Jump to content

Requested Validation, have a small problem.


Recommended Posts

My wife and I had an apartment a little under two years ago that we left early and had to pay a move out charge as we had bought a house. We were paying the "move out" charge promptly but after a year and a half, had lost track of the balance, so we requested copies of the transactions too date so we could just pay in full. Well the apartment complex never responded and just sent it to a collection agency.

Fast forward to the 2nd of March this year when we receive a letter that states that we owe about $2500.00 which is incorrect. We tried talking to them over the phone to just pay in full, as we figured we owed about $750.00 but the apartment complex never called us back. Very rude people at the CA and all in all a waste of time until I spoke to a supervisor. He agreed that it wasn't $2500.00 but instead $857.27. The could not explain the discrepancy and wouldn't explain it either. I said that I needed to research this and would respond in writing.

So I sent a debt validation letter and a request to contact us only by US Mail to them on the 5th of March that they received the 6th as evidenced by the green card signing for it. On the 9th I received a call from the CA on both my cell phone and my home phone telling us to call as it was urgent. I answered my cell phone the same day and it was the supervisor and he demanded payment immediately. I informed him that I had sent a letter asking him to contact us only by mail. He became rude and all but said I was lying about the letter. I told him again I was out of town for work, and to only contact me by mail and he hung up.

Fast forward to today, we received their response that says enclosed are the documents that verify the amount they are assigned to collect. It says call a rep and pay the amount of $860.42. It also says "If you disagree with the charges, we will notify the credit bureaus that this claim is disputed."

I would think that they are implying that this is on our credit report already.

They enclosed three documents, that all have differing balances.

One says $756.56 in handwriting next to a crossed out balance.

The second is a computer ledger that shows we have a "Zero" balance as of 4-23-08 which is almost a year after we moved out.

The third is their letter that says we owe $860.42 which is different from their first letter which said we owed $857.27.

I guess what I am asking is I need some advice from some of the veterans here.

First Question:

We have the money to pay the $756.56 which we feel is about correct, but the differing balances are confusing and according to their provided documentation they show a zero balance on the computer ledger, a handwritten one over a much higher one, and then one they says we owe $860.42. How is this reasonable documentation and which is it?

Second Question:

They violated the do not call request as per the certified letter they received. It is only a difference of four days past when they received it, but they did receive it. Can I get them for that violation?

Third Question:

Can this already be on my credit report inside of the 30 day notice period. We intend to settle the debt, but want a legitimate balance.

This is fairly confusing, but we appreciate any help you might give.

Link to comment
Share on other sites

They could have put it on your credit report before they ever contacted you...I suggest you pull your credit reports and see what's there.

The request that they not call you is unenforceable - that is commonly called a "limited C&D" but has no legal standing. What does have legs is that they called you after your request for validation - when a third-party collector receives a request for validation; they are precluded from any continued collection activity (calling you) until they validate.

However, we are talking about one violation - I would never sue on one violation nor is it likely that you could get a judge excited about one.

Getting to the heart of the matter, you know about what you owe, have the money and are willing to pay...given that, I'd sit down, craft a follow-up letter (original to the CA and copy the apartment complex) and tell them you are willing to pay what you owe if you can simply get someone to explain exactly what you owe and how they arrived at that amount OR you can offer what you think you owe as settlement in full (don't forget that phrase) and get that agreement in writing. Also, If they have listed the negative tradeline on your CR then I'd also push for a complete deletion of the tradeline upon payment. When you finally agree on the details and have it in writing; pay it and keep the written agreement and proof you paid it FOREVER.

You have to realize that most CAs don't know how to deal with people who are willing to pay and they don't do well once "off script"...meaning; you may have to work at it a while to get someone with a brain who will understand. :)

Link to comment
Share on other sites

Wasn't aware of the limited C&D Robert, thanks for pointing it out. I am going to send them a letter on Monday asking them to please explain the changing balances and inform them that I am willing to pay in full provided the tradeline is never listed with the credit bureaus.

Link to comment
Share on other sites

Got them to agree to explain the amount (which is all I wanted in the first place) and to agree to send a letter saying it is paid in full and that they will not list it as a tradeline. I agreed to pay in full upon receipt of the letter.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.