national credit systems DV response

[Anonymous]

This is the letter I received from National Credit Systems,inc.

"....Your dispute is being investigated; however, we have yet to find sufficient evidence to validate your claim(s). It is very important that you provide our company with all documentation supporting your position... .. In the event that new information is obtained that places doubt on the validity of this debt, we will promptly update our records accordingly. In addition NCS,inc will revise or delete the information it may have reported to all three bureaus, in full compliance with FCRA, FDCPA and any state regulations that are applicable....... "

Ok, back story on this account:

This is from an apartment complex I signed a 4 month lease with , knowing that I may move out sooner dependent upon my DH finishing his Tech school for the Air Force sooner(which he ended up doing) The office manager at the time had no problem whatsoever, the lease even had a military clause. When my DH received his military orders, I brought them to the office, and they made a copy and asked when I wanted to vacate the apt between that day and the date on the orders. The day I gave them a copy was around 1/08/2007 and the day on the orders was 2/23/2007.  I said immediately because I have family where we were going to be stationing ,and thought it was a good idea to seek housing.  And the manager, again, had no problem. I cleaned the place spotless and gave them the keys and moved out, they said the place was clean and that was it. Until I saw this on my credit report( 3 months ago)  Before DV'ing, I called the apt complex, turns out the manager I went through no longer works there, they have no current contact inforamtion for her either..and they supposedly have no record of the military orders. When I told her I could send an additional copy, the date issue came into play. She said that she would not have accepted it because the date I moved out does not match the date on the orders.. but she also couldn't locate a copy of my lease and she told me that the account was sent to collections and to deal with them from now on...

I sent the DV and with the ^above response, the only thing the CA sent from the complex is an itemized bill trying to charge me for one months rent, reletting fees, new keys and locks, carpet cleaning and water for the month totalling 680.84.

 This is just completely absurd, I wish I knew where a copy of my papers were, but with moving Im sure I misplaced them 

So, my question is....

Should I send a copy of my DH military orders, or will that not be good enough since the move out date on the itemized bill is not the same-nor in the same month as my moving out. Or should I just wait out the 30 days and see what happens. I'm worried if they can validate, I dont know what my next course of action is.

 Thanks to all who respond, I am really at a standstill.

[Anonymous]

This is my 3rd try in answering your post.........it is confusing to me.........next post please leave out any personal info. that is not needed............had to weed out the info.       IS THIS what did.

Sent a DV to a CA....The CA sent you a letter in answer to the DV.........They told you that they have no recordes????    send this to them    make changes where needed ( do NOT puy any info about why you moved or anything else!!!!!   It is up to them to give you proof that the debt is yours!!!

The only

 info that you give comes from your CR!!!  I will repost the letter that you send to the CA   CMRRR

Do not talk to them!!!  everything in writting.

Company
Address 1
Address 2
City, State Zip

Date

RE: Account XXXXX-XXXX-XXXXX

Dear Sir/Madam:

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

As of ( DATE that you received their letter) You have refused to validate this debt.Therfore you are in violation of FDCPA.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter.

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

• Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
• Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
• Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
• Intimate knowledge of the creation of the debt by you, the collection agency.

As you are already in violation, I expect all referance to this account be deleted from my credit report, as this entry and any update of such entry will be concidered another violation.

Thank You,

TYPE YOUR NAME.....DO NOT SIGN

[haulingthescoreup]

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@Anonymous wrote:

This is the letter I received from National Credit Systems,inc.

"....Your dispute is being investigated; however, we have yet to find sufficient evidence to validate your claim(s). It is very important that you provide our company with all documentation supporting your position... .. In the event that new information is obtained that places doubt on the validity of this debt, we will promptly update our records accordingly. In addition NCS,inc will revise or delete the information it may have reported to all three bureaus, in full compliance with FCRA, FDCPA and any state regulations that are applicable....... "

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This is the latest con by CA's. It is absolutely not your responsibility to provide this info. It is their responsibility to validate.

Don't be conned into giving them info that will make their job easier.

[Anonymous]

sorry about the personal info.. I was trying to explain the situation, and whether or not to send military orders.....

Thanks for the replies!

I was not going to give them any personal information,  I personally do not think they can substantiate their claim anyhow.

Happydays, thanks for that letter! I will send it ASAP!

Message Edited by acissej323 on 03-15-2008 10:53 AM