[Parents] HSBC Breaking The Law?

[Anon2k9]

Mom and dad were paying on a payment agreement with with a HSBC/Best Buy account. Mom gets a letter claiming they were 10 days late and in violation of the agreement. She calls them and they say the letter is wrong they're a 160 days past due cause they're going to back up and not count the payments on the agreement. Mom tells the woman that she wants to record the call so she can play it back for dad, the HSBC says no and hangs up. Mom calls up and gets the supervisor-- This time she just records without telling them.

The supervisor, proceeds to ask my mother who and what her other credit cards were, balances, account numbers, and monthly payments, the value of the house, the name and number of dad's cardiologist so they could call him and have their legal dept go over his medical records, the cost amound and type of his medications, and if anyone lived with them (Me and wife do, but mom didn't tell HSBC). Mom asked why they needed to know who lived with them, and the woman said so they wanted the monthly income and job phone numbers of all residents in the house as they were going to hold the HOUSEHOLD responsible for the debt. Mom refused saying that she felt as if he privacy was being violated, and that she wasn't comfortable giving out income or job info on anyone but herself and my father without asking the other people first. The supervisor said they were going to mark the account as a refusal to pay and move it to colletions then hangs up.

I might be wrong, but I think HSBC just broke a truck load of collection rules.

[DebtHater]

I might be wrong, but I think HSBC just broke a truck load of collection rules.

Nah, not a truck load, but close.

It's no concern of them to know about other debt or income. If they called the doctor they are violation medical privacy laws (HIPAA). If they want to hold the whole household responsible they can try. Since I doubt the whole household signed on the loan it's not going to happen.

The only thing they likely told the truth on is marking the account as refusal to pay.

Now, moving forward: Since there is a discrepancy of payments on the account I would request a copy of the account for the last six month (minimum) and compare there records with yours. Get out your (hopefully) canceled checks and be prepared to do battle with them. With the canceled checks it shouldn't be much of a battle.

If the checks weren't canceled it should show up in your account as such and write them one check for the past due amount. If this is the case get a cashiers check and sent it to them return receipt so you will have proof they received it.

[helpmeout]

One other thing is that if they mailed the checks and they have not been cashed, they will want to put a stop payment on each one. The creditor may be holding onto it and when they get the cashier's check, they just may "find" the original checks. And cash them.

[Anon2k9]

Checks are cashed, they are simply not going to "count" the payments.

[Flamingo]

Checks are cashed, they are simply not going to "count" the payments.

I don't get this as there is probably more to this than meets the eye...or is just another ploy to try to get payment on the account. The collection folks on the phone use all sorts of scare tactics to try to get people to pay an overdue account. DebtHater gave you good advice as to taking a look at the last six months on the account and go from there...

[Anon2k9]

All the payments are there, the checks are cashed, I help mom go oer the online and paper statements. HSBC just said they're not going to "count" them. Fortunately the BK attorney mom wants to talk to gets back in town in a few days, she can sick him on them.

[Flamingo]

All the payments are there, the checks are cashed, I help mom go oer the online and paper statements. HSBC just said they're not going to "count" them. Fortunately the BK attorney mom wants to talk to gets back in town in a few days, she can sick him on them.

Sounds like a plan to me!