Date Received: 2016-06-01
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Beneficial continues to deny the assistance requested with our account and to compensate us for our time and the lack of customer service and the ongoing damage it has done to us. The following are the issues that have not been resolved : On XX/XX/XXXX Beneficial/HSBC erroneously sold our home mortgage to the XXXX XXXX XXXX Master Participation Trust by labeling our account as in default, and/or a distressed loan in trouble. Not only were we not behind in payments we were ahead. As soon as XXXX began servicing our loan we contacted them to let them know that false information had been provided on our account by Beneficial. When XXXX informed us in XXXX that we were behind in payments we called the customer service number and let them know this was not true and we lodged a complaint. They indicated at that time that Beneficial 's records were a mess and it would take time to sort things out. We had been trying to get Beneficial to correct their mistakes prior to them selling the loan to XXXX XXXX. They did not complete any work to address their mistakes. Question 1 : Why was our mortgage sold as a loan in default to XXXX XXXX in XX/XX/XXXX? Beneficial sent letters dated XX/XX/XXXX stating that we could lose our home because it was 30 days in default. They sent individual letters to both of us by regular mail and certified mail. They stated in these letters : " You can cure this default by making the payment of {$2200.00} dollars by XXXX/XXXX/XXXX. '' This is 15 days after they have sold the loan to XXXX. Clearly this is an bogus debt and an illegal collection. Question 2 : Why did Beneficial demand a payment of {$2200.00} after they sold the loan to XXXX XXXX? Question 3 : Where is this money applied to our account? In a letter dated XXXX/XXXX/XXXX XXXX XXXX of HSBC included records of our account that show the XXXX/XXXX/XXXX payment was made on XXXX/XXXX/XXXX. In a letter dated XXXX/XXXX/XXXX XXXX XXXX included a copy of a letter dated XXXX that states " There was a reconciliation completed on your account on XXXX/XXXX/XXXX. After the reconciliation was completed, your account was due for the XXXX/XXXX/XXXX payment and the remaining amount needed to complete this payment was {$1600.00}. The full payment for the XXXX/XXXX/XXXX due date was not received until XXXX/XXXX/XXXX. '' This is in direct conflict with the XX/XX/XXXX reconciliation, and the XXXX XXXX records referenced above that were sent post " XX/XX/XXXX reconciliation audit. '' Question 4 : Why was the XXXX payment erroneously applied to the wrong date in our account? Question 5 : Why were the reconciliations of our account ignored? Question 6 : Why did you tell the NYS Attorney General and the Bankruptcy Court that our payments were up to date and then tell us we were in default? At no time from XX/XX/XXXX to XX/XX/XXXX did anyone at Beneficial indicate that they had made an agreement with XXXX that XXXX would be responsible for all errors that Beneficial committed on our account. Finally in XX/XX/XXXX XXXX XXXX ( XXXX ) stated in a phone conversation that there was an agreement and that she would personally contact XXXX to make sure they held up their agreement. Question 7 : Why did Beneficial conceal the agreement they had made with XXXX from XX/XX/XXXX to XX/XX/XXXX? Question 8 : Please provide written documentation of the agreement made with XXXX XXXX and XXXX. A document is attached containing our payment history of our account with Beneficial. We need clarification on the following : Deferred Interest dates : XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX Deferred Interest sweep : XXXX/XXXX/XXXX, XXXX/XXXX/XXXX Further information in attached.
Company Response:
State: NY
Zip: 12533
Submitted Via: Web
Date Sent: 2016-06-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-06-01
Issue: Account opening, closing, or management
Subissue:
Consumer Complaint: On XX/XX/2016, XXXX XXXX XXXX, XXXX, a Florida corporation, ( " XXXX '' ), towed away my wife 's car which was parked arguably properly with a note inside the car explaining that there was difficulty with payment at a parking machine. The vehicle had apparently been parked at HSBC Bank, XXXX XXXX XXXX XXXX, XXXX XXXX, Florida XXXX. HSBC 's lot had a sign referring to " display paid receipt '' and close on the sidewalk there was a machine that printed receipts for parking and it was not completely clear to her that the sidewalk machine was inapplicable to the HSBC 's parking lot. HSBC did not have any person collecting payment from its booth nor a parking payment machine in its lot on that day. My wife lost {$2.00} dollars in the sidewalk machine and left a note inside her car. XXXX took the car to a lot and refused to release it unless a payment of {$280.00} was made, and if significantly delayed then the price would increase. {$280.00} was paid to XXXX and then the vehicle was released. The invoice number is No. XXXX. Although HSBC was authorized to ask a towing company to tow a vehicle, HSBC was prohibited from having a contract with a tow company since a contract is a bargained-for exchange, which means that the towing company gave something of value to HSBC for the right to tow vehicles from the HSBC property. See Florida Statute 715.07 ( 2 ) ( a ) 4, which states as follows : " The towing or removal of any vehicle or vessel from private property without the consent of the registered owner or other legally authorized person in control of that vehicle or vessel is subject to strict compliance with the following conditions and restrictions :.. 4.A person may not pay or accept money or other valuable consideration for the privilege of towing or removing vehicles or vessels from a particular location. '' Furthermore, HSBC knew or should have known that XXXX would charge an abusive amount of money to release the vehicle, making HSBC liable for aiding in abusive behavior against the public. HSBC admits it had a contract with a towing company.
Company Response:
State: FL
Zip: 33141
Submitted Via: Web
Date Sent: 2016-06-01
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-05-25
Issue: Identity theft / Fraud / Embezzlement
Subissue:
Consumer Complaint: In XXXX and XXXX I requested a copy of my credit files from each of the bureaus so that I could check my credit after an issue was brought to light by the IRS concerning a judgment which is a result of Identity theft. On checking my reports I noticed that there is account opened with HSBC Bank for over 7 years that is not known to me which is in default and is the reason why my credit is reporting so badly. I need to validate this account. Please ask the company to forward via CFPB all verification documents used to open this account ; signed contractual agreement ; and Identification used to authenticate the account opener.
Company Response:
State: FL
Zip: 33069
Submitted Via: Web
Date Sent: 2016-05-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-05-24
Issue: Deposits and withdrawals
Subissue:
Consumer Complaint: I send a check like normally to pay my rent and the check was cashed in by someone else instead of the landlord. I had called my landlord and explain what happen and they do n't consider the problem and are charging us XXXX legal fees and late fees. I 've talked to the bank serval times already and they keep telling me the same thing over and over again that the investigation is still undergoing. This process has been over a few months now and nothing has happen about that check or a refund from the bank to pay the landlord for rent.
Company Response:
State: NY
Zip: 11372
Submitted Via: Web
Date Sent: 2016-05-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-05-21
Issue: Other
Subissue:
Consumer Complaint: A few days ago the author of this complaint ( sometimes hererin the " Complainant '' ) received a letter ( the " HSBC Letter '' ) dated XXXX XXXX, 2016 from HSBC Bank USA NA ( " HSBC '' ) informing the Complainant that my HSBC Platinum MasterCard Account With Rewards ending in XXXX ( the " Account '' ) had been closed by HSBC because HSBC had determined the Account had been inactive for 12 months or more. Immediately before the Account 's closure by HSBC the Account had more than XXXX Reward credits ( the " Credits '' ) credited to it by HSBC, the exact number of which is not now known to the Complainant, earned and credited the Credits over many years of usage of the Account by the Complainant. Upon Complainant 's inquiry to HSBC after Complainant 's receipt of the HSBC Letter HSBC informed the Complaint that the Credits had likewise automatically been canceled when the Account was closed. The Complainant never received any notice from HSBC or otherwise that the Account was under closure review for non-use for 12 months or more, nor, before the Complainant ' s receipt of the HSBC Letter, that the Account was sooner or later to be closed for non-use Had the Complainant received any such prior notice the Complainant would have made use of the Account 's credit card to preserve the Credits for Complainant 's use as and when chosen by Complainant. The Complainant asserts that HSBC has acted in bad faith in this matter and demands that HSBC pay to the Complainant in cash the current reasonable cash value of the Credits as determined in accordance with industry standards and practices.
Company Response:
State: FL
Zip: 33180
Submitted Via: Web
Date Sent: 2016-05-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-05-17
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: In a letter dated XXXX XXXX, XXXX, XXXX XXXX XXXX, attorney for Beneficial states, " I have confirmed with Beneficial that its pre-Petition arrears claim was paid in full, and that the debtors are up to date with respect to remittance of their post-Petition mortgage payments. '' This letter was addressed to XXXX XXXX XXXX, XXXX, Chapter XXXX Bankruptcy Trustee regarding the Notice of Final Cure Payment and Completion of Plan Payments. In a letter dated XXXX XXXX, XXXX from XXXX XXXX XXXX by XXXX XXXX of HSBC they stated to the NYS XXXX : " An audit has been completed. '' " We have completed reconciliation ... .and can confirm that the account status is accurate. '' " Account is current. The next payment is due on XXXX XXXX, XXXX in the amount of {$1000.00}. '' Instead the next payments were applied to XXXX XXXX that should have been applied to XXXX XXXX per their letter to XXXX XXXX XXXX of the NYS XXXX. This starts the cascade of accounting errors. On XXXX XXXX, XXXX they notified us that our home loan was sold to XXXX XXXX XXXX Participation Fund XXXX. XXXX XXXX Loans would begin servicing our mortgage effective XXXX/XXXX/XXXX. They sent letters dated XXXX XXXX, XXXX stating that we could lose our home because it was 30 days in default. They sent individual letters to both of us by regular mail and certified mail. They stated in these letters : " You can cure this default by making the payment of {$2200.00} dollars by XXXX/XXXX/XXXX. '' This is 15 days after they have sold the loan to XXXX. Clearly this is an bogus debt and an illegal collection. HSBC/Beneficial sold our loan to XXXX XXXX as a distressed mortgage. This was not the case as we were up to date and even ahead in payments. In a letter dated XXXX/XXXX/XXXX XXXX XXXX of HSBC included records of our account that show the XXXX/XXXX/XXXX payment was made on XXXX/XXXX/XXXX. In a letter dated XXXX/XXXX/XXXX XXXX XXXX included a copy of a letter dated XXXX XXXX, XXXX that states " There was a reconciliation completed on your account on XXXX/XXXX/XXXX. After the reconciliation was completed, your account was due for the XXXX/XXXX/XXXX payment and the remaining amount needed to complete this payment was {$1600.00}. The full payment for the XXXX/XXXX/XXXX due date was not received until XXXX/XXXX/XXXX. '' This is in direct conflict with the XXXX XXXX reconciliation, and the XXXX XXXX records referenced above that were sent post " XXXX XXXX reconciliation audit. '' In summary Beneficial confirmed that we were up to date through reconciliations and audits completed in XXXX, XXXX and XXXX XXXX. However that was not the information they sent to XXXX. We have experienced ongoing problems due to Beneficial 's inability to inform XXXX of their gross error.
Company Response:
State: NY
Zip: 12533
Submitted Via: Web
Date Sent: 2016-05-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-05-17
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: Hello, The incident happens, when I make a Payment to HSBC Mortgage services the Monthly payment of $ {$2000.00}. And during the payment I made by internet 1 ) of XXXX, 2 ) XXXX, 3 ) XXXX before the mature date of which is on the XXXX of the month thereafter when I try to make a payment of XXXX into make other payment in the system appears in their computer is on maintenances but during the payments they set XXXX charge of XXXX dollars of which I consider no justifications because is not my problem they having error in their system.
Company Response:
State: CA
Zip: 91331
Submitted Via: Web
Date Sent: 2016-05-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: Yes
Date Received: 2016-05-17
Issue: Loan servicing, payments, escrow account
Subissue:
Consumer Complaint: HSBC has failed to provide an IRS Form XXXX to me for 2014. I can not file my taxes without it and the IRS has contacted me about being late. I have contacted HSBC numerous times without successful outcomes.
Company Response:
State: MO
Zip: 631XX
Submitted Via: Web
Date Sent: 2016-05-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-05-13
Issue: Making/receiving payments, sending money
Subissue:
Consumer Complaint: I would like to pay HSBC BANK OFF!! BUT I CAN NOT PAID THEM, THE CREDIT CARD DEBT. BECAUSE I AM IN FINANCIAL DISTRESSED AND UNABLE TO PAID THE FULL AMOUT DUE EACH MONTH, BUT I AM ABLE TO PAID SOMETHINGS. I REQUESTED A HARDSHIP PROGRAM, AND THEY DENIDED ME THE HARDSHIP PROGRAM, THREE TIMES.
Company Response:
State: NY
Zip: 10029
Submitted Via: Web
Date Sent: 2016-05-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No
Date Received: 2016-05-12
Issue: Taking/threatening an illegal action
Subissue: Threatened to sue on too old debt
Consumer Complaint: I received a call from XXXX XXXX with XXXX XXXX. He and his staff have used abusive collection tactics on a debt that is over XXXX XXXX XXXX. I have been threatened about a legal document, being sued, garnishing my wages and placing a lien on my XXXX XXXX or auto. Sued without any notification, calling my job and telling them its an attempt to collect a debt. This is the 3rd and final attempt and they will seek legal action, telling a family member to tell me to put my big girl XXXX on. Calls from XXXX XXXX, XXXX XXXX leaving voice mail messages stating the same thing. HR department forwarding messages of XXXX XXXX calling stating personal stuff about my business. XXXX, employee in the legal department telling me that she will take all of my paychecks, that I do n't pay my bills and let 's see how I like it when they take my paychecks.
Company Response:
State: TX
Zip: 77382
Submitted Via: Web
Date Sent: 2016-05-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: No