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Creditor admitted to mistake


younglady
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My former apartments reported me to a CA three years ago for $2389 in supposed "damages" and other charges. I didn't find this out until recently because I didn't leave a forwarding address and never received the notice from my landlord. I wrote my Landlord a demand letter demanding receipts from all cleaning and a complete copy of my lease that would verify the charges as being accurate.

Well they wrote me back admitting that I was charged incorrectly for a $590 lease termination fee and a $590 "didn't leave 30 days notice fee." They also were unable to come up with any invoices or receipts for the cleaning and repairs they had charged me with. So that brought my balance down to $789 (which includes rent not paid, late fees and a $485 reletting fee). Which I was pretty happy about considering I was almost ripped off by them for $2389.

They said in the letter that they notified the collections agency of the changes. BUT now I am scared because I don't trust this collections agency (ProCollect). I have heard lots of bad things about them and every time I call them, they are complete a-holes.

So, my question is, since the Apartments admitted to making a mistake and they still reported me to the CA, is that a violation of the fair credit reporting act? I would be happy to pay the $789 directly to the landlord if they took this crap off my credit report.

PLUS the apartment was under two people's names, mine and my roomates. SO why isn't the total amount split up between the two of us? Is that also a violation of the fair credit reporting act???

thanks in advance for any advice!!

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The fair credit reporting act (FCRA) deals with credit bureaus and data furnishers responsibilities for information in your credit reports.

Have you disputed the account with the credit bureaus? Have you disputed with the CA?

At a minimum after your dispute with the CA (even if it was oral), the CA must have marked the account in dispute. That is required under the fair debt collection practices act (FDCPA). You can get up to $1,000 in FDCPA statutory damages for this alone.

To get full advantage of FCRA, you need to dispute with the credit bureaus. If the CA fails to correct the balance and/or fails to mark the account in dispute, you can sue for statutory damages of up to $1,000 for each separate "injury" resulting each time your credit report was released to a third party when you applied for credit and/or account reviews if there was an adverse credit action taken in connection with the wrong info.

A creditor may go after either or both people who breached a contract. They are not supposed to collect twice for the same breach. Do you know if your ex-roommate has made any payments?

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My ex-roomate has not made any payments and I don't even know if its on her credit report or not. She was also unaware of any charges until they showed up on my credit report and i told her about it. So maybe they are just going after me. Can I make them split it up and put it on both our accounts? because I don't know if she can pay?

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My ex-roomate has not made any payments and I don't even know if its on her credit report or not. She was also unaware of any charges until they showed up on my credit report and i told her about it. So maybe they are just going after me. Can I make them split it up and put it on both our accounts? because I don't know if she can pay?[/QUOTE]

If you check your lease agreement (provided you still have a copy) you probably will see something about the landlord being able to go after the parties "jointly and severally". This is typical for lease agreements so that the landlord can place a cause of action against one of the parties or all of the parties. If the landlord recovers against you for the entire debt, then you can mitigate your expense by going after your roomate. I know it is not ideal - it is not meant to be a fair situation, just a managable one.

Your best bet here is to get the landlord to recall this debt from the CA entirely and work it out with the landlord directly.

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