The_Surgeon

Should I pick a fight with IQ Data International / RentCollect

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Hello Everyone,

I am new here, but I have been lurking for awhile now...There is just so much to read prior to having enough knowledge to even attempt an intelligent post.

That being said I hope I could get some advice on a particular mark against my wife's credit from IQ Data International / RentCollect.

My wife broke her lease two months before it was up because of massive maintenance problems with her apartment. We both live in California. This debt was sent to IQ Data International about two years ago and has ballooned to about $3700. It is within the statute of limitations to sue at this time.

Here is my dilemma...Everything I have read about this particular collection agency is bad. Very bad. It doesn't sound like that if I settle with them they would honor a pay for delete, or even stop collection efforts in any meaningful way.

Does anyone has specific experience with them?

I am thinking of just skipping any attempt at a pay-for-delete and using CRA disputes and then DV in hopes of racking up 3-4 FCRA/FCDCPA violations worth $1000 a pop, and then having an attorney go postal on them.

What do you think? I cannot find any indication that they actually are litigious and sue people. They just make a lot of threats from the information I gathered.

I appreciate the help. I am taking copious notes on this experience and I hope to give back to the community when I have some positive information to share.

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Hello and Welcome,

Assume that events transpired such that this "creditor," whomever they are, files suit to recover the $3700. What would your defense(s) be?

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Her defense is weak...She has a string of emails going back and forth with the management for all sorts of unresolved maintenance issues. You can break leases for these sorts of reasons legally, but it usually involves a fight in court.

The apartments are not interested in dealing directly so we are stuck dealing with IQ Data.

From everything I read about them on RipoffReport (among other sites) is that their standard M.O. is to not verify or prove the existence of the debt, or their relationship with the original creditor...This sounds like a great opportunity to rack up a few violations of the FCRA/FDCPA.

My thought process is that of course they could sue, but I can also sue them back at this point and now we have a Mexican-standoff.

My other concerns are that everything I read, states that these guys never go away even if you pay them. I'm sure I could mitigate some of this if I handle the pay-for-delete process appropriately, but still their reputation is horrid.

I guess the question still remains...Should I roll the dice and risk getting sued, or should I attempt to settle?

Another better way of asking this is forget about the details involving this particular debt. Is it generally a bad idea to dispute/DV a debt that is within the statute of limitations with a collection agency?

If I attempt to settle am I giving them ammunition to say that my wife has verified the debt as valid?

Thanks again.

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If you've paid the debt, they have no more cause to come after you...

In CA, you can break leases if the owner/mgmt fails to make repairs that affect the habitability of the rental (ex. electric, heat, water, sewer). A tenant can also make repairs and withhold that amount from the rent as well.

Has the mgmt company provided her a move out statement? If not, there's one defense...

Also, has a DV been sent to IQ Data? If not, send one out ASAP.

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1. No the management company has not provided her with a move out statement. Do they have to provide this, and since they have not, what legal ammunition does this give us?

2. I have not sent out a DV. Should I dispute the information with the CRAs first? I could dispute the amount...I'm sure the increase from the original debt to the current "balance" as reported by IQ Data is somewhere in the realm of 80% a year, which should violate usury laws.

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OK...management company should have sent a move out statement within 21 days of her vacating - I'll look up the law on that...'

Before disputing with the CRA, did IQ contact you frirst? If so, then yes, send a DV letter. If not, dispute, then see what happens.

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No move out letter, and no IQ has not contacted us, and everyone knows where we live. We have received settlement offers from other creditors, and our current address is on all three of her credit reports from TransUnion, Equifax, and Experian.

I really appreciate the help.

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No move out letter, and no IQ has not contacted us, and everyone knows where we live. We have received settlement offers from other creditors, and our current address is on all three of her credit reports from TransUnion, Equifax, and Experian.

I really appreciate the help.

Is it possible to settle with the Original Creditor? I'm assuming the debt has not been sold to a debt buyer.

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I can try again, but the last girl I talked to at the OC directed me to IQ Data. Once I DV I should know whether or not they own the debt, or if they were just contracted to collect it.

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I can try again, but the last girl I talked to at the OC directed me to IQ Data. Once I DV I should know whether or not they own the debt, or if they were just contracted to collect it.

If the OC is reporting the debt, check their entry. If they've sold it, their entry will state "sold/transferred" or "purchased by another lender"...something to that effect. It's best to deal with the OC, if possible.

If you end up sending the CA a DV letter, don't mention your credit report. Just ask for validation of the debt. The reason for that is because in order to have a right to sue under the FCRA, a furnisher's first notice of a dispute concerning their entry on a CR must come from the CRAs. In other words, the first time you dispute an inaccuracy on your credit report, it must be with the CRAs, and they have to notify the furnisher.

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Thank you for the advice BV80. I will dispute with the CRA's first and then send the DV letter to the CA. Hopefully the CA will verify the debt with the CRA, and then not respond to my DV request which should net me 2 FCRA violations just for starters.

No one has recommended I attempt to settle with these guys...From everything I have read most of these CA's are really useless when it comes to negotiating a fair settlement that results in the debt being deleted from the credit report.

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