What should I do now?

[iq180]

On December 7th 2007, I DV 3 CAs and all are in Texas and I now live in Cali.2 CA got back to me December 10th and December 12th (this is what the letterhead is dated). One letter states:

Attached is the information you requested. Our client contends that this is a true and valid debt and has enlisted our help in recovering their loss.

Next letter from another company states:

In response to your recent correspondence, attached you will find documentation pertaining to the above mentioned account.

The 3rd letter head is dated Dec. 26,2007:

Please find enclosed the information on the above reference account placed with our office for collections.

What all have sent were the leases for these apartment complexes

When I sent my letter out this is what I ask them to supply:

Please provide me with the following:

• What the money you say I owe is for;

• Explain and show me how you calculated what you say I owe;

• Provide me with copies of any papers that show I agreed to pay what you say I owe;

• Provide a verification or copy of any judgment if applicable;

• Identify the original creditor;

• Prove the Statute of Limitations has not expired on this account

• Show me that you are licensed to collect in my state

• Provide me with your license numbers and Registered Agent

But like I said all they did was send a cover letter and leases agreements with the dates that they actually received the agreement (which were copies and faxed to them).

What should I do next? Thank you all for any help you can supply.

[razr]

At a minimum, the debt collector is required to confirm with the original creditor the amount being claimed is correct and that the person from whom they are attempting to collect the debt is the person who owes it.

As a matter of law, the CA is not obligated to give you anything more. However, as a practical matter, they need to produce some kind of accounting for what they claim you owe.

You have two options, accept what they sent as proper validation and pay up, or send a follow up letter requesting more information.

-r

[iq180]

I would say that if they sent you copies of leases with your signature that would be proper validation. What are the alleged debt's for? Did you break the terms of your lease agreements?

Yes, the lease agreements were broken.

[iq180]

Did they give you an accounting of what you owe? Sounds like they have their stuff together which kind of limits your options. Are they reporting on your CR's?

They just sent copies of the lease agreements. Yes, they are reporting them to the CR's. This is the letter I was going to send to them, let me know what you think.

How does this prove that this debt belongs to me? I do not see my signature here. Perhaps I have been the victim of identity theft or fraud. I can certainly create similar documents on my computer, send them to your company and claim that you owe me money. Would that prove anything?

You have failed to prove this account is mine. I have documented my correspondence with you, and I will file complaints with the appropriate authorities if you do not remove this item from my credit report and cease all communications with me. Further, if I find this entry on my credit report later interferes with my ability to obtain credit with favorable terms, I will bring suit against your company and the original creditor for applicable damages, as well as for statutory penalties provided under the FDCPA and FCRA.

This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, and my state's Attorney General office.

You are also notified that should any adverse information be placed against my/our credit reports as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves.

Sincerely,

[iq180]

Sorry. I thought they sent you copies of your signed lease agreements not the standard TAA lease contract.

No they did send me signed lease agreements and one company sent that with the accounting figures how they came about the cost.

[iq180]

OK so Which is it? The copy of the letter you posted says " How does this prove that this debt belongs to me? I do not see my signature here." but you're saying they sent you copies of leases with your signature on them. It sounds like they have provided you with adequate validation of the debt. I don't really see any grounds where you could legitimately dispute the debt. If you want this taken care of now, I would suggest negotiotion with the OC. The alternative is not to pay, risk losing if they sue you, and ending up in a worse situation than you are now. Am I missing a peice of the puzzle?

I could only use this letter with one company. The other company sent me leases with my signature. But they didn't send me anything else about them being register and/or having a license in the state of California (they are located in Texas). Also would not the OC ask for the full balance where as the CA would probably take less and I could PFD? Do you think that the OC would take less and give me PFD, too. Also at one of the places I stayed they had a gym and it was not in working order and they went out and bought me a 3 month gym membership (I didn't ask for it...they felt bad) and they are adding that in which I didn't even ask for.

[jetscarbie]

What exactly are they charging you for....damages to the place, breaking the lease, unpaid rent...what? Is this just dealing with one broken lease or several of them?

What's the dollar amount they say you owe?

[iq180]

What exactly are they charging you for....damages to the place, breaking the lease, unpaid rent...what? Is this just dealing with one broken lease or several of them?

What's the dollar amount they say you owe?

Breaking the lease, unpaid rent, and some misc. charges . The amounts are

1.) $2012

2.) $3665

3.) $2171

[iq180]

Are they all with the same property management company or different? If they are all the same PM then they will likely file. $7800 is too much for them not too IMHO. Those amounts aren't going to just go away. YOu might be able to dispute the misc. charges but all in all sounds like they've got you painted into a corner. Suggest (attempt) negotiating with OC for a settlement. Request they delete TL's from CRA's if not try for updated with "pays as agreed"

They are with 3 different PMs. So you think its better to contact OCs and make a deal to settle, than to PFD with CAs? Wouldn't OC's want more money than CAs? Who do you think I would have a better chance with paying less money and getting deletions with? Thanks for your help!

[jetscarbie]

Did they withhold your security deposit? Did they send you a itemized bills within 30 days after you left, telling you why they were withholding it? What type of damages did they charge you for (there are certain things that they can not charge you for...like carpet cleaning due to normal wear and tear, painting if they normally would have painted between tenants anyway.

But as always, you should definitely check the Texas tenant laws.

[gator944]

Not sure about where you lived, but I know where I've lived, if the unit you rented was re-rented, they can only charge you for the time the unit sat vacant. As soon as someone moves into the unit you rented, their rental charges to you and your lease must stop.

I think they can prorate the carpet cleaning, painting, etc. if you broke the lease early. Example: Carpet cleaning after one year costs them $200.00. You leave the one year lease after only 6 months. The can pass the $100.00 difference to you. Same for repainting and the like.

Again, check your state's leasing/renting laws.

[iq180]

Never pay a CA. Negotiate with the OC. Here's a link to the TAA website. Good links to applicable tenant laws:

http://www.taa.org/renterinfo/

Lease 1

Balance: $808.54

Pro Rated move out: $75 (not sure how they came up with number)

Deposit Credit -125

Relet fees $637 (early move out fee)

Other $750 (this is what my rent was not sure if this)

Water Billing $25.37

Total $2,171.41 (owed)

Lease 2

Looking at one of the other lease agreements they have it dated Jan 3, 2006.

It was signed on Dec. 14th 2004... Someone is trying to pull a fast one.

Lease 3.

This is what they sent over a cover letter with their client's name and amount owed. An account statement and a copy of list of address of residences. No lease or anything like that.Nothing with a signature

[lovebug5]

Seems to me like you're spinning your wheels here, IMO. They provided you with documentation evidencing your ownership over this account and with a history of breaking leases, there's not much that you can do here...At least from the info you've posted.

[iq180]

bump

[Amerikaner83]

I agree.

[iq180]

Negotiate with the OC. Obviously that's not what you want to hear but it's either that or ignore it and have to deal with it sooner or later. You might be able to dispute with CA's and delay the inevitable but I don't think you'll be able to ignore it long enough for SOL to run. Good Luck!

When negotiating with OC should I call the leasing office or corporate office? Do I ask for PFD in my letter? Should I be negotiating via the phone or mail? I want to get this crap over with...if you have a letter or any other suggestions please forward them...thanks.

IQ

[iq180]

I agree.

When negotiating with OC should I call the leasing office or corporate office? Do I ask for PFD in my letter? Should I be negotiating via the phone or mail? I want to get this crap over with...if you have a letter or any other suggestions please forward them...thanks.

IQ