• 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.

Are they violating the Fair Debt Collection Act?

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

sohnaf

Junior Member
What is the name of your state? Ohio

My apartment was damage by a fire I believe is not my false. The apartment complex wants me to pay for the damage but they ask for too much. They gave the debt to a collector. After the initial contact I received from the collector, I write a letter disputing the debt. The "verification" they sent me was a copy of the lease and a letter from the apartment complex stating that I owe for fire damage. Nothing else. I wrote another letter stating that the verification was not sufficient. I wrote that I wanted actual receipt and estimates for the repairs as well as proof that the fire was my false. I also stated that I was not to be contacted until I recieve the verifications. I just recieve a letter yesterday asking for a settlement offer. I know under the Fair Debt Collection Act, the collectors are not to contact me after I ask not to be contacted with some exceptions. Is settlement offer part of the exception? I don't think so but I want to be sure.What is the name of your state?
 


HomeGuru

Senior Member
sohnaf said:
What is the name of your state? Ohio

My apartment was damage by a fire I believe is not my false. The apartment complex wants me to pay for the damage but they ask for too much. They gave the debt to a collector. After the initial contact I received from the collector, I write a letter disputing the debt. The "verification" they sent me was a copy of the lease and a letter from the apartment complex stating that I owe for fire damage. Nothing else. I wrote another letter stating that the verification was not sufficient. I wrote that I wanted actual receipt and estimates for the repairs as well as proof that the fire was my false. I also stated that I was not to be contacted until I recieve the verifications. I just recieve a letter yesterday asking for a settlement offer. I know under the Fair Debt Collection Act, the collectors are not to contact me after I ask not to be contacted with some exceptions. Is settlement offer part of the exception? I don't think so but I want to be sure.What is the name of your state?

**A: you believe it is not your false?
 

TigerD

Senior Member
sohnaf said:
What is the name of your state? Ohio

My apartment was damage by a fire I believe is not my false. The apartment complex wants me to pay for the damage but they ask for too much. They gave the debt to a collector. After the initial contact I received from the collector, I write a letter disputing the debt. The "verification" they sent me was a copy of the lease and a letter from the apartment complex stating that I owe for fire damage. Nothing else.
That was legal validation of the debt. They are not obligated to provide you with anything else.

sohnaf said:
I wrote another letter stating that the verification was not sufficient. I wrote that I wanted actual receipt and estimates for the repairs as well as proof that the fire was my false. I also stated that I was not to be contacted until I recieve the verifications.
Now that is funny. Nobody cares if you think it is sufficient. Legal it is.

sohnaf said:
I just recieve a letter yesterday asking for a settlement offer. I know under the Fair Debt Collection Act, the collectors are not to contact me after I ask not to be contacted with some exceptions.
First There is no such thing and the Fair Debt Collection Act. You are refering to the FDCPA or Fair Debt Collection Pratices Act. Second there is no allowance in the FDCPA for a limited cease and desist.

sohnaf said:
Is settlement offer part of the exception? I don't think so but I want to be sure.
Now let's address this properly:
The facts of the situation-
1. Your apartment burned up.
2. Presumably your lease requires you to pay damages that are your fault.
3. You feel the fire wasn't your fault.
4. You feel the damage estimate is too high.

Q1: What did the fire department's report on the cause of the fire say?
Q2: Have you been sued yet?
Q3: Would you like to be sued?
Q4: Can you prove the fire wasn't your fault?
Q5: If so, why didn't you?

DC
 

Find the Right Lawyer for Your Legal Issue!

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