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TeflonCat

Rental Apartment Issue

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Hello All,

 

My sister who rented an apartment in Maryland. Moved in the apartment in Oct 2015, she moved out Oct 2016 with no unpaid rent. However, last month she got a call from a CO located here in MD- Fair Collections & Outsourcing,Inc- I gave her the info to DV them which she did as soon as she got the letter in the mail. They are trying to say she owe $842 for utility services from the apartment for 1 year. She got a letter from her utility provider which she has, she also have the bill from the first month she moved into the complex. The CO, sends her a package showing what they charged her for services at the apartment. My concern is that the CO ignored any of the things listed on the DV and just sent a copy of the lease which does not prove anything with regards to the utility bill. This is what she stated in the DV Letter.

 

FAIR COLLECTIONS & OUTSOURCING

12304 Baltimore Avenue

Beltsville, MD 20705

Re: Account Number:

To The Compliance Department:

This letter is being sent to you in response to a collection account your firm sent to me. Kindly be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809b that your claim is disputed and validation is requested. You letter you sent me does not provide me any of the requested information below. Please provide of I will be filing complaints with the CFPB, BBB, FTC, and my local state attorneys office.
This is a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:
Agreement with your client that grants you the authority to collect on this alleged debt, in my state of MARYLAND and proof of acquisition by purchase or assignment.

1. What the money you say I owe is for.

2. Explain and show me a break down of how you calculated this amount you say I owe.

3. Provide me with any paperwork or copies of papers that show I agreed to pay this amount you say I owe with my signature.

4. Identify the original creditor's name, address and phone number.

5. Prove the Statute of Limitations has not expired on this alleged account.

6. Prove that you are licensed to collect in my state.

7. Provide me with your license number and any registered agents.

8. Provide me with a copy of the agreement between you and the original creditor that allows you to collect this debt for the original creditor.

 

9. Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus (Equifax, Experian or Transunion), this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company I reserve the right to bring legal action against you for the following: Violation of the Fair Credit Reporting Act, Violation of the Fair Debt Collection Practices Act, and Defamation of Character.

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that your offices make no telephone contact to my home or to my place of employment. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

How should she proceed forward?

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So this was a charged off lease? Not following

 

No this was for a utility bill they are trying to say she owes it was not charged off because she DV as soon as she got the call and asked them to send her the information in the mail. They sent her a copy of her lease, and a list of the charges nothing else.

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You might want to try and get this moved to the credit forum.

I thought this would fall under this forum.

 

 

This forum is only for mortgages.

 

Your issue is with a utility collection related to a rental.

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The CA doesn't have to provide any of the requested information in response to a DV letter except for a portion of item 4.

Edited by cv91915

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The CA doesn't have to provide any of the requested information in response to a DV letter except for a portion of item 4.

When sending as DV letter to a collection agency, what must they verify? I need to send a debt verification letter to AFNI.

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Why would a utility company have a copy of the lease to send? Something is missing here.

Think you misread, the CO sent her a copy of the lease and what looks like a breakdown of how they came up with $842.00 I would think for electricity and heat in any apartment would amount to more than $842.00.

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