beanie1433
Junior Member
What is the name of your state? Florida
Iam attempting to clean up my credit and already hit a brick wall. I basically have three major problems with my credit.
ONE---- (I will only post one, its long, sorry)
I owe an old apartment complex for breaking my lease early. Although they rented the apartment out the next month they are sill trying to charge me thru the end of my lease which is $6,700.00. (They also admitted the amt is incorrect)
I am going through a divorce and trying to get an apartment on my own and was declined until I take care of this bill. I called the apartments directly and informed of my situation and informed I am considering filling bankruptcy and am trying to pay everyone off first. I had already retained an attorney but was unsure if I would actually file. I offered to settle the account for $500.00 if it would be considered "paid in full". I also informed that I am disputing the amount of the debt.
The agreement was- as long as the attorney verfies that I am considering filing bankruptcy they will accept my offer.
The collection agency spoke to my attorney several times and did confirm of my intentions. The collection agency, after speaking with the apartments then agreed to accept my payment of $500.00 and immediately fax me a letter stating paid in full. I did not have enough time to argue with them to get the agreement in writing, I needed the letter asap.
Needless to say, they did not provide me my letter, instead are dragging this on. Now they are saying that the agreement is contingent on me actually filing bankruptcy and providing a case numb for our verbal agreement to be vaild and are trying to collect more.
They actually withdrew $510.00 and told me the extra 10 was a processing charge, I did not authorize that amount or was even aware of it.
After bringing this to the collection agency's attention, they agreed to mail me my letter as prev agreed. A week went by and no letter. I called them back and they said that they cannot provide me with the letter after all.
I left a voicemail for the apartment to inform I have not received the letter yet. They called me back and left me a message(saved), informing that they have confirmation the agency has recvd my payment and if agency does not write the letter the apartments will.
Once the apartments talked with the collection agency, they too are now not honoring our verbal agreement even though I have her on my v-mail confirming it.
According to my attorney if I file bankruptcy, the trustee will demand that payment back to dispurse among all the creditors. I informed the agency of this and how it is in their best interest for me not to file.
I recvd a v-mail back from one of the managers, extreamlly unprofessional and rude, saying they will not even issue me a receipt at all for my payment.
Not to mention, the collector that took my payment was very abusive and using profanity.
I gave them one last attempt and informed them if I do not receive my letter with in 3 days via fax or mail, I will exercise my rights under the FDCPA and file formal complaints.
--------------------------------------------------------------
Does it sound like I have a strong enough case to bring this to court if I have to, and win?
My attorney only handles bankruptcy (thats a whole other story), are there attorney's who specialize in this type of situations if I need one?
Iam attempting to clean up my credit and already hit a brick wall. I basically have three major problems with my credit.
ONE---- (I will only post one, its long, sorry)
I owe an old apartment complex for breaking my lease early. Although they rented the apartment out the next month they are sill trying to charge me thru the end of my lease which is $6,700.00. (They also admitted the amt is incorrect)
I am going through a divorce and trying to get an apartment on my own and was declined until I take care of this bill. I called the apartments directly and informed of my situation and informed I am considering filling bankruptcy and am trying to pay everyone off first. I had already retained an attorney but was unsure if I would actually file. I offered to settle the account for $500.00 if it would be considered "paid in full". I also informed that I am disputing the amount of the debt.
The agreement was- as long as the attorney verfies that I am considering filing bankruptcy they will accept my offer.
The collection agency spoke to my attorney several times and did confirm of my intentions. The collection agency, after speaking with the apartments then agreed to accept my payment of $500.00 and immediately fax me a letter stating paid in full. I did not have enough time to argue with them to get the agreement in writing, I needed the letter asap.
Needless to say, they did not provide me my letter, instead are dragging this on. Now they are saying that the agreement is contingent on me actually filing bankruptcy and providing a case numb for our verbal agreement to be vaild and are trying to collect more.
They actually withdrew $510.00 and told me the extra 10 was a processing charge, I did not authorize that amount or was even aware of it.
After bringing this to the collection agency's attention, they agreed to mail me my letter as prev agreed. A week went by and no letter. I called them back and they said that they cannot provide me with the letter after all.
I left a voicemail for the apartment to inform I have not received the letter yet. They called me back and left me a message(saved), informing that they have confirmation the agency has recvd my payment and if agency does not write the letter the apartments will.
Once the apartments talked with the collection agency, they too are now not honoring our verbal agreement even though I have her on my v-mail confirming it.
According to my attorney if I file bankruptcy, the trustee will demand that payment back to dispurse among all the creditors. I informed the agency of this and how it is in their best interest for me not to file.
I recvd a v-mail back from one of the managers, extreamlly unprofessional and rude, saying they will not even issue me a receipt at all for my payment.
Not to mention, the collector that took my payment was very abusive and using profanity.
I gave them one last attempt and informed them if I do not receive my letter with in 3 days via fax or mail, I will exercise my rights under the FDCPA and file formal complaints.
--------------------------------------------------------------
Does it sound like I have a strong enough case to bring this to court if I have to, and win?
My attorney only handles bankruptcy (thats a whole other story), are there attorney's who specialize in this type of situations if I need one?