Collection company refuses to stop calling

[kayak99]

What is the name of your state? Pennsylvania

Quick brief on the case. Son was going to college (Penn State - in state) several years ago. When we moved him into his room we found it had not been cleaned by the previous occupant. Liqour bottles and trash everywhere and the company refused to clean so we did.

He transferred the following year and the rental company "found" lots of damage and billed him and my wife, the co-signer, for hundreds of dollars. FYI, we moved him from the room and there was NO damage and the room was cleaned. No one from the rental agency could bother to check the room while we were there.

From the first demand letter from the rental company to the most recent call (today) from a collection agency we have explained our position and the circumstances and refuse to pay.

The present collection company, with whom we have spoken on numerous occasions, seems to feel that we will pay just to get them to stop calling weekly. Regardless of our story they care about nothing but getting the money. My wife can no longer stand even answering the phone for fear it is them. (we pay our bills and resent the harrassment)

I want this to stop and will file with our magistrate if necessary but first, how can I write a cease and desist lettter (terminology) as I want to backup what I write. Is there a Pennsylvania law or case I can cite in my letter?

Thanks

P.S. Just for reference, I have two kids, both who had gone to college in two states and find EVERY rental company finds damages or a reason to keep their security deposit. My daughter was almost anal about keeping her rentals clean. What a racket.

 

[moburkes]

You simply write a letter requesting that they stop communicating with you about this debt.

FYI: The next communication is likely to be from the court system with a court date on it.

Did your wife and son follow the proper procedure to dispute the bill?

 

[kayak99]

You simply write a letter requesting that they stop communicating with you about this debt.

FYI: The next communication is likely to be from the court system with a court date on it.

Did your wife and son follow the proper procedure to dispute the bill?

Thanks, I will compose a letter. Is there a proper terminology to follow? Should it be sent certified? Any law regarding phone collections to cite?

I am not sure what you mean by "proper procedure" They communicated with the rental company when the bills were sent, as well as with the collection company when contacted, denying the monies were due. There has never been anything else that we recall.

We welcome a court date although I doubt anyone will show up. The collection agency is near Philadelphia, the rental company is in Altoona, PA and we are in Northwestern PA.

 

[moburkes]

Did you sue them in court for your money back?

 

[kayak99]

Did you sue them in court for your money back?

Did we sue them for our deposit back? If that is your question, no, they kept our deposit then requested more money.

If you are referring to the other deposits we lost, they were mostly out-of-state and the cost of suing, showing up for court, and collecting would have exceeded the value of a successful judgement. These people seem to know that.

 

[HomeGuru]

Thanks, I will compose a letter. Is there a proper terminology to follow? Should it be sent certified? Any law regarding phone collections to cite?

I am not sure what you mean by "proper procedure" They communicated with the rental company when the bills were sent, as well as with the collection company when contacted, denying the monies were due. There has never been anything else that we recall.

We welcome a court date although I doubt anyone will show up. The collection agency is near Philadelphia, the rental company is in Altoona, PA and we are in Northwestern PA.

**A: certified rrr mail. Read the Federal Debt Collection Practices Act and cite sections in your letter.

 

[JustAPal00]

We welcome a court date although I doubt anyone will show up. The collection agency is near Philadelphia, the rental company is in Altoona, PA and we are in Northwestern PA.

If they sue you, you will have to go to court in Altoona or State College, not where you live!

 

[kayak99]

If they sue you, you will have to go to court in Altoona or State College, not where you live!

"They" being the collection company located in Malvern, PA. I sincerely doubt they will be filing in Altoona, a distance of 300 miles away.

If they do file against us, I understand I am able to harrassment charges against them in Western PA.

Touche'.

 

[TigerD]

1. The collection agency doesn't care about your "excuse" that there was no damage.
2. Your dispute should have been with the rental agency and then through the court system when you got nowhere.
3. Did you document the damage on moving in with photos and letters?
4. Did you document the condition on moving out with photos?
5. Only a fool welcomes going to court -- it should be a last option.

DC

 

[moburkes]

1. The collection agency doesn't care about your "excuse" that there was no damage.
2. Your dispute should have been with the rental agency and then through the court system when you got nowhere.
3. Did you document the damage on moving in with photos and letters?
4. Did you document the condition on moving out with photos?
5. Only a fool welcomes going to court -- it should be a last option.

DC

Thanks. I lost my patience a while back.

 

[kayak99]

1. The collection agency doesn't care about your "excuse" that there was no damage.
2. Your dispute should have been with the rental agency and then through the court system when you got nowhere.
3. Did you document the damage on moving in with photos and letters?
4. Did you document the condition on moving out with photos?
5. Only a fool welcomes going to court -- it should be a last option.

DC

1. That is obvious - whore comes to mind.
2. Why would we sue the rental agency. They should have sued us.
3. In writing and witnesses.
4. Absolutely.
5. I am not a fool and I love going to court and seeing *******s lose, thank you very much.

6. Debt collectors need to realize what goes around, comes around. Paybacks are a bitch. Professionalism is the key.

 

[Zigner]

You owe the money. You acknowledge that you damaged the apartment. You may be saying "How did I acknowledge that?" You acknowledge it when you didn't even request that they refund your security deposit.

 

[moburkes]

How is a debt collector not professional? All they did was buy a debt? They didn't rent the apartment, nor drop the ball.

Or, is it simply that you all dropped the ball, so now they're the bad guys. I get it.

 

[TigerD]

1. That is obvious - whore comes to mind.

If that's what you need to do to get the money you owe ... but there probably are better ways, try a second job.

6. Debt collectors need to realize what goes around, comes around. Paybacks are a bitch. Professionalism is the key.

Yes. Exactly. When you don't pay your bills, we come around. Professionalism would be your taking responsibility to handle the situation correctly prior to creating a situation where you sob about the mean collectors that are collecting the money you owe.

DC

 

[kayak99]

You owe the money. You acknowledge that you damaged the apartment. You may be saying "How did I acknowledge that?" You acknowledge it when you didn't even request that they refund your security deposit.

Where did I say I did not request the deposit back? We were informed by them they were not returning it and they were wanting more. In other words, we could sue them, but the cost of doing taht exceeded the deposit we lost. Please read the posts before you spout.