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EXTREMELY STICKY SITUATION (PFD GONE WRONG)

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Bcutiebooti
Member

EXTREMELY STICKY SITUATION (PFD GONE WRONG)

I have to apologize in advance for being rather long winded however in order to get the best advice I have to include all of the facts. 

 

I was contacted Monday by a CA for an apartment complex I lived in in 2012. They said that I owed $315 after I moved out and never settled it. I then told them that I did not agree with the debt and therefore wanted DV. The CA said the paperwork they had on file did not make sense so they would contact the OC to attempt to sort it out. I contacted them later on that day and they told me that a worker at the complex could not make sense of the charges either and referred them to a manager. The CA assured me that if they were not able to DV that day that they would contact the CRAs that day to have it removed. 

 

When I did not hear from the CA again that day I assumed they were unable to validate the debt. The next morning I called the CA who informed me that they were indeed able to DV and that they could offer me a PFD if I paid in full. They also informed me that the overage came from carpet replacement that cost $1104. I told them that that made no sense as our dogs do their business outside and rarely have accidents. They then agreed to send over the invoice from the company that preformed the replacement as proof as well as the PFD letter. THIS IS WHERE THINGS GET STICKY...

 

When I received the DV paperwork from the CA I noticed these things:

 

- The "Final Account Statement" shows that I moved into the apartment 3/17/2012 and moved out 9/30/2012 providing a total of $1100 in deposits.

-The "Invoice" dated October 2. 2012 shows a charge of $1104 for "carpet replacement" with the original install date being November 7, 2007 

-The "California Properties Invoice" shows that the OC incurred a $1104 charge for carpet placement and installation however it is dated for December 27, 2011 

 

 

With that being said I responded to the email he sent by asking him this:

 

The OC provided an apartment inspection invoice dated October 2, 2012 claiming to have received $1104 in charges for carpet replacement.  Your company contacted The OC who provided  a service invoice from [ CARPET REPLACEMENT COMPANY]  for $1104 in carpet pad & installation dated December 27, 2011? This is clearly invalid. There is no way OC incurred charges as a result of me living there almost 3 months prior to my move in. What are your thoughts on this?

 

 

As a result he emailed me asking me never to email him again to only call or fax. I immediately called and he yelled at me, told me that I was nit picking over something that was clearly a typo (impossible because it was a written invoice from the replacement company that showed the same date 2 times in separate places on the invoice) and said that the PFD is now OFF THE TABLE and that I can dispute all I want but they would keep reporting this on my report.! I was completely shocked because through all of this I never refused to pay, I simply asked a question pertaining to the paperwork he sent. As of now I am completely lost and have no clue where to go. I currently have the following documents in my possession, how can I use these to get this removed. 

 

- The Invoice from the OC showing the itemized breakdown of how I got to owe $315 (includes carpet reluctant charge of $1104)

- The carpet replacement service invoice from the OC (dated 3 months before I even moved in) showing a replacement service charge of $1104 to the OC

- The paperwork from the OC showing my move in  and move out date

- The PFD from the CA

- The email where the collector personally sent me the PFD 

- The email I sent the collector asking him about the charges

 

Should I report them to the Attorney General with all pprwrk? Contact the OC? Apologize and ask to reinstate the PFD? ALL ADVICE WELCOMED

 

Message 1 of 4
3 REPLIES 3
cnnlov
Valued Member

Re: EXTREMELY STICKY SITUATION (PFD GONE WRONG)

Did you ever receive your deposit back from the OC?

Message 2 of 4
RobertEG
Legendary Contributor

Re: EXTREMELY STICKY SITUATION (PFD GONE WRONG)

Only you can evaluate whether you wish to pursue the legitimacy of the debt itself.

 

First, as to the procedural aspects.

You never filed a formal DV request, as a DV must be in writing to invoke a cease collection bar. 

However, since they have provided verification of the debt, sending a formal DV would appear to be only a formality at this point.

 

They have provided more than is required under the statute to consitute verification of the debt.  They have stated that they have conducted an investigation, and have basis to conclude that the asserted debt is valid.  Response to a DV does not require them to provide supporting documentation, or "prove" the legitimacy.

To contest their finding would require getting the matter before a judge, who can compel both sides to produce all relevant information, and make a ruling.

 

If you file a dispute, the same process applies.  They would be required to conduct a reasonable investigation, and if that investigation supports their finding of accuracy of their reporting, they can verify.

 

Contact with your state AG and/or the CFPB would involve some assertion of violation of either the FCRA or FDCPA, which I dont see at this point.

They can verify if they have reasonable basis.  As a prelimary to any violation, someone would need to review alll the evidence, and make a determination that they have no reasonable basis.  That would involve civil action, with a ruling by a judge on the facts.

 

Pursuing reinstatement of the PFD is certainly an option.  The other is, in my opinion, to bring civil action and get a determination as to the legal validity of the debt.

Neither the DV nor dispute processes provide for resolution of that factual issue.

Message 3 of 4
Bcutiebooti
Member

Re: EXTREMELY STICKY SITUATION (PFD GONE WRONG)

Thank you Cnnlov and RobertEG! I have great news. My apology worked!! The CA accepted my apology and reinstated the PFD. I literally poured my heart out and they really accepted. They did move the date from the 15th to tomorrow but that's fine I'm going to pay it tonight! Sooooooo happy!!!!
Message 4 of 4
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