Count My FDCPA & FCRA Violations

I had to break my lease on an apartment due to my inconsiderate neighbors upstairs in April of 2007. Before I did, I wrote numerous letters to the managemnt and made several calls begging for help. After a few correspondences back and forth all to no avail, I decidfed to walk away and sent a letter to the apartment management telling them all the reasons I was moving especially when a light fixture almost clipped my 6 year old on the head from the neighbors tromping up and down. I also included the date I was leaving with a return receipt giving them a two week notice.

In Sept of 2007, I find out tht there was a collector trying to recover $3k from me for the apartment complex. I spoke with the collector and told her my story along with the emails I had sent. She told me she was going to investigate it as she thought she would be able to get this written off and get back to me. A week had passed after we spoke and I get a letter in the mail stating that since I refused to cooperate, they were reporting me to the credit bureaus.

I called her back enraged and she said, without a police report, there was nothing I could do and that was it. I never refused to pay, I just felt that the eviction it shows and the amounts were ridiculous since I had tried to work it out and had proof.

The credit report shows the initial date as Jan 2008?

1) Why would it not show up for May since that was the date of deliquency?

2) WOuld I be able to fight to get this creditor removed from my file since they reported the info while in dispute? Isn’t that against the FCRA?

I am so torqued bcause not only did I endure 5 months of their BS, but now I have 7 years of it!!

Thanks,

Tara

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Hi Tara,

1) The date of first delinquency is required to be reported to the CRA by the debt collector, but unfortunately that date is not always visible on your credit report.

2) I would say yes it may be an FDCPA violation; but below is a better answer…

Within five days from the debt collector’s initial contact, the FDCPA requires them to send you a notice of your validation rights.  If they didn’t do that, then you have an FDCPA violation.

If you request timely validation of the debt then the debt collector is required to verify this debt with the apartment complex and provide that validation to you.  FDCPA violation #2.

It sounds like you do owe some amount to the apartment complex, but probably not the exact amount the debt collector is attempting to collect.  If so, then you have FDCPA violation #3.

As for FCRA violations, you will need to send a dispute through the credit bureau to trigger any private right of action.

It sounds like Ma & Pa Collector are at it again!

Thanks for the questions and hope this helps.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.