How do I sue a CA?

[earnestbunbury11]

Hi,

 

I has an account with HSBC years ago (2008). The account was closed with a listing on my credit report of 0 balance due and 0 current payment due. I think the card was stolen or I made a payment on it. Well, Capital One bought HSBC's credit cards from them (27 million of them). I think they took every account that wasn't paid in full, sold it to a company that doles out the accounts to lawyers, who then sue people 99% of whom don't answer the summons because they're scared and wind up losing by default and having their stuff repossessed or wages garnished.

 

That's what Capital One did to me. They bought a closed account with a 0 balance from back in 2008, gave it a NEW account number and say the account is charged off and that I owe them $4K+. Here's the thing: I think it's below scummy for them to do something like this to people. Corporations that drove our economy into the ground and have caused countless economic suffering for people years after they defaulted on credit card debts from years ago and are now, in a sense, scaring them with lawsuits so they can pick regular people's pockets of what little they have left.

 

Sorry- rambling. I know I can call the law firm that bought all of HSBC's old files and tell him that he can't 'reset the clock' by giving a new file number to an old account. I know that he lied when he sent me a letter saying he wasn't a debt collector, when he is, by my state's definition. I also know that he can't garnish my wages, and for that matter can't even sue, as the statute of limitations in my state is long passed.

 

Bottom line, I'm SO DISGUSTED with the way these bottom feeders work that, rather than try to get them to take the listing off my credit report I want to sue them. Is that possible? This firm is in another state. I don't really have anything saying I LOST money by having the negative listing on my CRA reports- I mean, I haven't tried to buy a house or a car or anything. is it possible to sue them? And without any actual damages to me, is there a way to ask for money to make them stop doing stuff like this? Any knowledge of anyone suing a company in court and winning? I have asked them twice now to validate the debt and have heard nothing back.

 

When I called them to have the debt validated they said I would have to supply proof that I paid it. I think they should have to prove I owe it. I sent letters to all the CRA's but from past experience I know they will call the CA and say, "Is this debt owed by him?" They will answer, "Um, yeah." the CRA's will say, "Yup- validated." and the whole process will start over and over again.

 

Maybe it's just my testosterone shot is kicking in, but is anyone else on here had any experience with anything like this, or can they give me advice? CAN they restart the clock buy buying the debt from HSBC?

 

Sorry to be so long. Any advice would be greatly appreciated.

[bmfmustang]

So is it with cap one or with a CA?

If with a CA stop calling, send a DV letter.

[earnestbunbury11]

It's with a law firm that bought the debt from Capital One. And I sent a debt validation letter already. No response. I did call them, but was told it was up to me to prove I paid the debt back in 2008. I can't even remember yesterday, much less what BANK I was using back in 2008. But what I'm asking is information about someone who has sued a CA and won.

[bmfmustang]

It doesn't sound like there is a case, but ICANHASMONEY is fairly knowledgable with the legal end of things. Maybe PM?

[Guest]

It doesn't sound like there is a case, but ICANHASMONEY is fairly knowledgable with the legal end of things. Maybe PM?

+1

 

I think she is more than "fairly" knowledgeable. It's IANAL, but she knows everything, IMHO!

 

Sent from my SAMSUNG-SGH-I527 using Tapatalk

[Guest]

I am so DISGUSTED at how they work that I want to sue them

I could be wrong but I do not think that you have any grounds for a suit until you exhaust all of your legal options and they ignore what they are legally supposed to do, possibly even after the CFPB gets involved, and they fail to act.

 

Otherwise, it would be like an atheist saying "I want to sue because thd dollar bills say In God We Trust and that disgusts me."

 

Sent from my SAMSUNG-SGH-I527 using Tapatalk

[earnestbunbury11]

tried to IM her, but it says it's disabled.

[bmfmustang]

 

It doesn't sound like there is a case, but ICANHASMONEY is fairly knowledgable with the legal end of things. Maybe PM?

+1

I think she is more than "fairly" knowledgeable. It's IANAL, but she knows everything, IMHO!

Sent from my SAMSUNG-SGH-I527 using Tapatalk

I hope she doesn't sue me for slander

[bmfmustang]

 

I am so DISGUSTED at how they work that I want to sue them

I could be wrong but I do not think that you have any grounds for a suit until you exhaust all of your legal options and they ignore what they are legally supposed to do, possibly even after the CFPB gets involved, and they fail to act.

Otherwise, it would be like an atheist saying "I want to sue because thd dollar bills say In God We Trust and that disgusts me."

Sent from my SAMSUNG-SGH-I527 using Tapatalk

You have to show they did something against the law to have a case I believe.

[earnestbunbury11]

Show something against the law, yes, that's good advice. Thanks for your input. But I'd really like to meet this ICANHASMONEY. The hushed tones and respect in the way you talk about her is intriguing. I'd bet she'd tell me what to do about them. Who is that masked woman?

[Guest]

Show something against the law, yes, that's good advice. Thanks for your input. But I'd really like to meet this ICANHASMONEY. The hushed tones and respect in the way you talk about her is intriguing. I'd bet she'd tell me what to do about them. Who is that masked woman?

 

She's not a lawyer.

[Guest]

But, yeah.. ICANHASMUNY? is a Forum Lead, and, whatever her profession may or may not be.. knows enough about the law to put most lawyers to shame.

 

I'm thinking she will see this soon and respond to you, OP.

 

She is so good at what she does that it cannot be described in words. And that's not sarcasm.

[earnestbunbury11]

I heard she shot a man in Reno- just to watch him die.

[cv91915]

I heard she shot a man in Reno- just to watch him die.

[ICANHASMUNY?]

Hi,

 

I has an account with HSBC years ago (2008). The account was closed with a listing on my credit report of 0 balance due and 0 current payment due. I think the card was stolen or I made a payment on it. Well, Capital One bought HSBC's credit cards from them (27 million of them). I think they took every account that wasn't paid in full, sold it to a company that doles out the accounts to lawyers, who then sue people 99% of whom don't answer the summons because they're scared and wind up losing by default and having their stuff repossessed or wages garnished.

 

That's what Capital One did to me. They bought a closed account with a 0 balance from back in 2008, gave it a NEW account number and say the account is charged off and that I owe them $4K+. Here's the thing: I think it's below scummy for them to do something like this to people. Corporations that drove our economy into the ground and have caused countless economic suffering for people years after they defaulted on credit card debts from years ago and are now, in a sense, scaring them with lawsuits so they can pick regular people's pockets of what little they have left.

 

Sorry- rambling. I know I can call the law firm that bought all of HSBC's old files and tell him that he can't 'reset the clock' by giving a new file number to an old account. I know that he lied when he sent me a letter saying he wasn't a debt collector, when he is, by my state's definition. I also know that he can't garnish my wages, and for that matter can't even sue, as the statute of limitations in my state is long passed.

 

Bottom line, I'm SO DISGUSTED with the way these bottom feeders work that, rather than try to get them to take the listing off my credit report I want to sue them. Is that possible? This firm is in another state. I don't really have anything saying I LOST money by having the negative listing on my CRA reports- I mean, I haven't tried to buy a house or a car or anything. is it possible to sue them? And without any actual damages to me, is there a way to ask for money to make them stop doing stuff like this? Any knowledge of anyone suing a company in court and winning? I have asked them twice now to validate the debt and have heard nothing back.

 

When I called them to have the debt validated they said I would have to supply proof that I paid it. I think they should have to prove I owe it. I sent letters to all the CRA's but from past experience I know they will call the CA and say, "Is this debt owed by him?" They will answer, "Um, yeah." the CRA's will say, "Yup- validated." and the whole process will start over and over again.

 

Maybe it's just my testosterone shot is kicking in, but is anyone else on here had any experience with anything like this, or can they give me advice? CAN they restart the clock buy buying the debt from HSBC?

 

Sorry to be so long. Any advice would be greatly appreciated.

 

do you have a copy of your old credit reports that shows this as paid, $0 balance?

 

Stay off the phone with the JDB's .

 

you don't have to prove it, you disputed it and requested validation.

 

 

. I know I can call the law firm that bought all of HSBC's old files and tell him that he can't 'reset the clock' by giving a new file number to an old account. I know that he lied when he sent me a letter saying he wasn't a debt collector, when he is, by my state's definition

 

Which Law firm sent you this letter stating he wasn't a debt collector, and what state are you in?

 

who did he state he was collecting for?

 

why don't you post a redacted copy of this letter ( you can type it in, don't use drop box or anything else. )

 

I have asked them twice now to validate the debt and have heard nothing back.

 

Did you send the DV letters CMRR and have the green receipt back?

 

are they currently listed on your credit report , is it listed as disputed ?

 

They cannot continue to report without validation

 

Once you answer all the above questions, ( INCLUDING YOUR STATE ) I can help you with a mother of all FOAD letters. because this account is more that 6 years old, it's likely beyond the SOL for most states.

[earnestbunbury11]

It shows up on my credit report as 'Consumer disputes this account information.' I'm in North Carolina. I sent letters to them, the last one three days ago all certified mail, return receipts on the ones I just sent out, one letter to the first firm and one to the lawyer that they gave, or sold the account to. I think I can handle the letter trying to get them to FOAD, but my question was about a lawsuit. Could I sue? After all, I have told them it's an old debt. And can I make it a class action suit, on behalf of all the people that were suffering through 2008 on and couldn't pay their credit card bills, only to find out years later that some scummy law firms are buying up their debts and suing them, even though I don't personally know any of them?

 

I have NC Senate Bill 954 for the claim that they are not a collection agency, but what part of the FCDRA describes the 'resetting the clock' thing, and not removing the negative listing on my credit reports, and what penalties there are for each? Do they have to validate the way I want? So far they have only sent me the one sheet printout from the countless files they bought from Cap 1 saying my name and amount owed. And yes, I have a copy of a Transunion report where they debt is listed 0 balance and 0 owed.

 

I guess I'll hit a good debt attorney here if they don't remove the listing by the time the thirty days has passed from this last round of letters. I know that I can file a suit myself but really don't know how to do it, although I have seen cases on the internet of people suing debt collectors and winning, and books on Amazon telling you exactly how to do it. I'd like to sue them for resetting the clock, lying by saying they weren't a collection agency, adding a new account number and date to the freshly bought date and lastly, trying to collect a debt they know they can't collect on, which is illegal in NC. Mostly I want to make them stop doing this to all the people that are losing the suits automatically, by being too scared to answer the summons, or show up in court. 'Bottom feeders' is the nicest term I can think of for these guys.

 

I'd rather not say the name of the companies and lawyers involved, as, if I were a scumbag lawyer I'd routinely check these boards for my company's name.

 

Also, thanks for your help, which I might need if another letter is needed. I've read some of your posts and it's fantastic what you're doing. Wish I had time to help, and I'll do what I can though clearly not as much as you. I am a man and, as every woman knows, am inherently lazy, but inspired by you; beginning to think you were just a legend, like Santa Claus, fairies, or microwave burritos that don't give you diarrhea.

[ICANHASMUNY?]

the CA re aged the debt showing a different fall off date or DOFD?

 

or was it Captial One?

 

that's a violation also.

 

sometimes having their names posted on a credit board is a good thing for consumers

 

File a complaint with the CFPB. ask for monetary relief

[earnestbunbury11]

CFPB. Thanks, ICAN.