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NaplesNole

Homeowners association put me in collection!!

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I was an elected officer for my Homeowners Association the property management company KW Properties managed

our association for one quarter in 2007. They were fired due to incompetence and we hired another. Now i am finding out

that I have been turned over to a collections agency for a past due amount of $160.00 which

I have no idea why.

The dues were paid in full and I have my cancelled checks and statement. In saying that

it is my understanding that if there is any unpaid balances for the association or individual home

owner that would be turned over to the next management company to handle.

I have called and put in writing to the property management company asking for an explanation but have

not gotten anywhere. I am being harrassed by the collection agency all hours and days and in addition I

now have been notified that my credit line for Master card (Citi)has been reduced significantly due to being turned

over to a collection agency. How do I rectify this with CITI to prove the property management is at fault? Also do I have any legal grounds? As I now have to spend many hours making letters to the Big three explaining the situation and hoping or a removal of the collection agency.

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I was an elected officer for my Homeowners Association the property management company KW Properties managed

our association for one quarter in 2007. They were fired due to incompetence and we hired another. Now i am finding out

that I have been turned over to a collections agency for a past due amount of $160.00 which

I have no idea why.

The dues were paid in full and I have my cancelled checks and statement. In saying that

it is my understanding that if there is any unpaid balances for the association or individual home

owner that would be turned over to the next management company to handle.

I have called and put in writing to the property management company asking for an explanation but have

not gotten anywhere. I am being harrassed by the collection agency all hours and days and in addition I

now have been notified that my credit line for Master card (Citi)has been reduced significantly due to being turned

over to a collection agency. How do I rectify this with CITI to prove the property management is at fault? Also do I have any legal grounds? As I now have to spend many hours making letters to the Big three explaining the situation and hoping or a removal of the collection agency.

Who placed you, the HOA or PM?

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I am sure others will know more than me, but as I have been in collections with my HOA before, I can relate to what you are going through. Our management co. has been changed numerous times, too.

 

Can you get a statement from either company? I would just ask for a simple statement of account, that way you can see what they are seeing. Have you advised the new co. about this? Ask them to help you, have them contact them to turn over the problem file. Then you can see what happened.

 

What could be is that they misapplied your payments, to someone else's account. Then they truly think you are past due. I don't understand about the calls -- what do they tell you? To call back, or that they will research and never do? Did you send the letters with CMRR or Priority Mail?

 

You need to get this fixed pronto. I do not want to scare you, but an association can put a lien on the property (at least in my state they can) for unpaid association dues. It is just like the water bill. The electric and gas can't but the water can since they are a village utility. The laws for HOA really stink, as my BK lawyer said, "the HOA law was signed by senate without even reading it. It is the worst anti-consumer law we have in the USA today".

 

I'm going to subscribe to this. Please keep me posted and I'm sure others will chime in. Also look up the HOA laws in your state.

 

DF

 

EDIT: Also, ask the collection agency to help you. Ask them for a statement showing which month's you haven't paid. Then show them the receipts you have for payment. Once you can see where it shows "paid up to this point" you can start from there.

Edited by deerfern

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How do I rectify this with CITI to prove the property management is at fault?

Even when you get this corrected, it's doubtful that Citi will reverse the CLD. Asking is worth a try anyway. you'd have to talk to a UW.

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Thank you for the responses. I am going to give an update on this next week. The old property management is who started this. I have had my CITI card for a long time. Im not sure why I should stand by and have my card reduced thousands of dollars in credit line because of someone elses mistake? Ive done absolutely nothing wrong and now I lose a huge credit line?? Talk to you guys soon!

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Just to follow up for you guys... Property management had been fired due to incompentence. So they decided to report each officer in the HOA into a collection agency claiming each owed past dues when in fact all had paid. Attorney for that company also coincidently owns the collection agency. So as many as five people are in the same situation as me. Current property management is assisting in a lawsuit on our behalf. Basically old PM wanted to get even and placed innocent people to a collection agency. Then in turn the big three is now notifying all creditors of us being delinquint even though none are. I am now going after the big three for contacting all my creditors with this erroneus information without ever checking what the situation was. They had no right to place any of this erroneus informatiom and malicous placing of my name to any of this.Not going for the endless letters for removal. I am seeking one and better clear it now or face legal action very quickly. My credit lines are being ruined as we speak. Thanks to all that read this!

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Just to follow up for you guys... Property management had been fired due to incompentence. So they decided to report each officer in the HOA into a collection agency claiming each owed past dues when in fact all had paid. Attorney for that company also coincidently owns the collection agency. So as many as five people are in the same situation as me. Current property management is assisting in a lawsuit on our behalf. Basically old PM wanted to get even and placed innocent people to a collection agency. Then in turn the big three is now notifying all creditors of us being delinquint even though none are. I am now going after the big three for contacting all my creditors with this erroneus information without ever checking what the situation was. They had no right to place any of this erroneus informatiom and malicous placing of my name to any of this.Not going for the endless letters for removal. I am seeking one and better clear it now or face legal action very quickly. My credit lines are being ruined as we speak. Thanks to all that read this!

Sue them until the PM and the CA are out of business. Best of luck.

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Just to follow up for you guys... Property management had been fired due to incompentence. So they decided to report each officer in the HOA into a collection agency claiming each owed past dues when in fact all had paid. Attorney for that company also coincidently owns the collection agency. So as many as five people are in the same situation as me. Current property management is assisting in a lawsuit on our behalf. Basically old PM wanted to get even and placed innocent people to a collection agency. Then in turn the big three is now notifying all creditors of us being delinquint even though none are. I am now going after the big three for contacting all my creditors with this erroneus information without ever checking what the situation was. They had no right to place any of this erroneus informatiom and malicous placing of my name to any of this.Not going for the endless letters for removal. I am seeking one and better clear it now or face legal action very quickly. My credit lines are being ruined as we speak. Thanks to all that read this!

 

You do know who the 'big three' work don't you? They just accept the info from the data furnisher and only verify it if you request - they do not send it out to your creditors - the creditors do periodic acct reviews and see it.

 

What you need to do is send a DV to the collector (shoulda happens ASAP when notified of the collection), a dispute to the CRA (send it out no later than the day the CA signs for the DV) and follow the law- if they verify without validating and don't delete the TL, you could make a pretty penny or two from the PM/CA between the credit violations and the illegal collection activity.

 

If the CA has been sued before they would most likely delete the TL immediately a the 1-2 punch unless they have docs to backup their claim- then you produce yours and go from there.

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Just to follow up for you guys... Property management had been fired due to incompentence. So they decided to report each officer in the HOA into a collection agency claiming each owed past dues when in fact all had paid. Attorney for that company also coincidently owns the collection agency. So as many as five people are in the same situation as me. Current property management is assisting in a lawsuit on our behalf. Basically old PM wanted to get even and placed innocent people to a collection agency. Then in turn the big three is now notifying all creditors of us being delinquint even though none are. I am now going after the big three for contacting all my creditors with this erroneus information without ever checking what the situation was. They had no right to place any of this erroneus informatiom and malicous placing of my name to any of this.Not going for the endless letters for removal. I am seeking one and better clear it now or face legal action very quickly. My credit lines are being ruined as we speak. Thanks to all that read this!

 

You do know who the 'big three' work don't you? They just accept the info from the data furnisher and only verify it if you request - they do not send it out to your creditors - the creditors do periodic acct reviews and see it.

 

What you need to do is send a DV to the collector (shoulda happens ASAP when notified of the collection), a dispute to the CRA (send it out no later than the day the CA signs for the DV) and follow the law- if they verify without validating and don't delete the TL, you could make a pretty penny or two from the PM/CA between the credit violations and the illegal collection activity.

 

If the CA has been sued before they would most likely delete the TL immediately a the 1-2 punch unless they have docs to backup their claim- then you produce yours and go from there.

 

See now while I just love our judicial system in the USA, it sure does remind me of "guilty until proven innocent". There oughta be a law, I say!! Why do the CRA's have the right to "just accept the info from the data furnisher" -- gee, seems an easy way to make a living to me. Matter of fact I think there should be a class action lawsuit against this type of practice -- where's that old constitution when you need it??

Edited by deerfern

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Just to follow up for you guys... Property management had been fired due to incompentence. So they decided to report each officer in the HOA into a collection agency claiming each owed past dues when in fact all had paid. Attorney for that company also coincidently owns the collection agency. So as many as five people are in the same situation as me. Current property management is assisting in a lawsuit on our behalf. Basically old PM wanted to get even and placed innocent people to a collection agency. Then in turn the big three is now notifying all creditors of us being delinquint even though none are. I am now going after the big three for contacting all my creditors with this erroneus information without ever checking what the situation was. They had no right to place any of this erroneus informatiom and malicous placing of my name to any of this.Not going for the endless letters for removal. I am seeking one and better clear it now or face legal action very quickly. My credit lines are being ruined as we speak. Thanks to all that read this!
You do know who the 'big three' work don't you? They just accept the info from the data furnisher and only verify it if you request - they do not send it out to your creditors - the creditors do periodic acct reviews and see it.

 

What you need to do is send a DV to the collector (shoulda happens ASAP when notified of the collection), a dispute to the CRA (send it out no later than the day the CA signs for the DV) and follow the law- if they verify without validating and don't delete the TL, you could make a pretty penny or two from the PM/CA between the credit violations and the illegal collection activity.

 

If the CA has been sued before they would most likely delete the TL immediately a the 1-2 punch unless they have docs to backup their claim- then you produce yours and go from there.

See now while I just love our judicial system in the USA, it sure does remind me of "guilty until proven innocent". There oughta be a law, I say!! Why do the CRA's have the right to "just accept the info from the data furnisher" -- gee, seems an easy way to make a living to me. Matter of fact I think there should be a class action lawsuit against this type of practice -- where's that old constitution when you need it??

 

"Innocent until proven guilty" only applies in court... and even then not really.

 

Anyway, defending the CRAs is not a favorite pasttime of mine, but in this particular situation they really haven't done anything wrong. Well, nothting wrong that's any different from their normal day-to-day operations, that is.

 

If the facts are as stated, it sounds like an absurdly easy lawsuit, IMHO.

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I understand what you guys are saying, but what about my $9300 credit line with CITI?? They said under no uncertain terms "its gone"! They reduced it to $750 with my account in good standing as always. So I get a credit line deleted in the end, but I lose an oustanding account? Citi says take it up with the CB's. The big three supplied this erroneus info to CITI. My attorney says they are responsible. That account was my emergency fund and now I have no way of getting it back. Citi was in fact rather rude and adament that its not thier problem I lost the account after explaining what happened. For what it is worth there is a class action lawsuit in place against PM. Also Lastly money paid to PM had nothing to do with anyones personal credit. They picked my name basically out of a hat to try to get even.....unreal.

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check out naca.net for an attorney

 

 

sue them back into the stone age...

 

you can prove your claims....you've written to the CA I presume...they've ignored you...

 

go after them...

 

 

as for your CLD...once it's cleared up...a call to Citi should fix that..if not...then tack on damages to your suit

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check out naca.net for an attorney

 

 

sue them back into the stone age...

 

you can prove your claims....you've written to the CA I presume...they've ignored you...

 

go after them...

 

 

as for your CLD...once it's cleared up...a call to Citi should fix that..if not...then tack on damages to your suit

Tack on damages first. Get the damages awarded in court. Then go back to Citi to get reinstated. Why get compensated once when you can get compensated twice?

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I understand what you guys are saying, but what about my $9300 credit line with CITI?? They said under no uncertain terms "its gone"! They reduced it to $750 with my account in good standing as always. So I get a credit line deleted in the end, but I lose an oustanding account? Citi says take it up with the CB's. The big three supplied this erroneus info to CITI. My attorney says they are responsible. That account was my emergency fund and now I have no way of getting it back. Citi was in fact rather rude and adament that its not thier problem I lost the account after explaining what happened. For what it is worth there is a class action lawsuit in place against PM. Also Lastly money paid to PM had nothing to do with anyones personal credit. They picked my name basically out of a hat to try to get even.....unreal.

 

I suspect you would win a lawsuit, and all, but you are making one mistake in your thinking, IMHO. You said the LOC was your emergency fund and are treating it like it was your money in a savings account. It's not.

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