02-18-2011 04:45 PM
I received a response from a DV letter that I sent. I was for an apartment that I rented a few years back. I had to terminate me lease early and move (paid all my rent on time throughout living there) However they are trying to say I owe additional fees of $3373.26
The response to DV stated Enclosed you will find attached written confirmation from our client as verification of this debt ( The provided a PARTIAL copy of the lease contract ) however, I can not see anywhere in it that I should owe this money. There is some of the lease agreement missing (4 pages) that they never supplied to me.
The amount is one months rent for a cancellation fee fro early termination (this I can understand) and the rest is a payback of concessions ( I received discounted rent every month that I lived there)
They also included a final statement- in which I never received and never signed
They also have another account with me that I also DV and the response included 500 for through sure deposit. sue they are saying I owe the 500. For this they provided a bond acknowledgement that I signed. It states that any dispute must go through binding arbitration.
not sure what steps to do next???? Do I DV again and request that they provided further proof? I think I should do a PFD letter for the collection at 500??? Any suggestions would be helpful.
02-18-2011 06:47 PM - edited 02-18-2011 07:04 PM
Debt validation/verification by a debt collector in response to a DV letter does NOT require them to provide any legal proofs. Just to state what they assert is owed. A simple listing is usually considered proper validation/verification. Debt collectors simply dont keep detailed OC account documents as part of their normal busines records, and are thus not the source for such records.
If you dispute the accuracy of any item of information,in your credit report your recourse is to file a dispute under the FCRA. The DV process is a debt collection practices process, and not a dispute process.
If your OC never reported to the CRA, and only the debt collector reported, you obviously have no OC credit reporting to dispute.
If you dispute with the debt collector, all they have reported in their CA is their collection authority and the amount of the debt that the OC told them was due. I dont see any legitimate dispute with the debt collector.
In my opinion, you have received proper debt validation. Further recourse seems to be by way of legal action against the OC for violtion of your rental agreement with them. I dont see a recourse under the FDCPA or the FCRA, unless the OC posted to the CRA.
02-18-2011 06:57 PM
In addition to what Robert said, you could ask the CA to send you the missing pages of the lease agreement.
Most landlords/management companies do have a stipulation that if you break the lease, you will have to pay back all concessions (the discounted rent).
Most landlords/management companies don't have you sign a final statement of money owed.
Check the state's laws. The laws clearly state that the landlord/management company must provide, in writing, a final statement of charges and refund your deposit (less any fees) within 14 days of you vacating the property/the lease ending. Did they do that?
What is the other account you were referring to? The $500 one?