Improper debt validation and collection practices???

[Anonymous]

I have a collection on my account that i am not aware from i apartment that i moved out.I sent out a DV lettter to Professional debt Mediation on 07/11/2013 nad it was received CMRR on 7/14/2013. I received a call on 08/12/2013 about the settlement and i explained the debt need to be properly vaildated because when i left the appartment i had walk-thru inspect and they said it was fine.So she decided to send the vaildation by email,when i looked at it there were a lot of discrepancies and it looks like the landlord and the collection are trying to pull a scam here.See the email that i sent below:

To whom it may concern:

There is a lot of discrepancies regarding this debt. The first is I was never notified or sent a bill regarding this charges. I had a walk through with one of the associates on the day I left the apartment which is 12/11/2009 in which confirmed that the only problem was the blind bent by my daughter .However, the walk through shown here is has date for 12/10/2009.I am not sure how it possible to have a walk-through when I am still at the apartment but the document states that I am not available.

Georgia law requires the landlord to inspect the premises for defects and compile a list of damages and their estimated dollar value.  The inspection and the list must be completed within three business days of termination of the occupancy.(Dec 16th,2009)  The list must then be furnished to me within five business days from termination of the occupancy.(Dec 18th,2013) See Georgia Law 44-7-33(b).  If the landlord is late, he loses the right to retain your security deposit even if the apartment was left in shambles. 44-7-35(b). All landlords regardless of the number of units they own, must return the remaining security deposit to the tenant within one month after termination of the lease or surrender and acceptance of the premises, whichever occurs last. 44-7-34 .

The statement/bill claimed to be sent was prepared on 12/21/2009 and printed on 12/23/2009, which is pass the required Georgia Law for notifying the tenant within five business days.

Long wood Vista and Professional Debt Mediation failed to provide me with the final damages inspection report and the 30-day notice of your intent to withhold the security deposit – both of which constitute violations of the Security Deposit Act under Georgia law. As a result forfeited any right you had to withhold any portion of my security deposit for any damages to the premises.

I know my rights as a consumer and tenant under the Georgia Laws 44-7-30 to 44-7-37 as well as the FCRA/FCDPA. I am willing to pay [$50 as settlement for this debt] in return for your agreement to remove all information regarding this debt from the credit reporting agencies within ten calendar days of payment. If you agree to the terms, I will send certified payment in the amount of $50 payable to Profession Debt Mediation in exchange to have all information related to this debt removed from all of my credit file.(The $50 is to save me the cost of having to file a claims at the Gwinnett county court for improper collection practices as well as Withholding of my security deposit). If not I will have to challenge/dispute the debt with Longvista and PDM based on the Georgia Landlord/tenant laws as well as the FCRA and FCRA. I will also be sending a demand for my security deposit from Longwood vista for violating the  security deposits rule laid out in Georgia Code O.C.G.A. §§ 44-7-30 through 44-7-36.

Thanks,

And she responded back with this:

Ms XXXX,

This debt will remain on your credit until it gets paid.  Thank you,  “Now you have a good day.

I know this is enough for the CRA to remove from my file but how do think i should approach this, i have also sent a demand letter to the landlord as well as copy of this letter and statement from the collection agency.

Thanks

[DaBears]

I would consult with a local consumer attorney. Looks like you have a nice case here. 

[Anonymous]

Or if you are still in the area you could file a claim through the small claims court in the county. As a part of the request for damages you could put credit report deletion in there. I did a small claims with a local auto dealership. As soon as they were served they called me to settle for what I was asking. You could name the complex management and the collection agency as defendants. The collection agency may not care but most businesses don't want small claims actions against them to remain on the record.

[RobertEG]

What you have would form a good brief before a court.  That appears to be the appropriate forrum for your demands.

Most of what is demanded within the letter is well beyond the requirements of FDCPA 809(b).

They are required to investigate, and report a finding to the consumer that is supported by their documentation.  They are not requred to produce that documentation to the consumer, and there is no party under the DV process to consider evidence or make a binding finding of fact. 

Additionally, they can choose to simply not respond, provided they discontinue active collection.  There is no requirement to reply to a DV within any period of time.

If the DV was untimely, which is not apparent from the post, it would not have even imposed a cease collection bar.

If sent to the CRA in the form of a dispute, then yes, they would have 30 days to respond to the CRA.  However, they can respond by simply stating they have investigated, and find their reporting accurate.  Again, no requrement to provide supporting documentation, or "prove" the valdiidty.  The CRA will accept their verification, and has no means within a dispute process to require both sides to produce all documentation, and rule on the accuracy.

It appears that civil action would be the appropriate remedy at ths point, thus getting the facts before a judge.

[Shogun]

Ms XXXX,

This debt will remain on your credit until it gets paid.  Thank you,  “Now you have a good day.

Seriously?  That's what they sent back?  It would be, "challenge accepted".   Get an attorney, see if their attitude changes.  Good Luck