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  1. #1
    Join Date
    Jan 2006
    Location
    Phoenix
    Posts
    2

    Default Violation of the FDCPA

    Hi, I am new to this forum but would like to ask you for feedback. My husband and I lived in an apartment for 20 days and left because the conditions were terrible. We gave them 5 day notice to spray for the roaches and to fix other stuff which they didn't so we left. We paid them 2 months rent and they kept our security deposit. In September 2004 they tried collecting 5600 dollars for a years rent from both of us individually!! which was their first violation. We disputed the debt and a year later found out they had been reporting it in this way the whole time even though in October 2004 they told us we now owed 590 because it was re-rented. We disputed the debt with Experian and they reduced it to 590 jointly. Then again they raised it to 5600. I called experian and they refused to reduce it back even though they had a letter from the collection's agency lawyer saying that we owed 590. Then we had our lawyer send them a letter about that. Their lawyer answered that it was not at 5600 and if it was before it was already fixed prior to our correspondation. When I checked they put it back to 590 exactly around the letter of this lawyer. And now? It is back to 5600. I am fed up with these violations. I even made complaint with the federal trade comission. Sorry for the long post. Should we sue them? We don't think we owe them anything. We keep copies of the notices we gave them and even photographic evidence of the condition of the apartment. The thing is we do not have any money to retain an attorney. What would you suggest? Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default False Information on Credit Report

    If they are violating the FDCPA and refuse to fix their mistakes, or if they are intentionally making false statements to credit reporting agencies, they are potentially liable for their actions. It may well be that litigation is the only way you can resolve this continuing problem, so I would suggest you consult a local consumer protection lawyer. If you have a good case, the lawyer will probably take it on the basis of a contingent fee or anticipated statutory attorney fees.

  3. #3
    Join Date
    Jan 2006
    Location
    Phoenix
    Posts
    2

    Default

    Thanks for your answer. Do you know how we can find a lawyer like that? I am sure we have a good case because we keep all the evidence such as notices given, photographic evidence, printed credit reports of each month when they reported it wrong even the one when their lawyer says there is no such thing.

  4. #4
    Join Date
    Aug 2006
    Posts
    5

    Default Re: Violation of the FDCPA

    I didn't notice any collection agency mentioned as being involved. If an apartment complex (the business itself) is attempting to collect, FDCPA does not apply. Any second opinions?

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