• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Home Owners Dues wrongfully sent to crooked collection/lien & foreclosure agency

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

E

enclave

Guest
Los Angeles, California - I have a collection agency harassing me and all my reasonable efforts to work this out have been to no avail. My first question is: If I pay the collector his unreasonable fees and not yet delinquent assessments, do I have any recourse to recoup these unreasonable collection costs on a file that wrongfully went into collection?

I have owned my unit for 10 years. Within the last two years, the condominium association has been run by Board President and Board Member/Buddy of President, two virtually new homeowners who are wanna-be dictators who have lied to me and are making me financially responsible for their lies. Our Board has five members. There are two rational members, however, Board President and Board Member/Buddy of President always manipulate the odd member to vote their way or to be persuaded that a vote is not necessary. Subsequently, the two rational members are never heard. There is corruption on my board that is allowed based on predjudice interpretation of CC & R's, Rules & Regulations and Davis Sterling Act.

In the specific instance I am talking about, my home owner dues account was sent to a Lien and Foreclosure i.e. Collection Agency. I don't believe this is fair or just. I first received notice from the collection agency on January 23, 2001. Since then, the board has put me off regarding any resolutions to my disputes. I offered in January, to pay the collection agency the undisputed items on their statement, until the board had a chance to vote and adjust my bill according to their vote. At that time, I would pay the difference on the adjusted bill. The collection agency responded the only alternative to entire payment, regardless of what was in dispute, was for me to pay him an additional $100 for him to draw up a payment plan, where payments would be applied to the oldest items first, even if said items were listed as delinquent months before they actually were proven to be my responsibility. In the meantime, my account would accrue additional late fees, interest costs, and collection costs on a daily basis. I wanted to get out of collection and pay charges from 2001, but I couldn't afford to pay that which wasn't delinquent. I sent much correspondence disputing this and appeared before the board. I was told that no decision could not be made without board votes and that I was to wait till the next monthly board meeting. In the meantime, the collection agency, which appears to be a one man show, charged me $125 per hour for every second of attention given to any time spent related to my account, including clerical work, telephone calls and faxes, (whether sent or received), etc, and, these charges accrued daily i.e. if the collector gave one second of his thought to my file today, the amount he billed me yesterday, had already increased. Yesterday, I found out that unbeknownst to me, a board member wrote the collection agency a letter mentioning all the rules he was breaking i.e. fair debt collections practice act, etc. The result of this letter, was an extra $250 collection cost added to my account entitled "debt validation". To date, the collection costs have escalated to $740 and still climbing. Of the $2,695.23 demanded in the02/20/02 collection agency's statement, I would like to settle at $1,954.98 and dispute $740.34. Please note, the board, the financial manangement company and the collection agency have proven that they have no intention of treating me with any reason, fairness,honesty or kindness. I have detailed evidence supporting my claims.
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top