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Lease rental agreement proof

Date: Thu, 07/02/2009 - 05:44

Submitted by anonymous
on Thu, 07/02/2009 - 05:44

Posts: 202330 Credits: [Donate]

Total Replies: 2


I am disputing 2 rental agreements with one agency that is on my credit file as a collection, using this forum I wrote to the collection agency using certified mail and asked then to provide me with the following.


Agreement with your client that authorizes you to collect on this alleged debt.

Agreement that bears signature of the alleged debtor wherein he promises to pay the creditor.

Complete payment history on this account so as to prove that the debt amount you wish to collect is correct.

Proof that you informed the 3 credit agencies that I have placed this debt in dispute


ABout 15 days later I received a letter from the collection agency saying the debt is valid. Along with it they sent a copy of the initial leasing agreements which are flawed and are clearly not in sinc with the collection amounts and dates to the claims made by the creditor to the collection agency. A couple examples are one lease states an apartment number that I have never lived in while another documentation claims I owe for lease dates that are not consistant with the date on the provided lease copy. These are just a few descrepencies.

My question is, doesnt the collection agency have to get court rendered legal documentation that I have breached a lease before they can take on a collection? ie an eviction or magistrate court judgement of proof.


If the documentation they provided does not jive with what they are claiming, then no..it is not valid validation. You should write the CA back and provide a copy of what they sent, with the items that don't add up highlighted and tell them that this is not proof because it is plain wrong.

Do you have your own copies of the leases? Make sure you keep them in a safe place in the event that the CAs try to sue.

Some of the items on your validation letter would not be answered by the CA, for example a payment history (rent?) would not be required, at least depending on what it is they say you owe for....if they say you owe for damages then the rental history will not prove/disprove that.

From what you said here it looks like the debts in question are pretty bogus. Fight it. Inform them as I said above that what they sent proves nothing, it in fact DISPROVES their claims because the information does not match up. Demand that they close the account and remove it from your credit reports or you will take them to court for deliberately ruining your credit with false information.

Unfortunately CAs do not have to have court rendered legal documentation to place items in collections....they just have to be able to prove it if challenged. Even in a court of law a CA can get away with it if the defendant does not challenge the documentation or lack thereof.


lrhall41

Submitted by goldenbast on Sat, 07/11/2009 - 03:45

( Posts: 2884 | Credits: )


Thank you I did exactly that certified of course. That was on July 09 I sent the information to them. Here is what I sent.

Dear Collection Manager,

I have receipt that you have received my response to your claim of verification of a debt owed to a debtor. Also, after further reviewing what you have sent me, it appears that while you continue to report this information to the 3 major credit bureaus, the documentation you sent clearly has no relevance to me or is insufficient due to the obvious inconsistencies that should have been noticed by your office prior to your reporting this information to the 3 major credit bureaus.
Please note I have attached the relevant documentation pages with inconsistencies while making note of them for your convenience.

Exhibit A: Creditor Name
Document dated 11/20/2006 from Credit Agency
Claim:
Claimant skipped out owing past rent, late charges, warrant charges, cleaning charges, damage charges and improper notice charge to the amount of 3925.00 for resident address,
Crescent Place Apartments
1122 Crescent Place
Unit 12
Atlanta GA 30309
Fact 1: Debtor has never resided at,
Crescent Place Apartments
1122 Crescent Place
Unit 12
Atlanta GA 30309

Exhibit B: Creditors Name
Copy of a lease dated 4th day of June, 2004 for creditor Creditors Name states on the first paragraph:
This agreement made this 4th Day of June, 2004, between Creditors Name., TRUSTEE FOR Crescent Place Apartments (hereinafter called ???management???) and Barbara Schatz (hereinafter called "Resident") Management leases to residents, and resident rents from management, apartment 40 located at: 1122 Crescent Avenue, Atlanta, GA 30309 under the following conditions.

Fact 1: Claimant has no relations or knowledge of a Barbara Schatz and certainly no legal obligations to the ???Resident???
Fact 2: Claimant has never resided at Apartment 40 located at 1122 Crescent Avenue, Atlanta, GA 30309


Exhibit C: Creditors name.
Unsigned Move-Out Report and Settlement Statement

Claim: Move-Out Report and Settlement Statement from creditor:
Creditors Name states Claimant owe unpaid rent from 5/1/2004 to 6/30/2004 in the amount of 2117,67.

Fact 1: According to Section 3 Rent of the lease it clearly indicates the following:

3 Rent. Resident agrees to pay Owner the sum of $608.00 per month rent.
If claimant actually did owe rent from 5/1/2004 to 6/30/2004 those two months would amount to 1216.00 not 2117,67.

Fact 2: According to Section 2 Term of the lease it clearly indicates the following:

2 Term. The term of this lease shall commence on the effective date and shall expire on June 18, 2004.
Logically how could claimant owe the balance of rent up to 6/30/2004 as indicated on the move out report if claimant???s lease was up on 6/18/2004?

Claim: Move-Out Report and Settlement Statement from creditor:
Creditor???s name states claimant owes a Termination Penalty of 608.00.

Fact 1: Move out report and settlement statement also indicates the apartment was vacated on 6/25/2004 which would clearly indicate claimant had possession of the apartment up until the lease date of 6/18/2004 which would further indicate claimant stayed the full term of the lease.

I have again disputed this debt in detail by pointing out the obvious inconsistencies; therefore, until validated you know your information concerning this debt is inaccurate. Thus, I ask that you cease in reporting this information to any credit-reporting agencies or Credit Bureau???s and have it removed immediately; then, in addition you must also inform them of my dispute with this debt. The clearing up of this information is vital to my current home buying process and the ability to get a home loan.

Reporting information that you know to be inaccurate or failing to report information correctly, violates the Fair Credit Reporting Act 1681s-2 which I cited in my knowledge of and rights regardind the FCRAA in a previous certified letter.



Claimant

Of course the name claimant and creditors name was replaced with claimant being myself and creditors being the name of the actual creditor.


--------------

Since this letter, I have actually called the CA and spoke with someone extensively (Documented the name and time as well) about the erronous information thay provided as proof. This person said someone would get back with me in 48 Hours. That was 5 Days ago.
Should I now move to a lawsuit or just try one more attempt with an intent to file lawsuit letter. If the latter is the case does anyone have an intent to file lawsuite letter template that may be suitable?
Thanks for all of your help


lrhall41

Submitted by on Tue, 08/11/2009 - 07:24

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