In 2012 I received a letter from the court stating that Llyod & McDaniel were suing us for over $2,000 on a credit card they said we still owed on. The credit card was from a HSBC account that was paid off in early 2012. I called them and spoke to a female attourney. I told her that this card was paid in full to HSBC. I told her I had proof of the payments made and that I was going to respond to the court about it. She asked if I would please send her the information too, and of course I said yes. I responded to the court and faxed her the documents the very next day. That was the last I heard. In June of 2014 I received yet another letter from the court from Lloyd & McDaniel for the same card. This time it said I owed less than $2,000. They also included what they called “discoveries” showing that HSBC had sold accounts several times (at least 6 times in less than a year). I say “accounts” because the documentation that they presented showed milllions of dollars, and no where did it show my account. I called Lloyd & McDaniel again. I asked what all this was about and this time I spoke to a male. He said we owed someone called Portfolio America Asset Management, LLC this money for a HSBC card that we owed on. I again told him that all the payments were made to HSBC and no other company. He said the account was sold to all these different companies. So I was making payments and paid in full HSBC, they accepted the money even though they had sold the account. I asked where my account was in all these documents they sent. This person said it didn’t show and asked if I was willing to make payments. I said “Absolutely not, if anything I over paid and they owe me money.” I asked him if he really was going to take this to court seeing how they had no proof that I owed the debt and I had the proof that I paid the debt. He said yes. I said “You are going to look foolish going to court with no proof. So if you do this, I will counter sue for overpayment, harassment, and punitive damages.” He said that he couldn’t advise me on that. We ended the conversation. The end of October, I receive yet another letter from the courts and from Llyod & McDaniel. This time however, a judge awarded them over $2,000 on this case since I was not present. What???!! We were never served nor knew anything about it. They went and sued in court without notifying me. Again I called Llyod & McDaniel. I spoke to someone else this time. I asked how they had a court date without notifying me about it. He couldn’t answer this. I also stated that I know why they did this behind my back and it was because they didn’t have a case and they knew I was going to counter-sue. I said I was not paying. I also said that I called HSBC to find out more about this credit card that was paid off and they said the account was so old that it was archived and they didn’t have info on it. They also told me that Lloyd & McDaniel could get in huge trouble for not having us served. I told the person from Lloyd & McDaniel this also, and he got really mad and said that HSBC has nothing to do with this. Really? They are the ones who we had the account through originally. I was also instructed by HSBC to file a motion to vacate with the court so that is what I did right away and sent it certified to Lloyd & McDaniels. Funny thing is, just before I filed this, I was served and mailed the garnishment paperwork that Lloyd & McDaniel wrote up. Interesting how I was served this after I told them I wasn’t served the court date… I also tried to find out more about this Portfolio America Asset Management, LLC. The phone number on the BBB and their Linkedin is no good. I tried accessing their web page from the BBC and Linkedin page and it was corrupt with maleware and couldn’t be opened. I found another number, and it was from a company that said they “worked for Portfoliio America Asset Management, LLC.” They said that I owed 1,100. They said that a payment was made for over $300 in February of 2013. Over a year AFTER my last payment with HSBC. I asked who made this payment, and they said they didn’t know. They said they had no information. I asked for Portfolio America Asset Management, LLC’s phone number and they said they didn’t have one and couldn’t give it to me. I also asked Lloyd & McDaniel for their number as well and they wouldn’t give it to me. I pulled the credit report which shows the HSBC card with a credit limit of $2,500 and a balance of $0. And I have proof of payments. So essentially, they are suing me on a made-up number, they didn’t serve me, and they are harrassing me for something that isn’t owed at all. If we do go back to court, and even if we don’t, I am going to counter sue in small claims. I am just now waiting to see what the judge does with this false case and fraudulent claim. I have read the report on this site from others and many of them sound exactly like mine! I was shocked to say the least, so that is why I decided to write this. Unbelievable!
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