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Report: #264093

Complaint Review: Atlantic Credit & Finance - Julia G. Robertson - Indianapolis Indiana

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  • Reported By: Lexington Kentucky
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  • Atlantic Credit & Finance - Julia G. Robertson 7915 S. Emerson Ave., Suite B-230 Indianapolis, Indiana U.S.A.

Atlantic Credit & Finance - Julia G. Robertson - HSBC NV Been to initial hearing and already made agreements I shouldn't have Am I too late? Ripoff Indianapolis Indiana

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Here's the deal. I am being sued by a debt collector for a credit card that I in fact know that I paid off in late 2003. My credit report shows this, but I was told that it has no validity in the case. Basically, I recieved a notice in the mail "Order For Continuance", this is the first notice I have reiceved and just last week recieved a list of everything that has went on in the court up until now. I showed up for the hearing and the attorney was immediately trying to badger me into paying. I stopped her and said I wanted to talk in front of a judge. She got mad, but we went before the judge. Basically, I was unarmed. All I had was a copy of my credit report. The attorney wouldn't even give me the account number to the card.

Basically, we talked after the hearing and she agreed to contact the initial creditor to see if in fact the account has been paid off. I have a bad feeling that she's not going to. I didn't get anything in writing. I made a verbal agreement with her that I would start to pay X amount per month starting in Sept. if she or I couldn't come up with proof that the account has in fact been paid off. I didn't sign anything. She took some notes but this was agreed upon in front of the judge. Is there anything I can do? I have a month...I hope I didn't come across this thread too late. Thanks!

Jimbo
Lexington, Kentucky
U.S.A.

This report was posted on Ripoff Report on 07/30/2007 08:44 AM and is a permanent record located here: https://www.ripoffreport.com/reports/atlantic-credit-finance-julia-g-robertson/indianapolis-indiana-46237/atlantic-credit-finance-julia-g-robertson-hsbc-nv-been-to-initial-hearing-and-alrea-264093. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Consumer Suggestion

Get the facts...

AUTHOR: Robert - (U.S.A.)

POSTED: Monday, July 30, 2007

You may or may not be too late - depends on the judge. However, I think you should do the following immediately:

1. Read the Fair Debt Collection Practices Act online - and print a copy of it! (it's not long.)

2. Send a certified letter, return receipt requested, to the debt collector and the attorney you spoke with demanding validation of the debt and dispute that the debt is paid off - this puts the burden of proof on them, per the FDCPA.

3. Ask the court to reconsider your previous "verbal agreement" because you were not properly educated about the FDCPA and not properly represented by counsel - you might need to engage an attorney. Restate to the court that you dispute this debt as being paid in full - the plantiff will have to prove you didn't, not the other way around.

4. Pay nothing - if you do, the statute of limitations clock will restart.

5. Consult with an attorney as to how to approach the court to remain in continuance until the plantiff validates the loan per your written request.

Good luck.

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