Last CA on my report and they're being difficult!

[5oClockSomewhere]

I have a CA from 2004 from an apartment I used to live in.  I guess it's for ending my lease early, but when I moved out the apartment office said they'd waive the fee because I was breaking the lease since they promised me a 2-BR apt would come available and it hadn't and 1-BR wasn't enough for me.

I never heard anything about this account, and when I pulled my reports in May I saw this CA for $848.  I disputed the TL and it came back verified.  I sent a DV CMRRR to the CA.  Never heard anything back.  I filed a complaint with the BBB and the AG.  Got a reponse from the State forwarding the CA's reponse to their notification that I had filed a complaint.  They said that my letter to them just stated that I disputed the account, not that I required proof of anything.  Absolutely not true!

I was beyond ticked at them, and at the old apartment company.  The only info they have is the lease I signed.  So, I sent them a PFD letter offering 50% of the balance.  I received a letter in the mail today with my opened letter attached to a sheet listing 3 different response options with the response "We have verified this information with our client and the balance is now due in full immediately." checked off.

Sooo, as far as I know, they're beyond SOL in my state, in fact, it's due to fall off my report in 2011.  I REALLY don't want to pay these guys $850 if I can help it.  What would you guys suggest doing?

I was thinkigng of writing a letter and attaching their letter to it (like they did mine) and just say something like "If I pay this amount you say is owed, will you delete it from my credit report immediately?"

HELP!  This is my last CA that's showing on my credit report... and boy is it proving to be the toughest!

[LIGHTNIN]

Can you share the name of the CA? maybe that can help with replies

Have you tried contacting the old apt company?

Do you have a final bill from apt co?

Message Edited by LIGHTNIN on 10-24-2009 08:46 PM

[RobertEG]

The OC apparrently does not remember your aqreement with them regarding release from your rental contract, and thus referred it to a third party CA.

With nothing in writing, you are between a rock and a hard place,

If you truly believe that you dont owe this debt, you have two concerns.  The first is whether they can collect it.  If your SOL has expired and they sue for collection, all you have to do is show up in court, and assert an SOL defense.  So I doubt they will sue you.

The second concern, which is apparently your primary concern, is the continued inclusion of the CA in your CR.  Getting the CA off of your CR is sticky.

Sending them a DV letter does not compel them to do anything other than cease active collection activities until such time as they may choose to respond.  There is no statutory period for a CA to respond to a DV request.  I dont see a basis for any complaint with the BBB or your state AG on any admistrative violation of the FDCPA or FCRA.

You have a legal dispute over whether the debt is legit., 

Their failure to accept less than the full amount is kinda strange, if they know that your state SOL has expired, for they have no legal clout left to collect the debt.  I would push the PFD with them.  They are stupid not to accept it, unless they consider your prior payment offer as a reset of the SOL in your state, and are thus willing to take legal action.  In some states, offers to pay can reset the SOL.  Know your state SOL statute.

If you are willing to wait for the statutory drop off date of 7 1/2 years from the alleged DOFD on the OC account, then you can probably just ignore it.  Another two years of inclusion in your CR.  Do you contemplate application for new credit during that time?

[Anonymous]

If the lease was in Fl. then you would be past SOL this year. 5 years from DOFD. Check the month. If past SOl  mail them a DV  CMRRR along with the past SOl letter.

[RobertEG]

If you have already DV'd the CA, and received no response, I see a further DV as a waste of time and money,

The primary purpose of a DV letter is to force cessation of active collection activities until such time as the CA may choose to respond.

You have already done that.  DV under the FDCPA has nothing to do with credit reporting under the FCRA. 

[Anonymous]

What did you ask for in your DV letter and what did they give you?  If you used a DV letter from this site and they mailed it back to you with no VALIDATION.....then copy it and mail it to the AG in Fl. as proof that you did ask for validation not verification. 

I would be sure to be past SOL.

Even in a PFD you MUST state that you dispute the charges.

When a CA doesn't answer a DV letter after 30 days you can....file a second DV  CMRRR and wait......then if n answer mail this letter to all CRAs reporting along with a copy of the DV letter, cert # and copy of the front & back of the GCs. Do not sign this letter just type your name.

Your name

Address

City,StateZzip

CRA Name

Address

City,State Zip
 

Date

RE: Account #_________/Original Creditor’s Name

Dear CRA::

This is a request for deletion of a disputed item. I have attempted to have this alleged debt verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that “collection agency” do what is legally mandated by the FCRA and FDCPA, and delete the account listing.

Name of Creditor/collection agency, Account #_________

On XX XX 09, "Collection agency" received a demand for validation from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request.

As of today, XX XX,09 they have failed to provide any proof or respond in any way.

On XX XX,09, I sent a second letter. Again,I have received no response. Attached is a copy of the letter and U.S.post office showing they did receive that letter.

The FDCPA states they Must cease collection activity until they produce verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or they would have provided it in the previous XX months since it was requested.

Also, when an alleged debt is disputed, a notation must be entered on the debtors report showing the item as in dispute. Again this was not done. Another violation of the FDCPA.(DELETE THIS PARAGRAPH IF IT DOES NOT APPLY).

As per the FCRA, if no proof of debt exists, it may not be reported to the credit bureaus.The FCRA also states that the credit reporting agencies must receive written proof from the debtor. Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its entirety as there is no proof of its existence as evidenced by my attached documented proof.

Sincerely

Your Name PRINTED ONLY

[5oClockSomewhere]

Thanks for all the responses! 

Unfortunately this was my 1st apartment after moving from home and I didn't keep records or ask for anything in writing.  The problem is that DH and I are trying to clean up our history in order to buy a house, and just thought that it would be easier for me to pay the CA then to have to argue with the apartment complex.  It's a corporately owned place that probably doensn't have any of the same office staff as when I lived there, and I figure since I don't have anything in writing I really don't have a leg to stand on.

The date that the CA is referencing is 6/30/04--so that is just over 5 years beyond SOL.  From what I can tell, it's a small CA so I really don't know why they didn't have any interest in the PFD.

The complaint I originally filed was that they hadn't responded to my DV.  Even then they never responded directly to me, they responded to the AG and then the AG responded to me.

So since I am beyond the SOL, what would you do?  I thought being boyond SOL meant they just couldn't sue me, right?  I just want the account gone form my CR.  They've been so difficult that I really didn't want to offer them full payment right off the bat.

[5oClockSomewhere]

Bump for help for the little weakling.  ;-)

[RobertEG]

Since the FDCPA sets NO period in which a CA must respond to a DV request, I dont think they have violated anything by not yet responding.

A DV under FDCPA 809(b) is not a dispute under FCRA 611(a), and has no statutory response period by the CA.

Letters to a CRA relating to alleged violations of the FDCPA are not the perogative of the CRA to resolve, and they wont.

What a DV letter does is to force the CA to cease active collection activity until such time as they provide validation.

[5oClockSomewhere]

I understand what you are all saying about the DV and what that entails.  I've already passed that step and now that I've gotten a response from the CA I'd just like to know what some of the pro's would do.

My single objectives is to get rid of this TL, and as quickly/easily as possible.  I could pay the full balance they want, but I just didn't want to hop up and offer that right away.  

They sent me a repsonse to the PFD for 50% that I sent them.  It am past the SOL for them to sue me, so I guess they're at the point where the only way they'll get any money is if I send it to them.

What would you do now?  Ignore the response from them saying that the full balance is due and send a PFD letter for a little more money?  Or send a letter saying that I'll pay the balance they say is due if they delete the TL?  I just don't want to get into any trouble, but I thought I got the impression from other posts that folks here will generally slightly increase their PFD offer every letter they send.