Rent collection from 1996

[PaulChang]

I am currently living in WA and recently have received a copy of my credit history report. I requested for the report because I was rejected for a credit card. The report shows a collection account past due of $1,250 as of 5-2000 originated from an apartment I lived in OH in 1996.

Prior to my moving out of the apartment in 4-1996, I talked several times and wrote letters to the landlord to complaint about the condition of the unit. The landlord agreed to terminate the lease early verbally. Three months (7-1996) after my moving out, I received a collection notice for the balance of $1,250. I called the landlord and he said that he was going to ask the bookkeeper to clear it. Since then, I have had few new credit accounts (mortgage, retail purchases… etc) without any rejection or signs of negative credit history.

I contacted the collection agency after receiving the credit history report and they claimed I must pay because I do not have a written agreement from the landlord to terminate the lease early. I then contacted the landlord's office and they said they do not manage the apartment anymore. The original owners manage it now. I left several messages with the owners and have not gotten a reply.

What action can I take to resolve this collection account to clear from my credit history? Thanks for your help.

 

[I AM ALWAYS LIABLE]

x

[This message has been edited by I AM ALWAYS LIABLE (edited October 16, 2000).]

 

[PaulChang]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

The problem is, you don't have anything in writing concerning your contract, and the original owner has found your debt on the books. The only way you can clear this matter up, now, is to offer to pay the debt on their written promise that in exchange for your money that they call the reporting agency to clear up your report.

Good luck.

IAAL


<HR></BLOCKQUOTE>

But what about the fact it "went away" for about 4 years and now, can the owner find this debt legitimate?

 

[paulchang]

I tried to contact the owners and no responses. The collection people called again and threaten to advise the owner to sue me. Since the appartment was managed by a third party, I feel the owner do not have all of the details and the reasons why I moved out (the collection people said my written notice was not in the file).

Is there a way to contact the owner and try to resolve this without going through the Ohio court?

Can the owner sue me and is their claim ligitamate after 4 years?

Can anyone please help?

 

[paulchang]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by PaulChang:
But what about the fact it "went away" for about 4 years and now, can the owner find this debt legitimate?<HR></BLOCKQUOTE>

I tried to contact the owners and no responses. The collection people called again and threaten to advise the owner to sue me. Since the appartment was managed by a third party, I feel the owner do not have all of the details and the reasons why I moved out (the collection people said my written notice was not in the file).

Is there a way to contact the owner and try to resolve this without going through the Ohio court?

Can the owner sue me and is their claim ligitamate after 4 years?

Can anyone please help?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by paulchang:
I tried to contact the owners and no responses. The collection people called again and threaten to advise the owner to sue me. Since the appartment was managed by a third party, I feel the owner do not have all of the details and the reasons why I moved out (the collection people said my written notice was not in the file).

Is there a way to contact the owner and try to resolve this without going through the Ohio court?

Can the owner sue me and is their claim ligitamate after 4 years?

Can anyone please help?<HR></BLOCKQUOTE>

You must understand that your debt never "went away." The passage of time, specifically 4 years in your case, does not extinguish the debt.

 

[paulchang]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
You must understand that your debt never "went away." The passage of time, specifically 4 years in your case, does not extinguish the debt.
<HR></BLOCKQUOTE>

yes, I understand that time would not make thing go away. I called the manager to clear it after recieving the first collection notice (in 7-1996). I had not have any trouble with my credit history since, so that's what I meant "went away". After 4 years and perhaps without a complete documentation, can the owner claim this balance when it was resolved? IF everything was in writing, how is it reasonable to expect anyone to keep every piece of paper for this many years? Is like if I paid a parking ticket and the city came back 4 years later and said I never paid it because I don't have a reciept. It's not right!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by paulchang:
yes, I understand that time would not make thing go away. I called the manager to clear it after recieving the first collection notice (in 7-1996). I had not have any trouble with my credit history since, so that's what I meant "went away". After 4 years and perhaps without a complete documentation, can the owner claim this balance when it was resolved? IF everything was in writing, how is it reasonable to expect anyone to keep every piece of paper for this many years? Is like if I paid a parking ticket and the city came back 4 years later and said I never paid it because I don't have a reciept. It's not right!<HR></BLOCKQUOTE>

Hey Paulie, you are still missing the point. Remember how you said that "it went away"? Well you are now saying "it was resolved"
It was never resolved. It will be resolved only when you pay the amount due and owing.

 

[paulchang]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
Hey Paulie, you are still missing the point. Remember how you said that "it went away"? Well you are now saying "it was resolved"
It was never resolved. It will be resolved only when you pay the amount due and owing. <HR></BLOCKQUOTE>

Let me clarify, I thought I "resolved it" with the manager because it "went away".

Yes, I got your point. Nothing in writting so nothing ever happened. It's sad that honest and perhaps naive people always get screwed!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by paulchang:
Let me clarify, I thought I "resolved it" with the manager because it "went away".

Yes, I got your point. Nothing in writting so nothing ever happened. It's sad that honest and perhaps naive people always get screwed!<HR></BLOCKQUOTE>

I take exception to your use of the word always. It is my opinion that honest and perhaps naive people sometimes get screwed but not always.

Check with the IRS on the amount of time you should be safekeeping important tax documents. Use this information as a guide in keeping legal and other important documetns such as lease agreements, paid invoices etc. Renting a safe deposit box or having a fireproof home safe would be helpful.

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by paulchang:
Yes, I got your point. Nothing in writting so nothing ever happened. It's sad that honest and perhaps naive people always get screwed!<HR></BLOCKQUOTE>

I am not sure naive is the correct word.. even 4 years ago 'common sense' dictated that you always do business in writing. Verbal amounts to nothing.

I am not sure what word I would use, but it isn't naive.

 

[PaulChang]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
I take exception to your use of the word always. It is my opinion that honest and perhaps naive people sometimes get screwed but not always.

Check with the IRS on the amount of time you should be safekeeping important tax documents. Use this information as a guide in keeping legal and other important documetns such as lease agreements, paid invoices etc. Renting a safe deposit box or having a fireproof home safe would be helpful.<HR></BLOCKQUOTE>

Thanks. The answer from the IRS was 3 years. However, I contacted the BBB and filed a complaint against the owner. A month later, BBB mailed me his response (BBB form letter) indicating that the account has been adjusted. I called and left a message at the owner's number asking him to clarify what has been adjusted. He emailed me today and quote: "I have contacted (collection agency) and told them to credit your account..." Can I keep his email as a proof that I do not owe him money or should I ask for his response in writing with his apartment letterhead?

 

[TimC]

As this is already a sticky situation, send a registered letter demanding a statement to the effect that there is no debt whatsoever.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by PaulChang:
Thanks. The answer from the IRS was 3 years. However, I contacted the BBB and filed a complaint against the owner. A month later, BBB mailed me his response (BBB form letter) indicating that the account has been adjusted. I called and left a message at the owner's number asking him to clarify what has been adjusted. He emailed me today and quote: "I have contacted (collection agency) and told them to credit your account..." Can I keep his email as a proof that I do not owe him money or should I ask for his response in writing with his apartment letterhead?<HR></BLOCKQUOTE>

That's funny. The IRS told me to keep documents between 7-10 years.

 

[David J. Miller]

Homeguru, maybe that particular IRS agent is watching you.

Regardless of what the IRS told Paul, I'd follow the advice of Homeguru and keep tax records for 7-10 years. Haven't you learned any lessons from this experience?