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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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The will take a little while to explain my problem, so bare

Customer Question

The will take a little while to explain my problem, so bare with me...We have had our mortgage financed thru HSBC since November of 2006. Stated in our contract that if we make 12 months of payments on time, that starting with the 13 month, the payment would lower...In November of this year starting our 6 year with HSBC at not being late on any payments from day one, our payment had not lowered any at all..I wrote them a letter stating such and a copy of the contract to back it up...a couple of weeks went by, and we received a call on a Sunday morning prior to church that we were over$19,000 behind on our mortgage and they were wondering how we were going to get it caught up. We told them that can't be, in fact we are a month ahead on our payments, paid thru till January of 2012...we went to church, and got another phone call that same afternoon from HSBC again, but a different person..we explained to them again that this can't be...we went on line to our account on HSBC, and there it was, stating that we were paid up till January of 2012, but it said the next payment would have to be $19,000 and some change...we called HSBC and received yet another person to explain what was going on. We then asked to speak to a manager. In speaking with a manager, she said that, yes, we received your letter and the what you see on line is us working on your problem, not to worry about it...we said OK and didn't think to much of it for a week or so, then we received a registered letter in the mail, stating that we had to pay the $19,000 by a certain date or we would be foreclosed on, another letter stating that since we were in default all of our insurance had lapsed and no longer had coverage...we had bought a new truck in October and the dealer ship and run a credit check on us and our credit score was 711, and we got financed, no problem...I went on line and checked our credit again the first week in December, and our credit score had dropped down to 541, because we were in default on our mortgage. Called HSBC back again, and again got a different person...she says we have your account straighted out, and all the extra you have paid over the last few years, had been applied to your account, and you do not owe a payment till March. Our payments are $868 per month, so they said we did not owe anything for January and February, and your payment starting in March has dropped down to $772. I told them that is great, but you have pretty well ruined my credit, in getting my mortgage straightened out, what are you going to do about that. They said we are sorry, but things happen...what can we do to HSBC, since they ruin my credit by their mistakes and defamed my character by the conversations we had over the phone, demanding payment, and wouldn't take no for an answer....do I have probable grounds to sue them for what they have do to me and my family????
Submitted: 2 years ago.
Category: Legal
Expert:  Joseph replied 2 years ago.

There's actually an easier solution to your problem. Each of the three major credit reporting bureaus have procedures in place to object to any information contained within your report. You would simply follow the procedure and then await HSBC's response. As they have admitted wrongdoing, my guess is that they will not bother responding at all. As such, the offending information will be removed and your credit restored.

 

You can contact the bureaus here:

 

Experian, www.experian.com

Transunion, www.transunion.com

Equifax, www.equifax.com

 

To answer your question, my thought is that there is not a viable lawsuit at this time. First, it appears that HSBC would have a reasonable defense of this being nothing more than acceptable human error. Additionally, the credit bureaus and their reports are, to a great extent, beyond the control of HSBC. Last, and perhaps most important, you do have an easy fix here and, until you take that easy corrective measure, you simply do not have a legitimate lawsuit.

 

Please let me know if anything requires clarification.

 

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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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