SINCITY89103
Member
What is the name of your state?What is the name of your state? I now reside in NC
Okay here's the story line.
I lived in FL in an apartment complex. I had trouble with my roommate and the aparment complex agreed to let me break the lease in order to sign a new lease for a one bedroom apartment. The move out date was scheduled for Oct 1st, 2002. Yes that long ago. Instead of signing the new lease I simply moved out. I let them keep the 900 dollar security deposit I had put down upon move in.
Well now a few years later, I go to move into an upscale apartment complex and they deney me. The old apartment complex put "cleaning fees" on my credit report through a collection agency. When I contacted the apartment complex they told me there were various cleaning fees for a grand total of 825.00 dollars. When I questioned them about the 900.00 dollar security deposit, they informed me that when I broke the lease the deposit was forfeited. I told them about the arrangement and that I decided to just move out. The Aparment complex is under new management and it seems the details the this agreement were not recorded.
I want to fight the charges with the apartment complex.
I read my rights under the FDCPA regarding the fact that it was the collection agency and not the apartment complex who reported this to the credit bureaus. I wrote debt validation letters to the bureaus and the collection agency. The collection agency sent me a printout of how the charges were totalled and a copy of the lease signed by me.
According to my understanding, under the laws of the FDCPA, this is not satisfactory for validation. There is no agreement for me to pay anyone except the original creditor. There is no contract between the original creditor and the collection agency stating they own the debt or can legally collect for them. How do I owe the CA? I never agreed to pay the CA, in my contract it never mentions a CA. If you owed Sue money and Bob can collecting for it would you now owe Bob the money. What if I do not think I owe Sue anything. This does not make sense to me.
Can I take the CA to small claims court for not removing the listing and win?
I've read it is very hard for a CA to get a judgement when there is no direct contract between the CA and the original creditor, is this true? In my original contract , which I read throughly. It never says I would be held liable to any "assigns". Do I have a case? Also if I do have a case, would I now have a case against the credit bureau being that my inquiry came back "validated". They reported the debt to the credit bureau as valid even though it was in dispute. Isn't that also illegal? I've read that when in dispute they need to report as such.
Sorry one more thing....
It has been 3 years. When the statute of limitations runs out, ( I think it is 4 years on a written contract) can they continue reporting to the credit bureau? Do I go by the statute of limitations where I live now or where the original creditor is located?
Okay here's the story line.
I lived in FL in an apartment complex. I had trouble with my roommate and the aparment complex agreed to let me break the lease in order to sign a new lease for a one bedroom apartment. The move out date was scheduled for Oct 1st, 2002. Yes that long ago. Instead of signing the new lease I simply moved out. I let them keep the 900 dollar security deposit I had put down upon move in.
Well now a few years later, I go to move into an upscale apartment complex and they deney me. The old apartment complex put "cleaning fees" on my credit report through a collection agency. When I contacted the apartment complex they told me there were various cleaning fees for a grand total of 825.00 dollars. When I questioned them about the 900.00 dollar security deposit, they informed me that when I broke the lease the deposit was forfeited. I told them about the arrangement and that I decided to just move out. The Aparment complex is under new management and it seems the details the this agreement were not recorded.
I want to fight the charges with the apartment complex.
I read my rights under the FDCPA regarding the fact that it was the collection agency and not the apartment complex who reported this to the credit bureaus. I wrote debt validation letters to the bureaus and the collection agency. The collection agency sent me a printout of how the charges were totalled and a copy of the lease signed by me.
According to my understanding, under the laws of the FDCPA, this is not satisfactory for validation. There is no agreement for me to pay anyone except the original creditor. There is no contract between the original creditor and the collection agency stating they own the debt or can legally collect for them. How do I owe the CA? I never agreed to pay the CA, in my contract it never mentions a CA. If you owed Sue money and Bob can collecting for it would you now owe Bob the money. What if I do not think I owe Sue anything. This does not make sense to me.
Can I take the CA to small claims court for not removing the listing and win?
I've read it is very hard for a CA to get a judgement when there is no direct contract between the CA and the original creditor, is this true? In my original contract , which I read throughly. It never says I would be held liable to any "assigns". Do I have a case? Also if I do have a case, would I now have a case against the credit bureau being that my inquiry came back "validated". They reported the debt to the credit bureau as valid even though it was in dispute. Isn't that also illegal? I've read that when in dispute they need to report as such.
Sorry one more thing....
It has been 3 years. When the statute of limitations runs out, ( I think it is 4 years on a written contract) can they continue reporting to the credit bureau? Do I go by the statute of limitations where I live now or where the original creditor is located?
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