Advice w/report on credit I dispute

[Anonymous]

I am in need of advice on how to handle a collection agency.  Something has been put on my credit for an apartment complex where I used to live.  I never checked my credit often so I didn't even know this was on there until we got pre-approved for a mortgage loan.  I disputed the item then I called and talked to the collection agency and spoke with a woman who would not do anything but tell me I owed the money and asked me how I wanted to pay it.  My husband told me to call and ask them for verification of proof and they sent me a piece of paper in the mail that looks like this...

Rent            $    750

Carpet         $    462

Late Fee      $      50

Total Amount Due $1,262

That was all that was on the paper.  I was expecting to see something from the apartment complex explaining the debt.  It wasn't on any type of letterhead, nor did it give any details or anything else.    I never got a letter from the apartment complex or the collection agency.  I called the apartment complex who said I had to call their corporate office.  I called the corporate office and they said they couldn't help me because it was turned over to a collection agency.  I again called the collection agency, and again, and again.  They were never of any help, and of course then started sending me collection letters once a month.  I called again and the lady wouldn't even help me.  She just transferred me to someone else, a younger sounding guy who was rude as hell.  I explained everything to him again and he said I had to pay the money.  I told him I wanted some kind of verifician of proof and he said they sent that.  I said, no, all I got was a piece of paper with some totals on it.  He said that was all they had to send.  I said, so if I mail you a piece of paper with some totals on it then you will pay me, right.  Of course he wasn't happy with that.  I said I wanted to see some type of documentation from the apartment complex that I owed the money.  HE SAID THE APARTMENT COMPLEX DIDN'T HAVE DOCUMENTATION, THEREFORE, THEY DIDN'T EITHER.   I was speechless.  I have my thirty day notice letter that I had to pay.  I had an exit walk-through but they took that piece of paper and I didn't ask for a copy of it.  I know it was fine though because the maintenance man that walked through it with the girl from the office was my brother-in-law.  So I am not sure what to do. I taped my conversation with the guy from the collection agency telling me they had no proof that I owed the money. But even that doesn't help if I don't know what to do.  Can anyone give me advice???  Thanks!

[Anonymous]

Hey,

First you have to dispute the charges with the credit bureau and wait until they respond. After receiving your dispute the credit bureau will send you dispute to the attention of the Apartment complex to verify that you do not owe any money. They have up up to 30 days to submit their finding to the credit bureau. If not, the bureau will be able to remove off you credit file.

They Apartment complex should submit a tenant ledger verifying when you moved out and the charges or refund that you are entitle to. You stated that the Apartment complex had nothing for you on file. I am guessing that the property change ownership that why there is nothing on file. (check with the complex if this is the case. If so they can supply with previous management company information. Files should leagally be kept for 7 years.

 But for them to send you to collection, they will have to have your information on a database.

As you stated you walked the apartment with maintenance and everything was fine. If something was wrong with the carpet they would have discussed it with you. Although you should not be responsible for the wear of the carpet after a couple of years. It seems to me that they charge you a months rent. This normally happen if you moved out say at the end of August and the apartment complex do not do the move out right away. Automatically at the beginning of September you will be charge another months rent and after the 4th day the late fee. That's the reason why you need to verify exactly when you move out and compare it with when the apartment have you as moving. If so these charges need to be reversed.  Were you due a refund? Hope this help.

[Anonymous]

first  dispute all CRAs  that show it. At the same time send a DV letter, CMRRR.You want to know if they own the account or authorized to collect for the appt. complex.

Never talk to a CA on the phone!!!!  Know you SOL

Link for newbies    also has link to freq.requested threads   you will find abrrevs and lots of info.

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=38534

SOLhttp://www.bankrate.com/brm/news/cc/20040116b2.asp?caret=8

updated SOL

http://www.fair-debt-collection.com/SOL-by-State.html#7

when sending a DV to a CA  NEVER SIGN NAME  just type it

You did not give us dates and they are important!!

Usually DVs are short & to the point...I will post 1 that looks like it was written by an attorney. What I like about it is the info. it ask for.   If you use it make all changes that are needed and add your state in 2 blank spaces.

August 26, 2007

Jones Collection Agency

222 1st Street

Noplace, FL33333

Re:      Account #:                   5555555

            Original Creditor:         Smith & Smith Corp

Dear Sir or Madam:

This letter hereby notifies you that the validity of this debt is in dispute. In an attempt to validate this debt, I am requesting evidence of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such substantiation, under federal and state law you must correct any erroneous reporting to any and all credit reporting agencies

In accordance with Section 809 of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and corresponding case law, please provide me, in writing, the following information:

1. A copy of the alleged original contract or other instrument bearing my signature
2. Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account
3. Evidence of your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter
4. Evidence that your company is registered as a consumer collection agency in the State Of _____________

Additionally, until full validation is provided, all representatives of your company, or any affiliated company, must immediately cease & desist all attempts to collect the aforementioned debt. Failure of your company to comply with this request will be a violation of the Fair Debt Collection Practices Act and will directly result in a complaint filed with the Federal Trade Commission and the State Of __________ Attorney General's office. Please be advised, should this request be violated, I will pursue all criminal and civil claims, including any and all punitive damages, allowable by federal and state law against your company.

Failure to respond, in writing, and in a timely manner, will serve as a waiver to any and all of your claims in this matter and that this matter is permanently closed. Please provide the requested information or correct your records and immediately request the removal of this invalid debt from all sources to which you may have reported.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be retained should further action become necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I look forward to your timely response.

Best regards,

DO NOT SIGN......JUST TYPE NAME