VERY old Landlord issue, resurfaced, almost had us homeless.
Date: Thu, 04/13/2006 - 05:21
I'm a single parent, and years ago, when I was still with my son's father (who never liked to work a day in his life) when I was pregnant I decided to go live with my mum since I had to stop working and he was not interested in working to pay any bills. The apartment we shared was in MY name only. He moved in with me, never had an apt on his own before. I moved out with one month left on the lease, my maternity leave had already kicked in and he was supposed to pay the last month's rent out of his savings, but he didnt. I gave the apt 30 day notice that we would be moving at the end of lease and even gave a forwarded address (which was my mum's). I never heard about it again from the apt, and since my exe is on the lam fleeing from child support I assumed it was taken care of, cause I havent heard from him. This was in Dec 1999.
Fast forward to 2 years ago (May 2004) I relocated to another state to make a better life and have more opportunity for my son and I. I had no problems getting apartment or any utilities I have always paid my rent on time, good tenant, people love me cause I leave the place in better shape then when I moved in. The apartment we moved into was basically an expensive dump (I only had 2 days to fly in and find an apartment) and most of the good ones were taken). So we moved into what was available and I planned to move as soon as the 1 year lease was over which was last year in Mar/Apr 2005. Now I applied to an apt in Mar 2005 and I get denied. Which shocked me cause I have perfect references even to date, there would be no reason for me to get denied. I chalked it up to maybe it being a bit too posh for us and I apply to 2 others and the same thing. DENIED! So I ask the last 2 complexes for the reason why we were denied and they tell me I have an apartment complex on my credit. Impossible I think, I have rented from 2-3 places in the past 6 years and never had any problems even in this current state and no where was that on my credit, I know cause I checked the year before when I relocated and my credit was clean.
So I pull a recent credit report and find a judgement in the amount of $900 for some apartment management company I have never heard of in my life. Even WORSE, the thing was added there Feb of 2005! And states that the date was 2001 which is not true, cause I was living with my mum from 1999 to 2001, I then moved to these townhouses in 2002 of which my credit had to be flawless to rent there and I stayed there 3 years and they gave me a glowing reference when I moved. The negative entry had an 800 number on it, and when I call all I get is a recording stating they do NOT answer any questions by mail, anything I would like to know I need to send them a notarized letter with proof of my identity and they will respond within 30 days. At that point I had 2 weeks to move cause the lease was over and we were about to be homeless. Long story short I ended up having to move into a smaller, worse dump for even more money renting from a private person who had never been a landlord before and basically breaks down my phone asking for the rent up to a week before the month even starts. I REALLY want to move, but none of the apts would even give me a 2nd glance, cause they are all governed by major management offices that deal with multiple apt complexes. So I am basically stuck.
Fast forward to recently... My car was hit by a truck and totalled so I was out of commission for a few months. But I did some web searches and find out that the apartment that my ex and I had lived in way back when in 1999 went bancrupt, TWICE since then. It seems the newest mgmt company (which matches this new entry on my CR) may have audited their past records and found my information and that my ex never paid the last month's rent. But I never dealt with this company before. Secondly not once did I ever get any collection notices from anyone, and I did leave a forwarded address which was my mum's house. Thirdly, its over 5 years after the fact. Can they do this? I never dealt with their company and I thought when a company went bancrupt the past debts were wiped. Some people I talked to told me NOT to contact them or else the debt would be like "brand new" and the time would restart. Another person told me to just dispute it with the big 3 reporting agencies and they will erase it eventually. But I am scared that will do the same thing. Its bad enough they reported a wrong date and I never dealt with them before. I dont know what to do.
I havent had major credit problems at all save for a late payment here and there, I have 2 credit cards that combined are less then $3K that I am in the process of paying off slowly but surely... I want to move within a few months, but I need this fixed or else I am back at square one and wont be able to rent anywhere. Someone please offer some guidance.
THe Public Records section on my report states: NONE OF FILE so I dont think this is a judgement it seems. I was in FL at the time the debt was acquired in Dec 1999 (the date the lease was supposed to end). I am now in MD almost 7 years later.
The debt shows up under the COLLECTIONS section and states the following:
Collection Agency: PROF DEBT
Original Creditor: Sumerset Apartments (which I NEVER heard of, it was called Rosewood when I lived there)
Date Assigned: July 2001 (almost 2 years after I vacated which is weird)
Date reported: March 2005 (almost 7 years after I vacated)
Amount: $880
Balance: $880
Date Paid Out: NOT ON RECORD
Date Closed: NOT ON RECORD
This apt was in FL, I now live in MD. Yes I left the month's security deposit with the old landlord. Cause my ex was supposed to pay it and they had my forwarding address in order to send it to me when he did, which never happened. I was pregnant and soon after running around with a newborn so I forgot about it. These apts always had revolving employees in the office and kept TERRIBLE records. I even saw a post online where they put an eviction on someone else's credit 2-3 years after the fact without them knowing as well, you can see it via the following link
apartmentratings.com/rate/FL-Orlando-Rosewood-Village-Apartments-343464.html
link made inactive per forum rules-Mikey
Do I dispute with the credit bureau since its so old? Do I try to validate? The old apartment has been taken over twice and as of today is known as Summerset Apts but when I lived there it was called Rosewood Village Apts, so I doubt their records even go that far back as 1999... They are now been converted to low income units as of 2003. Its real old and they added it to my credit report in 2005.
There are multiple wrongs here. This debt is way past the SOL, debt is a few months shy of being 7 years old. I was never contacted by anyone, not the apt or the collection agency. Plus information being reported is showing a DIFFERENT OC as well(new owner of apt who i never did biz with)...
So now what to do? I am lost. I just want to know the steps I need to take in getting this off my report. Cause I would really like to move and if nobody is going to rent to me because of this, then this needs to be resolved, especially since it was added 6 years after the fact and I never did do business with this last mgmt company that took over the apartment.
Please someone advise me. Thanks in advance for any help you can offer.[size=2][/size][color=darkred][/color][color=darkred][/color][color=darkred][/color][color=red][/color][color=darkred][/color][size=2][/size]
Refer this matter to the Attorney General and the FTC. They can
Refer this matter to the Attorney General and the FTC. They can help you straighten this out. I'm so sorry for all this trouble you are going through. It must be so dreadful. If you have any firther questions, don't hesitate to ask here or pm me.
Thanks Ari... I posted at another credit board and some peopl
Thanks Ari...
I posted at another credit board and some people told me to DV the credit bureaus. I recently pulled my 3 credit report this week and found it only shows up on the Equifax and the TU reports. Secondly they have updated the date to say 3/2006 and last year it said 3/2005. So they are updating it every year starting with 2005, cause in 2004 when I relocated and pulled my report it was no where on my credit records. The expiration date shows as 11/2006 which would be 7 years exactly since 12/1999 when my original lease was up on this apt. So why are they are updating it every year is beyond me.
Can I DV the 2 credit agencies anyway since I know for a fact they dont have anything with my name and that apartment name on it? Cause to wait until november of this year is quite long.
I looked at the sample letters and there is one to send to the credit burueas to say that the debt is past the SOL and you want it removed. I am at work now and the letter is at home right now, but would DVing the 2 credit bureaus work?
Yes, do what you have to in order to rightfully get your good na
Yes, do what you have to in order to rightfully get your good name back. What is going on here is illegal. If you've never been to this place, they have no business to even make a peep on your credit report. What this is, is a form of extortion or blackmail. They are putting a false mark on your credit report in order to keep you in a precarious situation and try to make you bend to their will and give them money. DV those credit bureaus, write a dispute letter, contact the BBB, the FTC, and the AG. I know that's quite an onslaught of initials, but these are your new best friends.
Thanks again Ari, I would like to do this with as little cost as
Thanks again Ari, I would like to do this with as little cost as necessary... Dealing with filing things with the FTC and AG sound expensive, so I will attempt to DV first.
The other board someone mentioned a "blind" DV letter where you dont give your social security number or phone number, just a return address. But I am scared that giving them my new MD address will just prompt the collection agency to start mailing me here and possibly re-aging this thing. So I think I will DV with Equifax and TU first and see what happens.
This is only 1 of 3 collections on my credit report. The other 2 are 2 credit cards that I have had for years and paid off faithfully(one before my 5 year old was born) and they both basically got jacked up starting in Oct/Nov of 2005 when I got hit by a work truck and my car was totalled. I stopped paying cause I had money issues and had to buy another used car so both of those cards got charged off just 2 weeks ago cause they are past the 120 days of non-payment. those combined are $3K and once this apartment is off my credit I will need to tackle trying to settle those 2... Sincere thanks again. I will update this post on what results when I send the first DV to the 2 credit bureaus tomorrow.
It doesn't cost anything to file a complaint with the Attorney G
It doesn't cost anything to file a complaint with the Attorney General in your state or the FTC. Go to the FTC website and you can file the complaint online with them. Also most of the Attorney General sites have a online complaint form or you can print out the form, fill it out and send it to the AG office.
Since this was done in Florida for a Florida debt and by a FLori
Since this was done in Florida for a Florida debt and by a FLorida collection agency wouldnt I need to file this with the ATG in Florida?
And do I contact the collection agency and tell them that I am filing even though i never sent them a DV? I still am leary of them even getting my MD address which is why I really dont want to DV with them.... I want to try the DV with the 2 CRAs tomorrow first. I cant get to the post office today we are short at work.
Yes you would file your complaint with the Florida AG. collecti
Yes you would file your complaint with the Florida AG.
collection agencies have ways of getting your address and phone number they use skip tracing. Send them the DV letter certified mail with return receipt requested.
Thank you Tammy for your assistance! I see you becoming more wor
Thank you Tammy for your assistance! I see you becoming more worldly wise every time! Perhaps you should consider a legal career, I can see in your posts that you have capable intellect for that arena. I can see you enjoying a career in Consumer Affairs.
Stacey, I wonder, is the reason your ex never wanted to work because he was waiting for some "big break" or had a sense of entitlement, or delusions of grandeur? Just curious.
Ari, Thats an idea for when I start back to school in the fal
Ari,
Thats an idea for when I start back to school in the fall when the twins are in knidergarten all day.
DISPUTE the trade line. There are more than one item that are in
DISPUTE the trade line. There are more than one item that are incorrect, the name of the apartment management company and the date. However, from the expiration date it seems they have counted it from 1999. If it is past SOL, you have the choice of not paying the amount.
also if its from 1999 it should be past the 7 year reporting per
also if its from 1999 it should be past the 7 year reporting period under the FCRA this year. Make sure it goes away when the time comes.
Good show as well, Clay. Now, I think Stacey has the tools she n
Good show as well, Clay. Now, I think Stacey has the tools she needs to get this squared away! What a team we are!
Thanks for all the awesome advice all! Today I sent out 2 DVs
Thanks for all the awesome advice all!
Today I sent out 2 DVs CMRRR to the 2 agencies (EQ and TU) that it was showing on. I made sure to say that I never did business with the apt and that I never got notification of it before. So now its on to the waiting game I guess...
Keeping my fingers crossed!
You'll do fine Stacey, and we're always available to help you. I
You'll do fine Stacey, and we're always available to help you. I'm sure you will soon find yourself a fine home for you and your child. You deserve it!
Clay they have played a tricky game with Stacey. Since the apart
Clay they have played a tricky game with Stacey. Since the apartment complex came up with the new name in 2003, they reported her account with a latter date. And that is an incorrect item on her credit report that she must dispute.
Okay I just came back from out of town last night and seem to ha
Okay I just came back from out of town last night and seem to have gotten a response only from Transunion so far, but it is completely dumb the response they gave me. It wasnt a removal or even action taken at all! They sent another copy of my credit report with just an edit! This is what they responded with:
~
[quote]Dated 4/21/2006 (only 7 days after I sent them the DV)
Envelope Postmarked 4/24/2006
Our investigation of the dispute you submitted is now complete. THe results are listed below and a new copy of your credit report is enclosed.
If our ivestigation has not resolved your dispute, you may add a 100-word statement to your report. If interested, you may also request a description of how the investigation was conducted along with the name, address and telephone number of anyone we contacted for information.
INVESTIGATION RESULTS
PROF DEBT MEDIATION Acct # ********
RESULTS: New information below
And then in the actual credit report they just added 2 lines stating:
DATE VERIFIED: 04/2006
REMARKS: ACCT INFO DISPUTED BY CONSUMER
[/quote]~
That does NOT seem like they investigated a darn thing! I know they couldnt have investigated that fast cause it couldnt have been done within less then 7 days, could it? Seems like all they did was add the stupid line that says I disputed it. And now it has the "date verified" line which was not there before and none of the other entries on my report have a "date verified" line in it. I thought they were supposed to send ME a copy of the verification or some sort of documentation as proof??
Now what do I do?
remember that you need to send the validation to the creditor no
remember that you need to send the validation to the creditor not the reporting agency.
Hi staceyanna It is one of your legal rights that you can req
Hi staceyanna
It is one of your legal rights that you can request the bureau to give the results of the investigation done by them. This will help you to understand the details of the account in the correct way.
If the problem is not solved, you can add a 100 word statement in your report explaining the problem. Your future creditors will come to know your dispute and steps taken to resolve the matter.
Like JJ said, you can send letters to your creditor also asking for information of the account. It is against the law to report inaccurate information in the credit file. If the item is not removed, you can hire an attorney specializing the lawsuits of fdcpa and FCRA violations.
This is just the beginning, Stacey. I know this situation is rea
This is just the beginning, Stacey. I know this situation is really hassling you and wasting your time, but these things aren't resolved overnight. It takes a lot of filing on your end and a lot of paperwork on theirs.