NEED HELP WITH APT DEBT DISPUTE!!!

[jai8694]

I previously mentioned that I had an apartment debt that refused to validate or budge in either direction. They wanted money money money. I got tired of fooling with them and just gave and paid them about 70% of the balance and they emailed a letter saying the debt is settled. They also updated credit report to reflect legally settled for less than full balance. I had received a letter from them about a 4 days after I made the payment but never opened due to I assumed it was a hard copy of the settlement letter they emailed me. Well I finally opened it today and it was dated ONE DAY AFTER I PAID saying that my account was past due and I had 30 days to dispute the validity of the debt. The balance is the difference between what they WANTED and what they allowed me to PAY. The letter is dated 24 March. Can I dispute and attempt to get removed from credit? I called and they told me while my account is actually settled they wont delete unless I pay the "balance" in full. Can someone please give me some insight and direction? If I have any recourse I am thinking I need to get something in the mail certified no later than tomorrow. I live in Texas. Any and ALL knowledge will be greatly appreciated. 

[gdale6]

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@jai8694 wrote:

I previously mentioned that I had an apartment debt that refused to validate or budge in either direction. They wanted money money money. I got tired of fooling with them and just gave and paid them about 70% of the balance and they emailed a letter saying the debt is settled. They also updated credit report to reflect legally settled for less than full balance. I had received a letter from them about a 4 days after I made the payment but never opened due to I assumed it was a hard copy of the settlement letter they emailed me. Well I finally opened it today and it was dated ONE DAY AFTER I PAID saying that my account was past due and I had 30 days to dispute the validity of the debt. The balance is the difference between what they WANTED and what they allowed me to PAY. The letter is dated 24 March. Can I dispute and attempt to get removed from credit? I called and they told me while my account is actually settled they wont delete unless I pay the "balance" in full. Can someone please give me some insight and direction? If I have any recourse I am thinking I need to get something in the mail certified no later than tomorrow. I live in Texas. Any and ALL knowledge will be greatly appreciated. 

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If its settled there is 0 balance due and the TL must be zeroed out. If you didnt have an agreement with them for removal of the TL at the time you settled the account then there is no basis for dispute. Sounds like they are willing to give you the deletion if you pay them off in full. Your choice on what you want to do,,

[jai8694]

That is what I was thinking but does it give them the right to mail a new letter as if it is a new record? It actually starts off "Your past due balance has been referred to our office for collection. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume the debt is valid. If you notify the office in writing within 30 days from receiving this notice that you dispute the validity of this debt or any portion therof, this office will obtain verification of the debt or a copy of a judgement and mail you a copy of such judgement or verification.This communication from a debt collector is an attempt to collect a debt and any information obtained will be used for that purpose.

That is what confusing me. I "settled" and the day after I settled they sent out a letter (the first notice in this whole ordeal) reflecting the "new" balance. Yes it they have zero balance on credit report but I am confused as to why they would advise of balance after settlement.

[Momof5]

A nicely worded letter from a consumer attorney would put this to rest...permanently.

[RobertEG]

It sounds like either misrepresentation or extortion to me.

They have acknowledged satisfaction of the debt, and reported as such to the CRA.

There is no more debt.

To assert a remaining debt is a misreprestation of fact related to collection of an asserted debt, and thus a violation of FDCPA 807.

They have acknowledged that you have satisfied the debt, yet are offering to delete their legitimate credit reporting in exchange for a payment.

That is an attempt to collect and amount that is not a valid debt by offering to provide some unrelated service for a fee.

Either way, it may be basis for initiating civil action.

That might put a few bucks in your pocket, but is unrelated to deletion of their credit reporting, so it might not be worth your time and effort........

As an aside, since you are a resident of Texas, you might consider the following tactic that could provide your goal of deletion of their reporting......

You are enttiled, under the TX Financial Code, to send a debt collector a dispute of accuracy, often called a TX DV.

Since they have asserted a debt amount that they are still seeking payment, you can contest that amount, and request verification.

Under the TX code they are required to respond within 30 days.  If their response does not provide verification of the (non-existenct) debt, which is likely, then the TX Financial Code requires deletion of the collection until such time as they provide verification of the asserted debt.

If they do provide verification, it would be another nail in their coffin of misrepresentation of an asserted debt.

I would suggest sending a version of the TX DV as your next step, requiring them to either delete or dig their hole a bit deeper....

[jai8694]

Thank you. I had one all typed up and ready to go but didn't know if I had a valid reason to send. Want to follow the law and only dispute legitimate info. I will drop in mail tomorrow and see what happens. I will also seek out a consumer attorney input in order to see if I have legal recourse.