$2k Collection dropped off but came back for $144k [Florida]

[Anonymous]

I'll try to make this short. When I was 17-18 I lived with my parents in an apartment. They broke the lease when we moved to another city and were sent to collections for $2k. At the time everyone who lived in the house had to sign the lease, including me who was in high school then college.

The collections for $2k was on my credit report up until a few months ago (last year) when I was trying to buy a car and saw that it was held against me, I disputed it since in my eyes I had no obligation to it. It dropped off my reports (all 3 bureaus) after I sent letters disputing it.

Just today I got a letter from a law firm that is referencing only the original name of the apartment place (the actual account number they give is not the same as the old one, and is weird it says 112233apartmentplace) and in the letter it says I owe $144,061.00.

Yeah, $144,061.00.

In the letter it does say that I have 30 days to dispute or it will be assumed valid and that no attorney has personally reviewed the charges. How should I proceed?

I also pulled my 3 reports in March and there was nothing in my collections, now in May the apartment reappeared but for $1.7k. The original date was 10/2011 with an update in 12/2012.

I was in the process of trying to finance a car and now think I really won't be able to, I've been trying to fix my credit that was damaged by my parents, I started last year at 560 and am currently at a vantage 650. I feel like its all going down the drain and out of my control. (I have two credit cards that are 100% paid on time.)

[RobertEG]

When you previously disputed and it was deleted, did you receive a formal Notice of Results from the CRAs?

Once information is deleted based on a dispute, it can be reinserted.  However, the party who requests reinsertion must submit a pre-ceritifcation of accuracy to the CRA, and if the CRA accepts and reinserts, then the CRA is required to send you a formal notice of the resinseriont within 5 days.

Did you receive a separate notification from the CRA? If not, the reinsertion was likely not in compliance with the FCRA.

I would send the debt collector an immediate debt validation (DV) request under the FDCPA, requsting validation, the name of the original creditor, and an itemization of the asserted debt.  Make sure to do so within 30 days of receipt of their collection (dunning) notice.

[Anonymous]

@RobertEG No I never received any letter from the CRA or the debtor. It just fell off all the reports I pulled from the bueraus and my credit monitoring service (since I am repairing what my parents did to mine.

I've been told the simpler the DV the better, is this suffice? Its a modified letter from the forum. However I just find it odd that the account number is different from what the previous collector had, its just "112233apartmentplace".

Name of CA
Address of CA
Your Account No
Date
 
To Whom It May Concern,
 
I am disputing the alleged debt owed to the account. This is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b), that validation is requested. 

 
With regards,
 
Your Name
Your Address

[RobertEG]

Yes, simple is best, except that a DV must explictly requst the name of the original creditor if it is also desired.

Additinally, an itemization of the debt is somethng affirmed as a permissible part of a DV request, so I would also include that request.

"This a a request under FDCPA 809(b) for validation of the the debt, including an itemization of the debt, and the name and address of the original creditor."

[Anonymous]

Okay so I'm going to go with the below, but I have a question, I know the amount they are reporting is incorrect, if they fail to prove that amount for that account, can they come back again with the appropriate amount and same account, can they pursue that? 

Also, why are DV's preferred instead of disputing the account on one of the bureaus websites? And in the DV, Ive seen some samples request copies of the original contract, are they required to send that if requested?

Sorry about the many questions, I just want to be rid of these people already.

Name of CA
Address of CA
Your Account No
Date
 
To Whom It May Concern,
 
I am disputing the alleged debt owed to the account. This is a request sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b), for validation of the debt, including an itemization of the debt, and the name and address of the original creditor. 

 
With regards,
 
Your Name
Your Address

[RobertEG]

I would not say that a DV is "preferred."  It has its own merits and drawbacks as compared with a dispute under the FCRA.

The distinctin between the two is that a DV request does not require the specific identification of any inaccuracy, and is simply a request that they provide validation of the debt, but has no requirement to or period for response.  If sent within the 30 period after receipt of dunning notice, it imposes a cease collection bar on the debt collector, which remains in effect until such time as they choose to send a response. 

A DV can be sent with or without any reporting of a collection, as it does not relate to credit reporting per se, but rather to a request for validation of the debt itself.

A dispure under the FCRA relates to the accuracy of credit reporting, and must therefore identify a specific inaccuracy n reported information, and provide an explanaion of who the reporting is inaccurate.  A dispute imposes a requirment that the asserted inaccuracy be investigated, and a response sent within 30'ish days, to it has a specific date of conclusion.

You can send both a DV request and a dispute of the accuracy of reported information.  They are not mutually exclusive.

[FireMedic1]

If you were 17 and a minor. Why would they have you sign the original legal document? You were not an adult yet or could be held responsible even now. Correct me here if I'm wrong.

[fltireguy]

OP may have had to sign it as a minor, just as a resident, but, obviously, OP in no way can be held financially responsible for anythin related to that document that they signed.  IF it was showing on MY credit like that, and I got a collection letter to that magnitude, I would probably call one of the many TV lawyers and go after them...

[fltireguy]

also, how did your parents damage your credit? is there more to it than just the apartment collection...?

[Anonymous]

As was stated earlier, if you were a minor when you signed, you can not be legally held to whatever you signed. I would contact a lawyer and sue all involved.