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  • Report:  #754365

Complaint Review: HSBC Card Services - Salinas California

Reported By:
MANDY - waterford, New York, United States of America
Submitted:
Updated:

HSBC Card Services
Salinas, 93912 California, United States of America
Phone:
1-866-280-0118
Web:
www.orchardbank.com
Tell us has your experience with this business or person been good? What's this?

2004 - my husband became a "valued cardmember", the sole owner of a credit card account with Orchard Bank, a division of HSBC Card Services, Baltimore MD.

October 2009 - Keith requests an additional card to be sent in my name (his wife) because he is in the military and that was his only credit account and wanted me to have access to the account if he needed to be out of town. There was no signing of any documents, no permission by me to be added as a co-owner of this account. We did not question this status because all bills have continued to be sent to my husband and him alone and this was in no way reported on my credit score. Simply an additional card holder. All statements continued to be sent in my husbands name only, and HIS credit report was the only one that reported this account. HIS social security number was the only one associated with his account, his mother;s maiden name was the security code, his date of birth, etc...

March 2011- My husband declares bankruptcy on all credit cards, including Orchard Bank.

April 2011- I start receiving phone calls looking for payment of "her" account with Orchard Bank with the same account number.  Somehow once Orchard Bank received notification of my husbands bankruptcy, they fraudulently applied MY name and social security number to the account, still maintaining HIS mother's maiden name, his date of birth, etc. I was now the "valued customer since 2004", and all bills began coming for me. Upon reviewing my credit report, it was found that HSBC Card Services (Orchard Bank) reported this debt with a history since 2004 to MY credit report. Phone calls were made to all 3 credit bureaus, to the credit card company, to my husbands Bankruptcy Attorney, and it was as if my husband NEVER existed as an owner of this account. There has been no effort to help me remove this debt from my credit reports.....so, in an effort to not fall delinquent and damaged the good credit I has strived for, we decided to continue to make payments on his debt that was now in my name so as to remain in good standing.

July 2011- I receive a notification that the Orchard Bank credit account has been closed due to an unspecific reason and all effors made by me to re-open the accoutn has been for naught.  There is no specific reason the account was closed, yet I received a notification that it cannot be reopened.

So either remove my nam and social and stick the debt back to my husband and his bankruptcy and YOU WILL NOT GET ANY MONEY!!!

or

Reinstate this account so I can continue to maintain good credit and pay you your money.  Seems like a simple choice to me


3 Updates & Rebuttals

Susan

This City,
Illinois,
USA
Small fact

#2Consumer Comment

Mon, July 18, 2011

When he requested a card for you in 2009,  and you didn't cancel the card then, you became co-owner of the debt.

If you are paying, and want this gone, why are you mad that they closed the account and you cant charge anymore? 




MsT

Las Vegas,
Nevada,
USA
Not HSBC's fault

#3Consumer Comment

Mon, July 18, 2011

If this posts twice, my apologies, the website hung.

HSBC did not magically get your SSN, it was provided to them.  While I'm no fan of Orchard Bank or HSBC, it is not their fault you are being held responsible for your husband's debt.  Further, depending on your state's laws, a spouse can most definitely be held responsible for the other's debt, even after bankruptcy.  The only one that got you into this mess was hubby.


Robert

Irvine,
California,
U.S.A.
It looks like

#4Consumer Comment

Mon, July 18, 2011

You are trying to have it both ways where you get the card but are not responsible for the debt, sorry but that does not work.  You on one hand can not say that you are not responsible for the account, but on the other hand tell them to reopen the account or you are not going to pay.

First a creditor has the right to close an account for any reason.  There is NOTHING you can do that would force them to reopen the account if they no longer want to take the risk on you.  If they close the account YOU are still responsible to pay off the balance. 

The next is the actual account.  If you are 100% certain that you were only added as an authorized card holder and not a joint account, and there is nothing like any Community Property laws that come into effect.  Then you are correct, you are not responsible for the debt.  But the question then has to be asked is how did they get your SSN?

In a joint account if one party declares Bankruptcy the bank will go after the other party.  So this is where you may have really "shot yourself in the foot".  If the card is in his name only..it would have been closed in the BK unless he reaffirmed that debt.  If he reaffirmed the debt then this entire report is a mute point and he owes the debt.  But if you truly thought that it was in his name only, making payments is stupid on a discharged debt because you DON'T legally owe the money, and it does nothing to help your credit.

This means one of a couple of things.  Either he got really bad advise from his Attorney, or you knew it was in YOUR name as well and you were trying to keep the credit line open.  This is something your BK attorney possibly should have helped you with, especially if they are trying to collect on a "Discharged" debt.

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