stacykat Posted August 10, 2003 Report Share Posted August 10, 2003 I've posted about my collection a few times but just got some new info and need some help. Briefly here's the situation. I have a 6 1/2 yr old collection on my Equifax report from a CA *assigned* by the OC. They have verified with Equifax several times and refused to delete the account after I notified them of several errors they are reporting. They want me to pay in full. Here's the kicker, and hopefully it will get me somewhere with this lol. I just found out that the apartment complex no longer is owned by the OC, it now goes by another name and is owned by another management company, this must've happened recently because I have checked into this a few times before. The CA is continuing to report and attempting to collect an assigned debt for a company no longer in existence. Is this legal? Seems to me that if they collect money on this assigned collection they would keep it all since there is no business for it to go to. The management company for the apartment is still around but they aren't named on my credit file anywhere, do I need to contact them? I was hoping that I could just write a nice letter to the CA and let them know that I am aware of this and demand a deletion. If anyone can help me I would be forever grateful. Link to comment Share on other sites More sharing options...
jam Posted August 10, 2003 Report Share Posted August 10, 2003 Hmmm, did you think to try OC verification... Since the OC doesn't exist anymore, they can't verify with the OC (or shouldn't be able to), and it should be deleted. Give them the address of the complex, that's the last known address that you had for the OC, the new owners should either say, its not ours, or ignore it...This is the route that I finally had to do to get rid of a Golds Gym listing for a franchise that had changed owners at least three times (the original owners that I signed up with mismanaged, including never providing membership cards -- the reason that I refused to continue paying after the first month which was paid in advance. Why pay for something, if you don't have a card to use the facilities.)In that case not only did the CA refuse to validate, they refused the last owners requests to close the account; and the NEW owners requests to close the account.Someone else may be able to think of other ways, but OC verification should work. Link to comment Share on other sites More sharing options...
stacykat Posted August 10, 2003 Author Report Share Posted August 10, 2003 Is the OC verification something I do with Equifax or the CA? If I do it with the CA do I tell them that I'm aware that the OC is no longer in existence or wait for their reply to tell them? Also, the street name that the complex is on has changed, should I give them the old address that is listed on the "validation" supplied by the CA or the new one? Their letter may get returned to them if they send it to the old one, that may be good for me right? Link to comment Share on other sites More sharing options...
LadynRed Posted August 11, 2003 Report Share Posted August 11, 2003 Why are you fussing with this when the SOL has EXPIRED in FL ???? You may be able to get deletion with the CRA's using WhyChats SOL letter. After you send the SOL letter to the collection agency, you then send a 2nd letter to the CRA's asking for deletion on an 'invalid debt'. You can get both letters here - same page. http://community-2.webtv.net/YCHANGE/STORAGE/page13.html Link to comment Share on other sites More sharing options...
stacykat Posted August 11, 2003 Author Report Share Posted August 11, 2003 I've sent them a letter explaining that the SOL is up, they responded with a collection notice and phone call to my job. I have seen the whychat letter before but didn't send it because I thought that it should be used when a CA threatens to sue. Can I still use this if they haven't threatened me? Link to comment Share on other sites More sharing options...
ms6073 Posted August 11, 2003 Report Share Posted August 11, 2003 StacyKat,Could you link to one of the previous threads in which you describe the root of the problem with the original property management company? Am I to understand that you are a Florida resident, if so have you consulted the Florida statutes for "Renters rights":http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/PART02.HTMSpecifically -83.49 Deposit money or advance rent; duty of landlord and tenant.-- (3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address) . If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit. Michael Link to comment Share on other sites More sharing options...
stacykat Posted August 11, 2003 Author Report Share Posted August 11, 2003 I can't seem to find the thread that I first wrote about this collection on. The CA sent me a copy of a notice to impose a claim from the OC, dated 1/97, it had a certified letter number listed on it but I honestly can say I did not receive this. If anything, it went to the address of my ex or another tenant, who are also listed on the lease. I only found out about this collection after my monthly credit report check. It first started showing up in Jan of 2003, which struck me as odd since it was already 6 years old then. The deposit money was kept but they also were trying to get $1100 more. The CA did not provide me with the full lease, only the "schedule a" which had 3 signatures (the only thing stated on this document about damages was "see lease") I don't know what their policy was since I don't have the lease. I may try to contact whoever took the apartment complex over and see if they can tell me who to contact about this. Then if I don't get anywhere see if the CA will do OC verification. Link to comment Share on other sites More sharing options...
ms6073 Posted August 11, 2003 Report Share Posted August 11, 2003 If anything, it went to the address of my ex or another tenant, who are also listed on the lease.If you provided a suitable forwarding address to the OC when you vacated the property and they failed to submit the required documents to you are the forwarding address that you provided, then the OC has no legal basis upon which to pursue this matter. The proof of this obviously would be the return receipt (green card) that they recieved back when the origianl demand letter was sent out. First, contact the new property management company and see if they did indeed inherit the other companies liabilities. If they did not, then you should demand validation from the CA who will either have a forwarding address or will not be able to validate. If the CA has contact information, then you will more than likley need to send them an ITS letter or retain an attorney in order to press the matter of the property management company violating Florida renters rights statutes.Michael Link to comment Share on other sites More sharing options...
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