Tosh’s Free Credit Report

Hello Paul,

I recently got a free copy of my credit report as we are in the process of purchasing a home and found a few items to be inaccurate. 

I disputed those items and today got a phone call from one of the collection agencies to see if they could “help me”. 

This particular debt (of which I had no clue of why I would owe any monies) was for an apartment complex that we lived in about 5 years ago.  When I spoke with the gentleman he told me this was for cleaning the apartment and a reletting fee. 

I assured the man that when we left that complex we were in good standing (ie. my family members had come and helped us move and clean the apt., we had the carpet cleaned and I gave my 30 day notice, we actually moved out earlier than anticipated Feb.2 instead of Feb.28, mind you our rent was paid up, we owed them nothing and they even had the apt. paid and could have rented it out and gotten more money for the rest of the month) and that the info he had was incorrect.

He of course asked me to provide paperwork of the last walk through and the 30 day notice, to which I replied “that was 5 or 6 years ago, we left the place in good standing why would I still have any of that paperwork?!?”. 

I am thinking this is something I will be fighting with these people over.  I asked this guy if he had anything documenting the apartment was a mess or that I had violated our lease contract, such as oh I don’t know pictures, documentation, etc and he told me that as I have stated it was quite a while ago and more than likely these things have been archived and that he wasn’t going to provide me with any of it. 

I guess I’m trying to find out how I can go about taking care of this.  He said I have to provide proof but isn’t it suppose to be the other way around?!?!?

Thanks in advance for any responses!

Sincerely,
Tosh

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Hello Tosh,

First, I’d start a collection call log.

Next, within five days of initial contact, the FDCPA requires the collection agency to send you a notice of your validation rights.  Specifically 1692g(a) of the FDCPA reads:

Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing –

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

So let’s say they mail the requirements of 1692g(a) above on the fifth day and it takes five more days to get to you.  On day ten, if you haven’t received it, then send a CMRRR letter referencing the telephone call and their failure to send your validation notice per the FDCPA.  Also request verification of the debt at that time.

If they do send you notice of your validation rights before the tenth day, then of course, request validation.

Once you get the green card back from the certified mail, dispute the tradeline with the CRA by CMRRR.

Read: Irrefutable Evidence – Letter #3

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.