Do I have a case?

[Anonymous]

I wanted to just get a collection paid off and off my report. I offered Hunter Warfield a pay in full to delete from report. So they instead validated the debt, and found about 400 more to tack on. What they sent to me was a copy of my lease. The lease covers everything that was signed and agreed to by me and my wife. At the end of this lease it talks about what is included with this lease. It gives a bunch of blank boxes and checks ones that was discussed and talked about. One that was checked was the invintory and damge listing that me and my wife filled out and submitted to the apartmentswhen we moved in. However in the forms that the CA sent to me to validate this debt didnt provide that paper. If that box is check it means they have a paper and if they are not including that paper then this debt is invalded.
First, does is this logic flawed?
Second, if they really have screwed up, then what do I do now?

Thanks.

[Anonymous]

For the record, when we moved in the carpets were old and stained, but they transferred our old apartment into this after we caught our neighbour with our stolen radio. We had to rent a carpet shampooer just to move in. The want us to pay 1600 for new carpet.

[Jazzzy]

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@Anonymous wrote:
 If that box is check it means they have a paper and if they are not including that paper then this debt is invalded.
First, does is this logic flawed?
Second, if they really have screwed up, then what do I do now? 

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Sorry, but you're not the one who gets to decide if a debt is valid or not...so, your logic may be flawed.

Is this in the form of a judgment already?

[aot2009]

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@Anonymous wrote:
I wanted to just get a collection paid off and off my report. I offered Hunter Warfield a pay in full to delete from report. So they instead validated the debt, and found about 400 more to tack on. What they sent to me was a copy of my lease. The lease covers everything that was signed and agreed to by me and my wife. At the end of this lease it talks about what is included with this lease. It gives a bunch of blank boxes and checks ones that was discussed and talked about. One that was checked was the invintory and damge listing that me and my wife filled out and submitted to the apartmentswhen we moved in. However in the forms that the CA sent to me to validate this debt didnt provide that paper. If that box is check it means they have a paper and if they are not including that paper then this debt is invalded.
First, does is this logic flawed?
Second, if they really have screwed up, then what do I do now?

Thanks.

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Did you send a DV letter to them certified?

Are you prepared to sue them under these conditions?

[Anonymous]

This is only a collection. No judgment. Bluntly speaking, this was not valid. I offered to pfd, specially stating that I do not agree or admit this is my or even a valid charge but was willing to pay for delete for fast resolution. This is where they sent debt verification. Would it not be there burden of proving damages? If their legal documents state they have a inventory and damages form and cannot provide that? The lease lists that document is present but they are ripping me off.

[LIGHTNIN]

I would suggest contacting a local attorney, laws differ state to state.

Most attorneys will offer a first consult for free.

Check and see what your state has, about landlord/tenant laws.

Good Luck to you.

[RobertEG]

The statute does not explicitly require debt validation by the debt collector to be accompanied by documentation.  Assertions that their validation is inadequate would require interpretation of the sufficiency of their verification by a judge.  They provided the bare-bones statutorty requirement of obtaining verification from the creditor.

The factual determination of accuracy of the debt or of their verification would, in my opinion, be  issues to pursue in court, not under the FDCPA or FCRA.

Their procedures aren't legal processes for decidiing contested matter of fact.

[aot2009]

+1 you should bring them to court I bet they back down.