usually get the run around and end up talking to someone in india.

i am so frustrated.  i will call naca, i just dont think i will be able to get someone to write before the 60 days is up (dec 19) since its the week before christmas.

thanks again,

jen

[Anonymous]

go to www.ftc.gov    get a phone # and call with a complaint for fraud!

See if you can get a fraud report from the police where you live. You didn't know about this until you pulled your report so it should put it in their district.

You also need to add to this letter that the charges are fraudulent!!!!  That should put it in the fraud dept. of the creditor.....they all have these dept. and they work different then just complaints.

IF they do not respond within 30 days OR send another letter stating that you have to pay.....get an attorney!!

Send a letter to all CRAs that are reporting stating that this is a fraudulent account!! I have notified the OC (see attached letters) Please delete!.....................also state that you have filed a complaint with the your state AGs office and the FTC.    and do it!

also send copies of BOTH letters (the first & this new one) along with copies of cert.# paper and GC.

IF the CRAs still verify it...MOV  them...................you can not sue until you MOV.

Message Edited by HappyDays on 12-17-2007 10:15 AM

Message Edited by HappyDays on 12-17-2007 10:16 AM

[SmartCookie]

Ok it was not clear that they were not just reporting, they are trying to collect.  In that case yes sending something disputing this CMRRR is urgent, pending what happens with naca today.  What I mean by that is that if you get serious assistance quickly thru them... it'd be much better to have the letter sent from an attorney.  Good luck with them and I really hope you have an easy time getting someone free and fast (like today).

If not, proceed rapidly with the OC letter and MOV the disputes with the CRAs.

Glad you checked out the police report situation.  I agree it is hard to file a report after all those years.  At the least though if you need to, they do have to give you a complaint number and that might help.

If you want me to also see if I can get you someone to give you a free phone consult in FL, feel free to PM me.  No promises but I can try... but I would need your real first name (PM'd) and city of residence.

[SmartCookie]

HappyDays wrote:

go to www.ftc.gov    get a phone # and call with a complaint for fraud!

See if you can get a fraud report from the police where you live. You didn't know about this until you pulled your report so it should put it in their district.

You also need to add to this letter that the charges are fraudulent!!!!  That should put it in the fraud dept. of the creditor.....they all have these dept. and they work different then just complaints.

Took it for granted that the companies/agencies would understand this is fraud but HappyDays is on the money... very important to use the F word here. 

Excellent HD!  

I could have had a V-8! <smacks head> 

[Anonymous]

I learned of the account in 2003 when I was still in TN.  I moved to FL in 2004.  I have been disputing the charges since 2003. (I said 2004 before I think, I was thinking of when I moved, not when I started disputing)  I wrote to every corporate representative of Rooms to Go.  I wrote to Household Retail Services, Retail Services, HSBC, etc (the name that it was reporting under kept changing over the years).  In Oct 2003, right after I sent out one barrage of letters, the account changed from being delinquent to being "paid as agreed" with a "0.00" monthly payment and the $3719 balance.  However, I never rec'd any response

Unfortunately, when I moved into my last condo in 2006, I lost some of the boxes I packed, and one of them contained all my correspondence files (to creditors, billing matters, friends, etc).  So I don't have any of the stinkin' letters I wrote prior to last year.  Very frustrating as well.

So - should I write them about fraudulent charges instead of account investigation?  I never got an approval or a credit card from them, so I thought maybe they mixed up the applications and assigned my name to someone's account number or something.  But if I ask them, they say they delivered the stuff to my address (which is a lie).

Jen

[SmartCookie]

No, just a good idea that when you do send that letter you address it to the fraud department. 

This doesn't mean you should not still file those FTC and AG complaints, MOV, and try very hard to obtain counsel.