I stayed in an apt complex in MI with 2 roommates. The lease was several.
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rnWir have in common and sold in May '08 (~ 5 month short of lease date) because one of the roommates brought a pitbull.
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rnWir are not owe rent for the period after the expulsion, but we owe an early termination fee and the reimbursement of the full rent of about $ 6,000.
specials rn
rnSie said they sent a letter about the debt to a forwarding address in the same month we were driven (May '08). You do not have a letter to all of us, as they claim, they are not obliged to. I did not leave a forwarding address and can not remember if I say office.
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rnUnn?tig submitted by mail, I never got the letter from the leasing office. Jan '09 I get a letter (and a call) by a certification authority demanding payment or they will reporting.
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rnDie CA does not own the debt, they are only representative of the apartment.
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rnIch had a lawyer write the contract and we owe the money . I do not have much money at the moment. Is there a way to get them from reporting at all? I am in full as long as they report not to pay, but a solution for a lower amount would ideal.
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rnDank
Reply:Letter works. Send it, wait a few days then fire off a dispute to the CRAs. Good ole 1-2 punch method. If they verify with the CRAs, they're breaking the law under the purview of the FDCPA's definition of "Communication" in Sec 803. And you just won yourself 1000 dollars, go ahead and pass go.
Reply:Okay, I updated the letter again. Please, let me know if this version is better or not.
Here goes:
Dear National Credit Solution,
Yesterday, I obtained a copy of my credit report and discovered an account, with the partial account numbers 866155XXXX, in the amount of $239 that I allegedly opened with your company on 12/01/2008. I am assuming that you are the original creditor of the alleged debt since your company name is the only name listed with the alleged account on my credit reports. And since 12/01/08 is a relatively recent date, I am certain that I would remember doing any kind of business with your company. However, I have absolutely no knowledge of this alleged debt. Therefore I am respectfully calling for its immediate removal from my credit reports unless your office can provide me with competent evidence that the debt mentioned above is valid and mine. I can not simply take your word for it and pay up nor will I be coerced into paying any debt that I do not owe just because you are reporting it to the credit bureaus. In addition, I have not once received any letter, phone call, or correspondence, whatsoever from your company regarding this alleged account. Your company suddenly just appears on my credit report! I have reason to believe this is an attempt by your office to extort money from me. I am therefore writing a request of full validation of this alleged debt. According to the Fair Debt Collection Practices Act, 15 USX 1692g Section 809 (b), I have the right to request competent validation of said debt. Just because you say I owe you money, does not make it true or legally binding for me to pay you.
I am not merely requesting for verification, I am asking for competent evidence that the debt is mine. If National Credit Solution can not provide full and competent validation of the alleged debt, your office MUST DELETE the alleged account from my credit reports. If you can NOT validate your claim, you can NOT, by law, collect on it. Please resolve your error immediately!
P.S. All correspondence by you to me in regards to this matter must be done in writing and sent through postal mail only!
Sincerely,
Reply:I obtained a copy of my credit report yesterday, and to my dismay I noticed a mysterious account from National Credit Solutions for an amount of $239 that I allegedly opened in 12/08. I know that can't be true….because I have not opened any credit account with anyone since HSBC last April. And now this company is saying I owe them. I immediately wrote a DV letter addressed to them that I am planning on sending first thing monday morning certified mail. Anyone has had any experience dealing with that CA. I am posting the letter for any suggestions, insights. P.S. All i see is their name, date account opened (12/01/08) and $239 amount owed. I have no idea what this is for and it does not say on my account what it is for. Anyway, below is a copy of the DV letter i am planning on sending to them. This is my very first DV letter, so i really need some insight into making it an effective one.
Here goes:
Dear National Credit Solution,
Yesterday, I obtained a copy of my credit report and was surprisingly discovered an account, with the partial account numbers 866155XXXX, in the amount of $239 that I allegedly opened with your company on 12/01/2008. I am assuming that you are the original creditor of the alleged debt since your company name is the only name listed with the alleged account on my credit reports. And since 12/01/08 is a relatively recent date, I am certain I would remember doing any kind of business with your company. However, I have absolutely no knowledge of this alleged debt. Therefore I am respectfully calling for its immediate removal from my credit reports unless your office can provide me with competent evidence that the debt mentioned above is valid and mine. I know my rights as a consumer and I will not be coerced into paying any debt that I do not owe. In addition, I have not once received any letter, phone call, or correspondence, whatsoever from your company regarding this alleged account. Your company suddenly just appears on my credit report! I have reason to believe this is an attempt by your office to extort money from me. I am therefore writing for a request of full validation of this alleged debt. According to the Fair Debt Collection Practices Act, 15 USX 1692g Section 809 (b), I have the right to request competent validation of said debt. Furthermore, I am assuming that you know that it is illegal to report false negative information against a consumer to the credit bureaus. All the following must be provided to adequately validate the alleged debt mentioned above or it must be immediately removed from my credit reports:
1. Signed credit application between myself and the original creditor
2. Copies of all signed vouchers from the date account was opened until default
3. Copies of all statements from the date account was opened until default
4. Proof that the amount you say I owe is accurate
5. Proof that the statute of limitations has not expired on alleged debt
6. Proof of agreement that you were hired by the original creditor (creditor as defined by the FDCPA) to collect this debt (I am assuming you are the original creditor since National Credit Solutions is the only name listed on my report ) or
7. A copy of the contract that National Credit Solutions purchased the alleged debt from the original creditor
8. If the alleged debt was purchased, provide a copy of an agreement between original creditor and myself, signed by me, stating that I have a contractual responsibility to pay the alleged debt
9. Provide proof that National Credit Solution is bonded/Licensed for debt collecting in the state of Florida
Failure to provide ALL of the documents requested to validate the alleged debt will invalidate any and all claims that your office is asserting regarding this alleged account. If National Credit Solution can not provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from my credit reports. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Please resolve your error immediately!
P.S. All correspondence by you to me in regards to this matter must be done in writing and sent through the mail only!
Sincerely,
Reply:The statement
CA: Yeah it's actually Federal Law to report within 30 days
is worth $1000 to you.
Reply:MI is a one party state, and I just happened to record the call for the heck of it so I could accurately tell a lawyer what we discussed!
Here is the exact conversation:
Me:I think $500 a month [from me and my other roommate] from each of us is enough to keep this off of our credit reports. It will all be paid off within 6 months and we will be…
CA: …But I can't do the 6 months [installment plan] for your credit
Me: But I don't understand why though
CA: We're really not supposed to be doing that period
Me: I mean, it's not a law or anything saying that you Have to report
CA: Yeah it's actually Federal Law to report within 30 days
Me: What law is that?
CA: If you go online you can probably google it. Look up the Federal Collection Law and you'll probably be able to find it on there.
…
Do I have something or did she choose her words wisely enough?
Reply:Something that struck me as odd is the CA told me they are required by federal law to report to credit bureaus. They claim there is no way to arrange installments without still putting it on my credit report. They referred me to Federal Collection Law "it's in there somewhere"
No it's not, and that's NOT what FCRA says.
Neither FCRA nor FDCPA requires any credit reporting to any CRA. What they DO require is that IF something is reported, it must be accurate.
Another BS story they will give you is the claim that law prohibits them from deleting a TL, accurate or otherwise. That is also Bill Collector BS.
Here's what I would do:
1. Check my State Laws regardting the taping of telephone calls.
2. If you are in a 1-party State I would buy a tape recorder and hook it up to my telephone.
3. If you are in a 2-party state I would call the CA back and listen to their Outgoing Message when you call it. If it says "this call may be recorded" they just gave consent for you to record.
4. Call the CA again and get the OGM on tape. Ask the collector to clarify – "did you say it was illegal for you to delete my trade line?" "Did youtell me it was illegal to arrange a series of payments without reporting it to a CRA?"
Get them to make a false statement (both of those are false). Get that false statement on tape.
Then call back again and talk to the Office manager – tell him "You have a choice – I can play this recording for you only if you will agree in writing to a PFD. If you don't I will be playing it for the Judge."
Reply:The 7 years reporting period (the SOL is something different) begins from the date of first deliquency. So, the clock has already started running in May 08.
Reply:Yes, I've read that I could dispute it off because the CA won't want to bother with the paperwork after they've gotten their money. But there's no guarantee on that.
Are there any other options that I haven't exhausted?
By the way, when does the 7 year SOL start? 6 months from when the CA starts reporting or do I have to actually get sued for the money first?
Reply:They claim there is no way they arrange installments without still putting it on my credit report.
No, that's not in the law. But there is always the possibility that if they report it, you can dispute it off your credit report later, after you've made all of the payments.
Reply:Ok, I've tried asking them and of course they're not budging. I made the rookie mistake before I read this forum and told them I need to make a major purchase soon and can't have this on my credit.
Something that struck me as odd is the CA told me they are required by federal law to report to credit bureaus. They claim there is no way to arrange installments without still putting it on my credit report. They referred me to Federal Collection Law "it's in there somewhere"
A friend told me to tell them if they touch my credit report they won't get a dime (but actually be prepared to take the 7 year hit if they call my bluff)
Reply:I don't have that much cash right now. Is there any way to get out of them reporting at all? I'll pay in full as long as they don't report, but a settlement for a lesser amount would be ideal.
You have to ask. It's that simple. Ask for a settlement that includes not reporting and/or deleting it from your credit report. It's up to them to accept. You may need to go a couple of rounds until you both agree on terms.
January 1st, 2012 
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