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  1. #1
    Join Date
    Dec 2008
    Posts
    1

    Default Apartment Collections

    My question involves collection proceedings in the State of: Tennessee

    I bought my house last October and move out of Brandy Wine Apartments. 6 months after I moved out of the complex I get a call from a collection agency saying that I owed some $600.00. After arguing with them I had them send me the documentation that Brandy Wine had against me. It was full of errors and claims that were not true. It said that I had not paid things that I did, and I have images of the checks clearing there bank. It claimed that I had moved out at a later date then I did, even when I have documentation of turning in the keys on an earlier date. They charged me 200 for carpet cleaning claiming it was filthy when it was not. They also took my security deposit of $120.00.

    Back in April when this happened I sent a letter to Brandywine and to the collection agency certified mail stating that I did not owe these charges and provided copies of documentation that proved it. I never received anything back in writing. I did a message on my cell phone from the collection agency that said that they had gotten my letter but they did not respond to questions in writing and if I wanted to clear this up I would have to call them. I tried that and the lady was rude, mean, and not interested any thing I had to say except if I did not pay it would go on my credit report.

    A month latter my mother received a letter addressed to me at her apartment complex and it was the collection agency saying that I had ignored their demands and gave me an even higher amount to pay. I once again sent them a letter certified mail disputing the charges and accusing them of questionable business particles because they had all of my contact information including my address and they are sending things to my relatives.

    Since I refused to pay them they have put their collections on credit report. I have very good credit around 750 and watch it very carefully since I work at a bank. I filed a dispute with the credit agencies saying the charges are not true and they took 30 days and then told me the chares were verified.

    I don't know what to do. I don;t want to pay them money they don't owe and I can't afford a lawyer and if I could it would be more then the 600 I owe.

    Are there any other steps that I can take?

    Also the collection agency has reported this on my credit report. On only 2 did they mark it disputed, as I sent them multiple dispute letters. On the report to exparian it is only marked as un-paid an there is no mention of dispute.

    I noticed on the Fair Credit Reporting Act

    623. Resonsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. 1681s-2]

    (3) Duty to provide notice of dispute. If the completness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

    Does this mean that the collection agency is in violation of this lawaw and I can sue them for this and the removal of the information?

    Thanks,

  2. #2
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Apartment Collections

    Back in April when this happened I sent a letter to Brandywine and to the collection agency certified mail stating that I did not owe these charges and provided copies of documentation that proved it. I never received anything back in writing.
    That is illegal. See the FDCPA: 15 USC 1692g

    (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

    They cannot tell you that they do not accept written disputes, that is illegal.

    A month latter my mother received a letter addressed to me at her apartment complex and it was the collection agency saying that I had ignored their demands and gave me an even higher amount to pay.
    This is also an illegal practice, unless your lease or state law specifically allows it. Read: 15 USC 1692f

    A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

    (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.


    I filed a dispute with the credit agencies saying the charges are not true and they took 30 days and then told me the chares were verified.
    Not only is this a violation of the above laws, but it is also an FCRA violation.

    Find a lawyer, naca.net

    Sue.

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