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Got a question, hope someone can answer... Has anyone else gotten a message ? (Supposed to be from"Microsoft & Discover Card " )? Thanks in advance for any answer. Another quick question... HSBC is a pain in my tail. Eq lists them as being IIB. Ex lists it as IIB/Charge Off.

Can they charge off and sell an account that is already IIB?..

asked Mar 04 at 13:24

Lillian
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Lillian
69


Good question... I dunno what is the right answer. I'll do some research and get back to you if I find an decent answer. You should email the people at Discover Card as they probably can answer it..

answered Mar 04 at 14:02

Jazlyn
's gravatar image

Jazlyn
3677

More info on the timeline is required to make a better assessment:.

1) when did the account go delinquent?.

2) was it in a charge-off status prior to the filing of BK?.

3) was the sale date garnered from HSBC correspondence or through other means?.

4) had the notice of BK been provided to HSBC at the time of the sale? (I am presuming it had based on teh timeline offered, but stranger things have happened)...

answered Mar 04 at 15:26

Alanna
's gravatar image

Alanna
1519

Nope. If your account was not in a C/O status when you FILED, they cannot report that account as C/O after you filed. It doesn't matter who they sold it to after you filed, it's not a recoverable debt at that point. They've done the same thing to one of my accounts I had with them and have been a PITA about it. Whatever your account was in at the time of filing BK what they're supposed to report along with IIB...

answered Mar 04 at 16:18

Bailey
's gravatar image

Bailey
3289

Never rely on a credit report for absolutes such as a charge-off date. File copies of statements go much farther in demonstrating that issue. It is also improbable (although not impossible) that a charge-off event did not occur until after the account was sold. Thus the reality is that the charge-off likely took place prior to May 2005..

The sale falls in a gray area of the BK stay...any violation would actually be more demonstrable against E-Cast if they had sought to collect on the matter. Many of the third-party purchasers were buying BK paper precisely because a lot of filers have the cases dismissed or converted from BK7 to BK13, making the debt collectable once again..

If you wanted to up the ante, your BK atty could get in touch with the HSBC legal staff...however, showing damages will be a difficult hurdle to overcome in going very far beyond that contact, especially with the passage of four and a half years (based upon your 2005 dates)..

This post has been edited by.

Centex.

: 11 January 2010 - 02:46 PM..

answered Mar 04 at 16:32

Isaiah's gravatar image

Isaiah
1403

It's amazing what the threat of a lawyer can do to get people hopping that had no intention of hopping otherwise. I have been fighing HSBC on this since June. Last night I left them a message to just call me back with the name and number for someone in their Legal Dept. so I could pass it along to my BK Atty..

Someone just called back and was oh-so-helpful and apologetic. They are correcting it with Experian immediately and sending me a confirmation letter in the mail..

Why can't companies just do the right thing? Why does it always have to be with threat of a lawyer? Sigh!..

answered Mar 04 at 17:44

Cesar's gravatar image

Cesar
268

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