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disputed collection status changed to paid collection instead of being removed?

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Anonymous
Not applicable

disputed collection status changed to paid collection instead of being removed?

I recently submitted a dispute with all 3 credit reporting agencies and the collection now reports as a paid collection on my TU even though it should have been removed completely. The collection was from ProCollect for an apartment that i moved out of early due to relocation for employment and I provided documentation that I was being charged for not giving a 60 day notice, rent and utlity bills for two months after i moved, collection fees and reletting fees even though these were things that I should not have ever been charged for. I submitted a copy of my signed lease as well as my emergency move out plan that I paid extra for when initially moving in the apartment, bank statemts showing the checks that the apartment complex had cashed as well as my new lease out of state 3 moths prior to the bill being sent to collections. The 30 days period for validation has not ended yet but I am confused as to why it would have already changed to show being a paid collection. Is there still a chance they will remove it completely? Or will I need to dispute it again before they will completely remove it from my credit? I have not noticed a change in my EX or EQ.

 

 

Message 1 of 8
7 REPLIES 7
Anonymous
Not applicable

Re: disputed collection status changed to paid collection instead of being removed?

Well, on what basis are you trying to get it removed?

If you moved for 3 months and you still owed them money, and they turned it over to collections, and then you paid it... it sounds like a paid collection.   They would not remove it, only update it. It falls off after 7 years.

Were they collecting it themselves or did they hire a collection agency? If it's a CA, did you get an agreement from the CA for deletion? 


What do you mean by "I should never have been charged", did you get a refund for all those payments you made, i'm a little confused.

Message 2 of 8
Anonymous
Not applicable

Re: disputed collection status changed to paid collection instead of being removed?

I had paid in full directly to the apartment complex 3 months prior to them reporting anything to the collection agency so it should have never gone to collections.

 

And what i meant by " I should have never been charged" is that on the emergency move out insurance plan signed by both myself and the apartment manager states that "only a 30 day notice is required and if the resident is unable to provide a 30 day written notice , the resident agrees to pay the rent balance due to compete the 30 day notice"  I moved out on July 8 2011 and paid prorated rent to satisy the 30 days so i should not have been charged for not giving a 60 day notice.  The insurance plan also states that " The resident will not be charged accelerated rent or cost of reletting fees as designated in the lease contract" so I should have not been charged reletting fees.

 

On the itemized statement I received from ProCollect both items are showing up as unpaid. I paid right under 3000.00 the the apartment complex in July 2011 and in November 2011 it was sent to collections for an additional 2129.00.

Message 3 of 8
gdale6
Moderator Emeritus

Re: disputed collection status changed to paid collection instead of being removed?

On the paid collection I would contact the OC and info them it was paid prior to and that they need to ask their collector to remove it as they sent it to them in error, if they refuse then you can ask the CA to remove based on having paid before it was even sent to collections and then if they refuse take your story to the CFPB and file a complaint on the reporting CA.

Message 4 of 8
Anonymous
Not applicable

Re: disputed collection status changed to paid collection instead of being removed?

Thank you for the advice. I got my letter in the mail from TU and they are only changing it to a "paid collection". I have tried to contact the OC but the company has sold the apartments and the new apartment manager is not being very helpful. I will try and call TU and ask for a explanation on how they came to thier decision and then file a compaint with the CFPB if i dont get any answers.

Message 5 of 8
Anonymous
Not applicable

Re: disputed collection status changed to paid collection instead of being removed?

If you have all of your documentation showing it was paid timely and as stated in your lease docs I would do a BBB complaint and upload the proof there.  Hopefully that would give you the resolution you desire.  

Message 6 of 8
Anonymous
Not applicable

Re: disputed collection status changed to paid collection instead of being removed?

So I got ahold of a supervisor at TU and I was informed that after looking over my documentation they changed the status to "Paid Collection". When I asked why it wasnt removed all together i was told " we did what you asked and updated the collection. If you want it removed I will need to open another dispute and we would need to sumbit your documentation over to the CA for validation"...They didnt even do an investigation on my original dipsute, or even read the second page of my dispute letter. Thanks a lot TU...I had them open another dispute and now the waiting game begins. 

Message 7 of 8
RobertEG
Legendary Contributor

Re: disputed collection status changed to paid collection instead of being removed?

In my opinion, you have an issue of breach of contract on thier part, having held you in default when the terms of your contract and associated insurance evidence no debt.

 

Hower, neither the CRA nor the CFPB are authorized to make such a determination of law.  If the CRA obtained verificaiton back from the debt collector, that terminates the dispute, and there is no violation of the disptue process over which to involve the CFPB.

The CRA was required to have forwarded your prior dispute to the debt collector, and thus they apparently verified.

 

In my opinion, your recourse is with the courts.

File a civl action asserting thier improper holding of a debt, and thus its improper referrral for collection.

Message 8 of 8
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