Use the banks Private Investigator against them!!

[jaylon]

About a month ago my friend called me and he was super excited. He said the bank hired a private investigator to investigate the auto loan account.
So the investigator calls him and he totally flipped the script. Told the P.I. he didn't owe any money, the promissory note fulfilled the alleged debt in full, the whole shebang.

So the P.I. calls the banks accountant on 3-way with my friend and jams him up about wasting his time. The accountant appologized and said that the bank must have made a mistake and that there was nothing owing on the account, they would send a letter of apology to my friend, fix the trade-line on his credit report and send him his title!!

So I got a crazy idea to try the same thing, but with my friend acting as my P.I. HSBC Auto Finance was calling me saying all this crazy stuff about this and that. So we called them!! So guy named Gil Martinez supposedly the account specialist. So we ask him to verify the debt, provide the accounting ledger, if the account was an account payable or receivable; all kinds of questions. Lasted about an hour, I have never heard back from them since and they just charged off the alleged debt associated with my truck.

It was so funny, they where transfering us to all kinds of people. We were asking for SSN #'s of each person who we talked to, and no one wanted to touch the phone!

I'm sure it's going to a collector or attorney, however I will report them to the IRS Financial Crimes Division for getting a tax deduction and then selling the debt to a third party.

If HSBC Auto Finance made an insurance claim for an assignment and/or claimed it as a tax deduction, this is known as "accord and satisfaction" because the creditor accepted payment from a third party for the purported debt, or a portion of the purported debt. This renders the debt satisfied and legally uncollectible by the creditor or any subsequent assignees.

Another reason is that the debtor of a creditor cannot be responsible to third party collectors because our legal system does not provide a remedy for an individual (e.g. collector) who knowingly and voluntarily incurs a liability (takes the assignment of a debt) and then seeks to recover the purported balance from the debtor (former debtor). It would be analogous to arriving on the scene of a house fire, buying the house from the owner and then suing him for damages resulting from the fire. There are certain principles of law that protect debtors from the collection efforts of third party debt collectors. One of those involves the concept that one cannot put oneself in harm's way and maintain a suit for damages resulting therefrom. It is such an old principle of law that it is found in Latin as "Scienti et volenti non fit injuria" in which the literal translation is "An injury is not done to one who knows and wills it."