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Not to drift too far, but I just noticed this article today, which touches on SOL, tolling, representing yourself, and suing CA's who violate: http://detnews.com/article/20110309/BIZ/103090332
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Mar 9, 2011 20:36
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I'd love to get some input from you guys. First off, this has to do with an apartment complex, and I don't know if they technically count as a "creditor." Anywhere, here's what happened: We had to move because of a new job. The lease at our old apartment ran from last July until this coming July. We met with a leasing agent in October and asked what our options were. They said that we could file an intent to vacate, and we would be responsible for 4 months of rent from that point. We specifically asked them if we would be responsible for any fees in addition to the 4 months of rent, and they said no. We filled out the form, and continued paying rent up until February, as agreed. Recently I received an email saying we owe them $2,000 for "early termination fees." I sent them an email back requesting a copy of the intent to vacate form and explaining that none of the forms we filled out or conversations we had ever indicated extra fees. What do I do now? If they insist we owe them money, I plan on asking them to validate the debt and explain precisely where these charges are coming from. But since they aren't really a "creditor" can I still insist on a debt validation? Surely there must be some way I can make them provide documentation showing where we became responsible for these charges. Do I need to talk to a lawyer who specializes in housing law?
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Mar 10, 2011 02:08
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lazer_chicken posted:I'd love to get some input from you guys. There's lots of nebulous "someone said this, but it didn't happen", but not much "my lease said this, and they didn't honor it". They may not have a legal obligation to comply, but it wouldn't hurt for you to ask for copies of the things you signed. Offer to pay a few dollars for photocopy / fax costs, if they're being dicks about it. Without that, it's just your word against theirs, based on the information you've provided.
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Mar 10, 2011 02:29
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I have a question for anyone who cares the answer: I had debt from a cable company at a house I used to rent during college. Ayear after moving out (2009) I got some phone calls from them and sent them a check for the balance. Flash forward to today, I get a call from my Dad saying a debt agency is after me I call them up and it seems to be the same debt from before (same company, same balance). I remember paying them, but I have 2 problems: 1) All my old records are at banks that I don't have a current account with anymore. 2) I go to school out of the country and only have a few months a year in the US. I have a month off starting in July this year. So it's a real hassle to try and call up these banks and get records from out of the country when it's $1 a minute and I have to remember all these old account numbers. Anything I can do immediately to reconcile this?
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Mar 10, 2011 02:32
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Tuff Ghost posted:I have a question for anyone who cares the answer: See what they come back with.
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Mar 10, 2011 02:40
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lazer_chicken posted:I'd love to get some input from you guys. First off, this has to do with an apartment complex, and I don't know if they technically count as a "creditor." Anywhere, here's what happened: You can't verbally alter a written contract. A valid written contract (a lease is an example of a written contract) can't be changed because of something someone said. http://en.wikipedia.org/wiki/Parol_evidence_rule
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Mar 10, 2011 05:18
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lazer_chicken posted:I'd love to get some input from you guys. First off, this has to do with an apartment complex, and I don't know if they technically count as a "creditor." Anywhere, here's what happened: I know it's not much but apartment complexes are notoriously shady. Press them a bit and I would be willing to bet that they fold.
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Mar 10, 2011 05:41
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Thanks for the input. I don't remember exactly what the intent to leave form said, but I believe it specified in writing that we were responsible for just the 4 months of rent. I guess my #1 priority is to get a copy of the lease and the intent to leave.
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Mar 10, 2011 13:32
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Rusty Shackelford posted:You can't verbally alter a written contract. A valid written contract (a lease is an example of a written contract) can't be changed because of something someone said. http://en.wikipedia.org/wiki/Parol_evidence_rule That's not the parol evidence rule. The parol evidence rule is that a verbal agreement prior to the execution of the contract can't serve to modify terms in the contract. You can always enter into new contracts that supersede the previous one.
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Mar 10, 2011 14:33
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Baruch Obamawitz posted:That's not the parol evidence rule. You can, but the written one will always take precedence.
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Mar 10, 2011 19:39
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1. I sent off two PFD's yesterday. Fingers crossed! Thank you all for educating me! 2. I'm trying to improve my credit score so I can buy a house. I have a $5,000 car loan I took out 4 months ago simply to help improve my credit. I can pay it off anytime. How long should I let that stay on my credit? Should I pay it off before I go for the house?
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Mar 10, 2011 20:41
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UrbanFarmer posted:2. I'm trying to improve my credit score so I can buy a house. I have a $5,000 car loan I took out 4 months ago simply to help improve my credit. I can pay it off anytime. How long should I let that stay on my credit? Should I pay it off before I go for the house? If at six months it's going to cost you more than $200 in interest to do another six months, you're potentially better off taking the money and getting a secured card (assuming you have trouble getting unsecured cards) for another positive tradeline.
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Mar 10, 2011 21:08
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Rusty Shackelford posted:You can, but the written one will always take precedence. So I believe Baruch actually has a JD from a law school. Is your argument based purely around what the Wikipedia article says? Before you answer, you should be aware that I, having no legal background whatsoever, am currently the last editor of that Wikipedia article.
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Mar 11, 2011 03:19
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I've got an old medical bill from a year or so ago that I just got a debt collection letter for last month. I sent in a DV letter thanks to this thread, and a week and a half later they responded with quote:"Our offices are in receipt of your letter of dispute and request for verification, and have contacted our client, who has confirmed the name and address listed on the account as well as the amount owed." To me this seems like they haven't fulfilled validation of the debt, but all I know is what I've gleaned from this thread. What should I do next?
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Mar 11, 2011 03:27
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Jadaris posted:I've got an old medical bill from a year or so ago that I just got a debt collection letter for last month. I sent in a DV letter thanks to this thread, and a week and a half later they responded with
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Mar 11, 2011 18:59
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Jadaris posted:I've got an old medical bill from a year or so ago that I just got a debt collection letter for last month. I sent in a DV letter thanks to this thread, and a week and a half later they responded with I have confirmed with my client that Jadaris owes me a thousand dollars. Pay up, Jadaris. Ask them again, make them prove why you owe them money.
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Mar 11, 2011 19:53
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Update: my apartment complex dropped the fees. I called them and asked what the fee was from. They claimed we hadn't followed the deal we agreed to, namely that we hadn't turned the keys in on the correct date and several other small complaints. I told them that we followed the directions on the intent to leave form, as well as verbal directions given to us by the on-site leasing agents. I asked them to send us a copy of the intent to leave form. They said they had to "contact the regional manager" and get back to me. I called back later and they informed me there were no additional fees and we'd be receiving our security deposit within a few weeks. I hate apartment complexes.
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Mar 12, 2011 05:55
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Rusty Shackelford posted:You can, but the written one will always take precedence. No. Wikipedia is great for a million reasons but it's not a substitute for a knowledgeable lawyer.
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Mar 12, 2011 06:50
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Feces Starship posted:No. I think that the angle most people are coming from regarding verbal contracts is its provability in court. It would be hard to have a verbal agreement presented in court because it could turn into he said/she said if either party had a disagreement over the terms (unless it was recorded or something, obviously). With the paper document, it's spelled out right there in black and white, so if a verbal agreement was contested, they'd probably defer to the written agreement simply because it's harder to contest. Legally, verbal contracts are perfectly legitimate, but they're a helluva lot harder to defend.
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Mar 12, 2011 15:23
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Bwahahaha parol evidence rule. Get the gently caress out.
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Mar 12, 2011 16:59
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Rusty please tell me that the best evidence rule requires the written contract to supersede the oral because it is the better evidence.
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Mar 12, 2011 17:01
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Today I received a, "We have sent your account to our attorney" letter from a CA for hospital bills. Should I: 1. Send a debt validation letter 2. Send a PFD with a request for validation if they don't agree 3. Other I'm in Texas but they think I live in California.
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Mar 13, 2011 02:22
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UrbanFarmer posted:Today I received a, "We have sent your account to our attorney" letter from a CA for hospital bills. Should I: I've gotten such letters before. I confess to being a noob in the credit repair game, but being in Texas, land of no wage garnishment, is a plus in any way you spin it. How large is the bill?
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Mar 13, 2011 06:24
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seacat posted:How did you get the letter - forwarded? seacat posted:I've gotten such letters before. I confess to being a noob in the credit repair game, but being in Texas, land of no wage garnishment, is a plus in any way you spin it. How large is the bill?
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Mar 13, 2011 15:16
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UrbanFarmer posted:Today I received a, "We have sent your account to our attorney" letter from a CA for hospital bills. Should I: #2 should never happen.
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Mar 14, 2011 08:17
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TWiNKiE posted:#2 should never happen. Thanks!
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Mar 14, 2011 12:37
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UrbanFarmer posted:Why should #2 never happen? I thought that's what has been recommended a lot in this thread? So, you never go in saying "I'll give you $20 to make this $200 debt go away. If you don't agree, then you'll have to prove I really owe you anything in the first place." It's a bad strategic move all around. Assume they can validate, and don't want to settle. How's that letter going to look to a judge if you get hauled in to court? Right. It's going to look worse than "Please stop picking on me. I don't know who you are or what you want."
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Mar 14, 2011 19:02
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UrbanFarmer posted:Why should #2 never happen? I thought that's what has been recommended a lot in this thread? Sending a PFD has been recommended a lot, but that's for after they prove you owe them money. You'd never want to do both at the same time.
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Mar 14, 2011 19:24
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I sent a debt validation letter over a month ago that was delivered on February 2. I sent it certified with a return receipt so I know for sure they got it. I haven't heard anything back from them, so what's the next step? How do I get this off of my credit report?
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Mar 15, 2011 00:44
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Tigren posted:I sent a debt validation letter over a month ago that was delivered on February 2. I sent it certified with a return receipt so I know for sure they got it. I haven't heard anything back from them, so what's the next step? How do I get this off of my credit report? Usually you dispute with CRAs and if they confirm, it's a violation.
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Mar 15, 2011 04:34
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Here's a twist with everybody's favorite company - Paypal. Several years ago (8), two state attorney generals got involved when Paypal locked me out of my account with $600 in it. Took 4 months to finally get them to allow me access, and someone from paypal actually sent me a scathing handwritten letter bitching me out for siccing the legal system on them. I got my money out, closed the account with a 0 balance, and thought that was the end of it. A few months ago I had to open a new Paypal account. All has been fine and dandy until today - shortly after receiving some funds, my account is now "Limited". I called them, they said it was because 7 years ago I "abandoned" an account when it had a negative balance and gave the email address I was using at the time of the above poo poo. I asked them why it took them 7 years to realize I might owe them money, they said they just started scouring old records. They claim I charged $25 of gas to my Paypal debit card (what debit card?) at a Shell station. Then jumped into a spiel about how they'd be happy to take care of it right now over the phone. I told them that wasn't happening until I received proof that the debt was mine. The guy kept trying to get me to acknowledge the debt was mine, i kept telling him I wasn't claiming it as mine and that's why I wanted it validated. So what should I do? They're mailing me "proof of debt". In my state (TX), the FDCPA applies to both first and third party, and the SOL is only 4 years. I obviously have no intention of admitting that the debt is mine (because it isn't, I closed that account immediately after removing funds from it, and never had a debit card with it). Equally puzzling, I got a statement from Capital One about a CC I walked away from 5 years ago (first communication I've gotten from them in about 3 years). They still show the account as open and accruing interest, I thought they had to charge off debt after 180 days?
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Mar 15, 2011 04:46
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I can't help you with the PayPal thing but my brother did the exact same thing as you and walked away from Capital One and a $500 balance back in 2004. I get his mail right now because he's in the Army and they've sent quarterly statements the last couple of quarters. He said he hasn't heard from them in a long time. I had him call Capital One and they told him that the "new card regulations" require them to send statements. Who knows what that means.
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Mar 15, 2011 15:59
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LorneReams posted:Usually you dispute with CRAs and if they confirm, it's a violation. The extremely oversimplified next steps: 1) Send your disputes to the CRA's, CMRR, including a copy of your ID and a utility bill if you have one. (This way, they can't stall and ask you to prove that you are who you say you are) 2) If you don't get what you want, threaten to sue everybody. some texas redneck posted:So what should I do? They're mailing me "proof of debt". In my state (TX), the FDCPA applies to both first and third party, and the SOL is only 4 years. I obviously have no intention of admitting that the debt is mine (because it isn't, I closed that account immediately after removing funds from it, and never had a debit card with it). Once they send you whatever it is they think proves an outstanding debt, reply with a letter that says that you never had a debit card. Or, just don't use PayPal. It would be much different if they decided to snatch $25 from your payment account. quote:Equally puzzling, I got a statement from Capital One about a CC I walked away from 5 years ago (first communication I've gotten from them in about 3 years). They still show the account as open and accruing interest, I thought they had to charge off debt after 180 days? Whatever they sent you shouldn't show the credit card account as still open, but they could have changed the revolving account to a collection account, which would be open. Since you're in Texas, DV them, and see what they come back with. I don't know very much about Texas law, other than that it's magical if you're a consumer. To that point though, I don't think you can send them a C&D since they're an OC. I could be completely wrong about that, though. TWiNKiE fucked around with this message at 16:13 on Mar 15, 2011 |
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Mar 15, 2011 16:11
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LorneReams posted:Usually you dispute with CRAs and if they confirm, it's a violation. CRAs being Experian/Equifax/TransUnion? And just a basic letter saying I requested validation and it wasn't sent, so I'm disputing?
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Mar 15, 2011 17:41
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Tigren posted:CRAs being Experian/Equifax/TransUnion? And just a basic letter saying I requested validation and it wasn't sent, so I'm disputing? Don't give them a reason, just dispute as not yours. I've had the best luck doing it online trhough the free anual credit report site. Remember to only dispute the CRAs where the tradeline actually exists, if it's not already obvious.
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Mar 15, 2011 17:52
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LorneReams posted:Don't give them a reason, just dispute as not yours. I've had the best luck doing it online trhough the free anual credit report site. Remember to only dispute the CRAs where the tradeline actually exists, if it's not already obvious. Also, I had posted on this a few pages back, I think... I wouldn't use the online dispute tools. If you send a letter disputing several specific things (account number's wrong, dates are wrong, amount is wrong), a real person has to look at it to categorize it. If you say "not mine", you're pigeonholing yourself, and doing the CRA's work for them.
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Mar 15, 2011 19:40
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TWiNKiE posted:I wouldn't say "they didn't answer me" in your first dispute. Save that one for if they come back with a letter that says the CA verified the information. Good point. I'm usually doing thousands of disputes at once, so online tends to be easier and more effective for me, also it can confuse them when I later send a CMRR while they are researching the online dispute. I've found that confusion usually results in deletion.
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Mar 15, 2011 19:44
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Got a collection notice for a gym membership I cancelled that they're alleging over the phone that I never cancelled. What do I need to do to dispute the debt?
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Mar 16, 2011 01:19
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Baruch Obamawitz posted:Got a collection notice for a gym membership I cancelled that they're alleging over the phone that I never cancelled. These are the goddamn worst. I've sued more gyms then EVERYTHING else combined. It's usually the only way 
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Mar 16, 2011 03:53
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TWiNKiE posted:Once they send you whatever it is they think proves an outstanding debt, reply with a letter that says that you never had a debit card. Or, just don't use PayPal. They haven't taken money yet - but they have denied me access to the funds that are currently in my Paypal account (significantly more than what they claim I owe). Believe me, I loving hate Paypal as much as everyone else, but I still have to use them from time to time. quote:Whatever they sent you shouldn't show the credit card account as still open, but they could have changed the revolving account to a collection account, which would be open. It looks exactly like a normal credit card statement. They're still adding interest as well, though I'm not able to login to the account online anymore. They emailed me yesterday with "Today, we’re notifying you that your account is scheduled to be sold to another company in approximately the next 45 to 105 days" and to call them if I'd like to work out my debt. Also, the Texas Debt Collection Practices Act treats OC and third party collectors the same. A C&D would work, in fact I sent them one a few years ago telling them to only contact me via mail, and they haven't called me since. What's odder about the Capital One statement showing up though - it had my old address (in a different city), and there was no yellow "Forwarding" sticker that the post office usually sticks on. And my forwarding request with USPS should have expired by now. 
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Mar 16, 2011 05:45
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