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How do I deal with HSBC continuing to collect?

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    How do I deal with HSBC continuing to collect?

    I had a credit card with HSBC (Household Bank) that was never late before I filed BK7 and included it in the bankruptcy last December. Throughout the bankruptcy, they have continued to send me bills and nasty collection letters. Just a couple of days ago I got a letter from a collection agency acting on behalf of HSBC. My BK7 was discharged and closed today. I double checked and HSBC was listed on my creditor list.

    I checked my credit reports today and HSBC is reporting that my account still has a balance of about $1700 (it was only about $1300 when I filed BK in December), and that it is 90 days late now. Like I said, it was never late before I filed (maybe 2 weeks late on my filing date).

    I emailed my attorney last week but he's not responding. What else can I do?
    Filed Ch. 7 (no asset): 12/30/2008
    341 Meeting: 01/26/2009
    Last Date for Objections: 03/27/2009
    Discharged & Closed: 03/30/2009

    #2
    Contact the CRA's and dispute the tradeline (HSBC). Include your documentation. If the CRA comes back and said they validated with HSBC. Then contact the OC (HSBC) with the documentation and the CA too. Send all letters CMRRR. IF they will not correct, sue them. It is a violation of the discharge order. This could result in the court awarding you damages for the violation

    Or you can contact your attorney to write to HSBC.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      Talk to the HSBC Collector. Tell them the debt was discharged in Bankruptcy and you want either a FAX number or correspondence address to send a copy of the Discharge Injunction to them.

      Also, make sure you follow up with your lawyer. They tend to forget about their clients, once the case is closed.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        JustBroke - don't you want the OP to win against the OC and the CA for the violation?
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

        Comment


          #5
          Originally posted by StartingOver08 View Post
          JustBroke - don't you want the OP to win against the OC and the CA for the violation?
          I was trying to be nice.

          But first, the OP needs to put the OC/CA on notice. The general guideline (more than a rule), is that you warn them once in writing and include the copy of the Notice of Bankruptcy and/or the Discharge Injunction. If they continue to collect after that... THEN YOU POUNCE!!!
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            Originally posted by WorkingItOut View Post
            I had a credit card with HSBC (Household Bank) that was never late before I filed BK7 and included it in the bankruptcy last December. Throughout the bankruptcy, they have continued to send me bills and nasty collection letters. Just a couple of days ago I got a letter from a collection agency acting on behalf of HSBC. My BK7 was discharged and closed today. I double checked and HSBC was listed on my creditor list.

            I checked my credit reports today and HSBC is reporting that my account still has a balance of about $1700 (it was only about $1300 when I filed BK in December), and that it is 90 days late now. Like I said, it was never late before I filed (maybe 2 weeks late on my filing date).

            I emailed my attorney last week but he's not responding. What else can I do?
            Since he didn't answer you're E-Mail call his/her office and request to speak with them directly.

            pretend you're a bill collector and call every hour on the hour.
            You paid them alot of money they owe you until this thing is taken care of in full.

            Thats what I would do just my 2cents.
            Filed July 7,2009
            341 August 24,2009 (completed)
            Discharged 10-28-09(Thank You Lord.)
            Case closed 10-29-2009

            Comment


              #7
              Originally posted by justbroke View Post
              I was trying to be nice.

              But first, the OP needs to put the OC/CA on notice. The general guideline (more than a rule), is that you warn them once in writing and include the copy of the Notice of Bankruptcy and/or the Discharge Injunction. If they continue to collect after that... THEN YOU POUNCE!!!
              Good! I think the OP deserves a little start up fund after the Ch 7 filing and having to continue to take this baloney from HSBC! They are one of the worst creditors and now that they are having problems they have gotten even worse in their collections!
              Filed CH 7 9/30/2008
              Discharged Jan 5, 2009! Closed Jan 18, 2009

              I am not an attorney. None of my advice is legal advice in any way..

              Comment


                #8
                Originally posted by StartingOver08 View Post
                Good! I think the OP deserves a little start up fund after the Ch 7 filing and having to continue to take this baloney from HSBC! They are one of the worst creditors and now that they are having problems they have gotten even worse in their collections!
                Their gonna love me if i can ever find a way to strip my $240K HELOC
                Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

                Comment


                  #9
                  Originally posted by albacore44 View Post
                  Their gonna love me if i can ever find a way to strip my $240K HELOC

                  I hope you can do it! Then I hope they violate the automatic stay and owe you big bucks!!
                  Filed CH 7 9/30/2008
                  Discharged Jan 5, 2009! Closed Jan 18, 2009

                  I am not an attorney. None of my advice is legal advice in any way..

                  Comment


                    #10
                    Thanks everyone!!!! I will send out my first letters with documentation tomorrow and see what happens. I'll keep you posted.

                    And yes, a little post BK emergency fund would be very nice. LOL!
                    Filed Ch. 7 (no asset): 12/30/2008
                    341 Meeting: 01/26/2009
                    Last Date for Objections: 03/27/2009
                    Discharged & Closed: 03/30/2009

                    Comment

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