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Dismissed with prejudice and not liable whats the point?

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Anonymous
Not applicable

Dismissed with prejudice and not liable whats the point?

Early 2013 I found out by junk mail I was being sued by someone. No clue as to who or why as I had not done anything to anyone. Called county clerk office was told that I was being suid by such and such collections and the law firm that was to be in court. I had NO clue about this HSBC card opened in 2008 and no clue what to do! I got online and hired my own attorney. They settled with me on a dismissed with prejudice. Also stating in the release (because it released all parties from any debt collections or to be taken back to court. This still reports as derogatory negative information on two of the CBA. Also the creditor said the where not reporting on it and to contact the collection. Well my account with them was deleted and closed and they also gave me an AUD number from April 12,2013 to all three for removal and dismissed with prejudice. My question is why bother when it clearly says deragatory CO or sold to another lender and HSBC still reports it. When I disputed the accuracy on it it even started reporting on it again. Also before I sent the court documents HSBC responded with a letter stating they would have it put BACK on my expiran as it was reporting but not negativly. And adjust tradelines with the other two. WHAT?? I found my court papers and then sent them in response to my complaint on the Consumer Finance page. Waiting to hear. Apparently HSBC thinks Cavalry needs to be contacted and I have told them as much that the company did the right thing and also reported it to the three CBA with the AUD number in 2013. Maybe I am wrong, maybe despite the release of all parties being liable and dissmissed it can just be reported as derogatory and that is the term used on my report from Trans. Says closed charge off under negative items on Equifax. Even when they just said there is not an HSBC reporting . There is because I have disputed it. When called to ask how it was disputed I was yelled at and then told by a computer to verify name and SS well sure yeah I imagine it would but did you call HSBC if you did then they would have told you to call Cavalry no? If they did that then they would know all of this. I was late to say the least in finding out about the card because the address they both had I did not live at due to military moves. However always had a forwarding adress and CBA had it. Maybe I am just plain wrong with this and they can put anything derogatory even when you do get a judgment and release of responsibility. My SOL is six years this falls off next year being year 7 its the principles and the nasty on my reports from getting any sort of good rates. Mind you I had no debt at the time as my husband and I paid it all off. Now I have a few cards and never late never been late on his for 19 years. I have had probably five letters from various government and retail or banks with reguards to my information being compromised. Since I had nothing I just threw them away not even thinking of identity theft or even family using me. There is certainly one on my CBA now. I suppose I have no case against the CBA and just have to take them doing this to me. So whats the point in even bothering if you get the same negative result. I want to mention that a week before I found out I was being sued my DH left for a year. That night my father died. Then I was hit with this. The last thing on my mind where anything but letting my attorney deal with it. I did what he asked of me as I thought that is what they do. I have never hired one before. Sure I could or should have went to the police station but why? From 2008? I thought well that looks bad I dont do it till I am sued? Well honestly I had no idea about the darn thing.



Message 1 of 4
3 REPLIES 3
Anonymous
Not applicable

Re: Dismissed with prejudice and not liable whats the point?


@Anonymous wrote:
Early 2013 I found out by junk mail I was being sued by someone. No clue as to who or why as I had not done anything to anyone. Called county clerk office was told that I was being suid by such and such collections and the law firm that was to be in court. I had NO clue about this HSBC card opened in 2008 and no clue what to do! I got online and hired my own attorney. They settled with me on a dismissed with prejudice. Also stating in the release (because it released all parties from any debt collections or to be taken back to court. This still reports as derogatory negative information on two of the CBA. Also the creditor said the where not reporting on it and to contact the collection. Well my account with them was deleted and closed and they also gave me an AUD number from April 12,2013 to all three for removal and dismissed with prejudice. My question is why bother when it clearly says deragatory CO or sold to another lender and HSBC still reports it. When I disputed the accuracy on it it even started reporting on it again. Also before I sent the court documents HSBC responded with a letter stating they would have it put BACK on my expiran as it was reporting but not negativly. And adjust tradelines with the other two. WHAT?? I found my court papers and then sent them in response to my complaint on the Consumer Finance page. Waiting to hear. Apparently HSBC thinks Cavalry needs to be contacted and I have told them as much that the company did the right thing and also reported it to the three CBA with the AUD number in 2013. Maybe I am wrong, maybe despite the release of all parties being liable and dissmissed it can just be reported as derogatory and that is the term used on my report from Trans. Says closed charge off under negative items on Equifax. Even when they just said there is not an HSBC reporting . There is because I have disputed it. When called to ask how it was disputed I was yelled at and then told by a computer to verify name and SS well sure yeah I imagine it would but did you call HSBC if you did then they would have told you to call Cavalry no? If they did that then they would know all of this. I was late to say the least in finding out about the card because the address they both had I did not live at due to military moves. However always had a forwarding adress and CBA had it. Maybe I am just plain wrong with this and they can put anything derogatory even when you do get a judgment and release of responsibility. My SOL is six years this falls off next year being year 7 its the principles and the nasty on my reports from getting any sort of good rates. Mind you I had no debt at the time as my husband and I paid it all off. Now I have a few cards and never late never been late on his for 19 years. I have had probably five letters from various government and retail or banks with reguards to my information being compromised. Since I had nothing I just threw them away not even thinking of identity theft or even family using me. There is certainly one on my CBA now. I suppose I have no case against the CBA and just have to take them doing this to me. So whats the point in even bothering if you get the same negative result. I want to mention that a week before I found out I was being sued my DH left for a year. That night my father died. Then I was hit with this. The last thing on my mind where anything but letting my attorney deal with it. I did what he asked of me as I thought that is what they do. I have never hired one before. Sure I could or should have went to the police station but why? From 2008? I thought well that looks bad I dont do it till I am sued? Well honestly I had no idea about the darn thing.




If the account was fraudulently opened in your name then use FCRA 605B (ID Theft provision) to get it removed. No need to deal with the OC or any CA....

Message 2 of 4
Anonymous
Not applicable

Re: Dismissed with prejudice and not liable whats the point?

I get that part. However I assumed it would have been removed with the release and judgement. I was wrong and waisted money on an attorney.
Message 3 of 4
Anonymous
Not applicable

Re: Dismissed with prejudice and not liable whats the point?

Do other people have this issue or just me lol. I was most definatly misdirected however like I said I was a basket case and grieving the last thing I needed was that lawsuit. So I let him handle it and went on with my other issues. Matter of fact I did not even pull a report if I did I did not print it. Now I have a folder of my reports letters reciepts and phone calls. I have an idea about who was living with us around then but they are deceased now. I just thought if you where released from a debt in a court document and had the judgment that meant you are off the hook and proved your case. Apparently not it seems. Like I said SOL and all that but still reporting negative. I can not begin to explain the days I have waisted on this mess lately. I am always on the phone never seeing my kids till bed time. Is it worth it if it is foing to fall off next year anyway? I have no intention of trying to get anything using my reports for another two years. I just paid off one card and such I just hate to see it there when I was ignorant to how to deal with the situation. And even reprting it on CBA brought my score down 22 points. Like what? I always was under the assumption they where there to help you and fairly and accuratly report things. I was not correct. Equifax in particular who says one thing one day and something else the next. The judgment is worthless why people bother is beyond me. Same outcome. Also I did not have a lot of time to look into the collection or misuse of info as I had not a clue much less a card or account number. I also have a mans name same as my father. So could be that idk despite that my question is why do we have this system of judgment when it is useless. I guess so you do not get sued again? Well that was not my issue my reports where my issue and still are.
Message 4 of 4
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