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Protection Against Lawsuit

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TryingVeryHard
Frequent Contributor

Protection Against Lawsuit

I just learned that my friend and her mother have multiple lawsuits from debt collectors and original creditors. It made me thinking if it is possible that I can get sued as well. Here is my story:

I had an account with HSBC before. It has a balance of 800+ when I closed it and decided to pay for it in installment. When I was already ready to pay them, that was a week after my college graduation (2007), they have informed me that the account was sold to a CA.

HSBC Account

I tried to work out with the CA, but have found that they have violated my rights. I wrote their legal department to conduct investigation. No reply was received.

I called the General Counsel and was informed that the letter was lost. He sent me a fax letter. In that letter was an apology and a settlement offer. Here is the copy:


I have then again called them and spoke to the General Counsel. I informed him that his letter did not solve any problem and instead introduce another violation. He said he "get what I was saying, and was sorry." He promised not to call again. I have never heard from this collection agency again. The collection agency also did not report any bad rating in my credit report.

I am ready to forget about this account but am worried, is there a way that I can be sued also by HSBC? What should I do to protect myself? Should I try to negotiate to the CA? HSBC would not want to talk to me. HSBC does not want to accept payment too, because according to them the account is no longer in their database.

What document should I keep? Help!
Message 1 of 7
6 REPLIES 6
Anonymous
Not applicable

Re: Protection Against Lawsuit

Options: To declare bankruptcy or wait for SOL to run.  How much hardball do  you want to play?  If they sued could you afford to pay in full to keep from getiing a judgement?  When does SOL expire?
Message 2 of 7
TryingVeryHard
Frequent Contributor

Re: Protection Against Lawsuit

Can CA sue me, or does it have to be the OC that should initiate the action? I am thinking that if CA sues me, I can countersue with the enumerations of their violations and get the $ instead from them (provided they sue within 1 yr of their violation). But if the OC sues, I may be obliged to pay in full, which I think is not too hard to pay, just $1000. But since, they dont want to accept my money right now, and instead wanted me to talk to CA, should I renegotiate with the CA, despite their very well documented violations of my right? bump bump!

Message Edited by TryingVeryHard on 01-31-2008 04:42 PM
Message 3 of 7
TryingVeryHard
Frequent Contributor

Re: Protection Against Lawsuit

bump
Message 4 of 7
Anonymous
Not applicable

Re: Protection Against Lawsuit

In some states a CA can sue!!!!!  They can not in my state of Ct.
 
If this is yours and the DOFD is within your SOL   I would send them a PFD for 50% like they offered.
 
DO NOT CALL them!!!!!
 
If the CA must be licensed in your state are they?
 
Remember every state has different laws for SOL and lawsuits.
Message 5 of 7
Anonymous
Not applicable

Re: Protection Against Lawsuit

Okay, buried in the FCRA is a reg that you can't countersue for violation - it must be a separate action (violations can't negate the debt)  However in relaity - will they fork over $5K or more OR zero the debt forever (including this in writing that the account will be zeroed and deleted from CRs as part of the 'confidential' settlement with you) - yes.  Because they MUST under code pay attorney fees if you win.SO that 5K is even more if it goes to court.
 
get up with an attorney via naca.net and get a sit-down.


Message Edited by Lady_Scarlet on 01-31-2008 08:26 PM
Message 6 of 7
TryingVeryHard
Frequent Contributor

Re: Protection Against Lawsuit

We live in the same state, Happy. I live in Greenwich!

Yes, I will try to negotiate again.
Message 7 of 7
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