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Established Member
mandar13077
Posts: 21
Registered: ‎09-24-2012

Need some advice on what to do

Hi everyone. I need some advice on what I should do about a baddie on my credit. Sorry if it is a little long.

One of my best friends and I rented an apartment in Florida and everything was going good. Well during the middle of the lease she lost her job and before the lease was up I found out that the department I worked in was closing the following year. When our lease ended September 2007 we moved out and I thought everything was okay because they kept the deposit.  By January 2008 I had accepted a position with my company in another state and off I went. Well during this time my father was very sick and in the hospital and had to have multiple surgeries.

Fast forward to 2012 I pull my credit and find that I have a collection for $650.00. Not realizing what it was for I disputed it with EQ and they came back saying the debt was valid. I talked to my best friend and she said that she didn't have it on her credit report. I was like okay I need help getting it off my credit because I don't owe it. I never received ANYTHING from them even though I moved out of state. Now my best friend is going through a long medical issue that she can't control and I feel like I am stuck between a rock and a hard place.

I really don't want to have to pay for it when I don't think I owe it. Do you guys think I should DV and request that they provide exactly why they think we owe the $650.00? From the name of the company on my credit it looks like the apartment complex sold after I moved out, so could that be in my favor? If they come back and validate the debt do I have cause to dispute it again?

 

I have never been in this situation before so I am totally clueless on what needs to be done. According to the CBR the collection agency is National Collection Consul, who I have never heard about. I couldn’t find anything on the boards about them either.

 

Thanks in advance for any help/advice that you can give.

Moderator
Shogun
Posts: 12,896
Registered: ‎04-15-2011

Re: Need some advice on what to do

I would say yes, send a DV.  You say you haven't received anything from them, so if you haven't received a dunning notice then the DV would be considered timely.  The debt is 5 years old, what is the SOL for the state you lived in and the state you live in now?  This would tell you if you were still able to be sued for the debt.


Starting Score: 504

July 2013 score: EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
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Current scores after adding $81K in CLs and 2 new cars since July 2013
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Established Member
mandar13077
Posts: 21
Registered: ‎09-24-2012

Re: Need some advice on what to do

The SOL for the state I originally lived in is 5 years and the SOL for the state I live in now is 6 years.

 

I do have a question, since it is a "joint" account and I DV the CA and they validate the debt, would I be totally responible since I am the one contacting them? I just don't want to be responsible for the full amount if I am not able to get it removed without doing a PFD. If I decided to do a PFD should I offer less than half? 

 

Thanks in advance!

Valued Contributor
rootpooty
Posts: 1,712
Registered: ‎10-28-2011

Re: Need some advice on what to do

Were both of you on the lease? Was the rent paid in full every month until the lease was up? Was the apartment left trashed after you moved out? How much was the security deposit that they kept? When you move out of an apartment everything is OK when you get your security deposit back. Something is wrong if they are refusing to give it back.

As far as a DV goes they really aren't under obligation to respond. If they are money hungry vultures they will respond.

Answer my above questions and I can help you out more.

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Established Member
mandar13077
Posts: 21
Registered: ‎09-24-2012

Re: Need some advice on what to do

Yes, we were both on the lease. The rent was always paid on time and we gave proper notice that we were not renewing our lease. At one point during the lease we had a flood issue and they came and fixed it (it was not our issue it was the plumbing). To be honest I do not remember the exact amount of the deposit since it was a while ago. Our rent was over $800 so I would say our deposit was at least $800.00. The apartment was clean when we left it. The amount from the CA is $650.00.

 

Once we moved out of the apartment I never remember getting anything from them. After we moved out of the apartment I moved out of state less than 5 months after that. At no time did they try to contact me.

 

Thanks.

Moderator
Shogun
Posts: 12,896
Registered: ‎04-15-2011

Re: Need some advice on what to do

Send the DV.  See what they send back.  Then if they validate, do a direct dispute with the creditor.  That way you could find out exactly what the charges are for.

 


Starting Score: 504

July 2013 score: EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+

Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!
Established Member
mandar13077
Posts: 21
Registered: ‎09-24-2012

Re: Need some advice on what to do

I finally received a response back on the DV that I sent to the CA that is listed on my CBR. Well, I had asked them to provide proof the the amount that we owe (joint acct) so I can determine what is going on. I FINALLY realized why I never received anything in the mail. Even though my name was listed first, under the forwarding address it had her parents OLD address. That is why I never received anything in 2007.

 

Some of the charges I don't agree with, but some of them I can see why. So now my question/concern is what do I do now? The balance is for $650.00 and isn't due to fall off until 2015 I think. Do I need to send a PFD for half of the amount even though I don't feel like I should pay for half? I just don't want this to haunt me until it falls off or they sue me. LOL

 

If I do the PFD, you think that I should put in the letter that the address listed isn't even mine and I wasn't aware that that address was listed? 2 months after we moved out of the apartment I was living out of state with my job.

 

I hope this makes sense to whoever is reading this. I don't want to give up cause I really feel like that I shouldn't be responsible for it, but I don't see the other party paying for it.

 

Thanks and sorry for the rambling.

Moderator
Shogun
Posts: 12,896
Registered: ‎04-15-2011

Re: Need some advice on what to do

I'd send the PFD offering 50% and see what they say.  It's worth a shot.


Starting Score: 504

July 2013 score: EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+

Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!
Moderator
Shogun
Posts: 12,896
Registered: ‎04-15-2011

Re: Need some advice on what to do

I'd send the PFD offering 50% and see what they say.  It's worth a shot.


Starting Score: 504

July 2013 score: EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+

Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!
Established Member
mandar13077
Posts: 21
Registered: ‎09-24-2012

Re: Need some advice on what to do

I will do that. Thanks for your help.


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