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DV-Bill does not have my name on it


memo1
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Long story short-realty company says we owe them money for damage to the house we rented-mostly rug and cleaning bills. Unfortunately, we did not take pictures prior to leaving the house and have no statement of the damages prior to move-in. (Lesson right there) Even though the charges are outrageous for cleaning and the rug, I think we may have no choice but to pay. In the meantime, both I and my roommate have requested debt verification and have filed complaints with the BBB.

In response to my DV, the collection agency provided me with a copy of the bill addressed to my roommate. They provided no other support or documentation.:roll:

The debt has been assigned to this collection agency and they have said that in 45 days they will notify credit agencies. As assignee, can they still put this information on our credit reports? What information will they have to supply as part of this? We are trying to resolve this with the company but would like to do so before it hits our credit reports.

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The bill does have the Realty company's name on it-it's a fax from the realty company to the collection agency. However, I am not named on the bill.

Well, you MAY be able to skip out since your name is not on the bill, however, you might be sticking your roommate. IMO, I would still go with the letter stating that you believe the carpet was in a "normal wear and tear" condition and would like to ask for any photos or receipts that substantiate their claim.

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Assuming you lived in Texas when this alleged debt occurred...the CA must be bonded in the State of Texas. And it still might not matter if you didn't live in Texas...you do now...so...mind if I ask the name of the CA?

Read the thread in my signature.

Yes-I did live in Texas when this occurred and still do. I had looked into this (apparently not well enough) and did not think CA's were required to be bonded. Awesome find. The name of the agency is Credit Collections and I'm not having any luck finding them. I know from reading your post that the search function is picky.

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Assuming you lived in Texas when this alleged debt occurred...the CA must be bonded in the State of Texas. And it still might not matter if you didn't live in Texas...you do now...so...mind if I ask the name of the CA?

Read the thread in my signature.

Looks like they are in there. Out of Oklahoma City. The office that I'm dealing with is in Texas, but I'm sure that's ok.

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You can write a letter to the CA

Also here is an EXAMPLE letter I sent to a CA. PLEASE change it to fit your needs. You may have to change #2 and you can get the bond information from the TX SOS web site you already been to.

TODAY’S DATE

COLLECTION AGENCY NAME

STREET ADDRESS

CITY STATE ZIP

PHONE

Dear Sir or Madam:

Please do not contact me via phone as all calls are recorded at work and recorded at home regarding this matter. All my financial matters are currently being handled in writing. I did not ever open an account with your company or apply for credit with your company. I am not aware of any account I have with your company. Please provide me with the required debt validation documents to show this alleged debt is mine. I will only accept all of the below documents as validation of this alleged debt per the Texas Finance Code Debt Collection.

1. Provide proof that your company owns the alleged debt or has been assigned the alleged debt.

2. Provide me with a complete payment history, starting with the original creditor if you are not the original creditor.

3. Copy of the original signed loan agreement or credit card application.

If you have not provided me with the above requested documentation after thirty days from signing for this letter, you are then required to remove any credit inquiry or account you have placed on my credit file listed with the credit reporting agencies and respond in writing. If you should continue collection activity after signing for this letter and have not provided me with the above mention documentation, I will make a claim against the surety bond filed with the Texas Office of the Secretary of State.

BOND CARRIER NAME

STREET ADDRESS

CITY STATE ZIP

PHONE

BOND NUMBER

FILE NUMBER

Thank you in advance for your cooperation in this matter.

YOUR NAME

YOUR STREET ADDRESS

CITY STATE ZIP

SIGNATURE

Worst case they verify all this information. Then discuss a settle amount and get it in writing that you will pay XXX amount only if they do not sell or report it to the CRA's. If they refused to do that, then I'd just either not pay at all and deal with the collection account on your credit report (because you live in TX you can request debt validation again at a later date or dispute it with the CRA's again and get it deleted) or pay the Real Estate Company. You will end up with a paid collection on your credit report. Stop talking to them on the phone if you currently are.

Others will probably give you additional advise.

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