My daughter is being sued by a CA!! She got a letter from a CA in March saying that she owed $1800 in damages from an apartment that she was living in. We sent a validation letter to them. They responded by dropping the amount to $1200, and stating only that repacement of carpet was 1200. They said that they didn't have to answer the rest of the questions, and they sent a copy of the lease. We sent another validation letter saying that we were demanding that they answer all the questions; if any insurance claims had been made, what were the terms of the account, and if the OC had made any tax deductions. They wrote back that we need to send all correspondance to their attorney. They also pulled a hard inquiry. We sent a C and D letter and an unauthorized inquiry $1000 letter to the CA, not the attorney. Now the suit. Are they on crack. Should we countersue now or wait til after court to sue? They did sue after the C and D by about 6 weeks. Thanks for any feedback. Charlie
Filing suit is just about the only thing they ARE allowed to do after a C&D. Although the validation letter works most of the time, I thinkthey may be right - I don't think there is any caselaw to support the claim that they are required to answer all of those questions. Basically, they are only REQUIRED to provide a full accounting of the charges and a document with your signature agreeing to the terms.
Sue the CA for not correctly verifying the debt. When you go to court, show the judge the questions you asked etc if those things were actually damaged why didn't they get the insurance company involved?
tmitchell, if they filed an insurance claim on it and then collected more money from the alleged person that damaged it, then its considered fraud. Insurance is there JUST in case they weren't able to get the money from the person.
Isn't the filing a lawsuit against a consumer considered 'continued collection activity', if the consumer had previously requested validation, but the CA has not responded or produced it as of yet?
All the CA showed was $1200 for the carpet damage on their letterhead and a copy of the apartment lease. They never showed the account in dispute or answered the unauthorized inquiry letter. My daughter answered the letters, so I don't understand why they pulled the inquiry. It wasn't like they needed an address to find her. Isn't a lawsuit continued collection activity? Charlie
Don't wait until after court to sue. The idea of a lawsuit is to bring all of the evidence before a Judge and to let the Judge decide. YOU MAY BE BARRED FROM BRINGING A SUIT LATER. yOU NEED TO RAISE THE ISSUES NOW. (I'm not shouting - I hit the caps key accidently) Anyway, do you really wnan to go through this twice?
THE CARPET WAS BRAND NEW UPON ORIGINAL OCCUPANCY??? IF NOT------->If it was 10+ years old or probably 5+ on a rental...IT'S LIFE WAS OVER!!! If they got insurance money...they are "DOUBLE DIPPING"...If they charge your daughter...they are "TRIPLE DIPPING"!!! ALSO...IT IS A COST OF DOING BUSINESS...(IF THEY TOOK IT OFF THEIR TAXES ALSO)...THEY ARE TOTALLY MAKING OUT LIKE A BANDIT!!!
A lawsuit is not continued collection activity. Everyone has a right to go to court if they feel it necessary. You can't use FDCPA to bar anyone from pressing a claim in court. Your daughter has the perfect right to crossfile and let a judge sort it all out.
WHAT IS THE NAME OF THE BUSINESS AND PHONE NUMBER OF THE BUSINESS SO YOU CAN CONFIRM THAT THE CARPETS REALLY NEEDED TO BE REPLACED... Did they UP-GRADE to their "BEST" at her expense??? I HAVE NO IDEA WHAT CARPETS COST...but say it is "INDUSTRY STANDARD" for rentals to buy carpets @ $10.00/yard...if they bought carpets @ $30.00/yard...THEY GOT PROBLEMS...SHE WILL WIN (I THINK~NOT A RENTAL EXPERT)
I also filed a complaint with the FTC about a month ago. I told the FTC that I think the CA is trying to bully 2 20 year olds, because they reduced the amount they originally put on the CR's from $1800 to $1200. I even asked the CA why they reduced the amounts. Charlie
All my opinions and knowledge are given FREE OF CHARGE...but if you would like to DONATE 2 F.I.C.O. points...just let me know...
GEORGE, Like I said, they put the amount of the carpet on the CA's letterhead. Should I send them a bill on my letterhead and expect them to pay? I don't honestly believe that the carpet was damaged. She lived there a year and rented the apartments steamer 3 times. The apartment was 1 or 2 years old. Charlie
That was another one of my questions that they said was not relevent. Her roommate was denied a CC because of "collections". It was the only blemish on her report. That means punitive damages. Charlie
It may be that everyone has a right to go to court if they feel it necessary, however, the filing a lawsuit by the CA does not "dismiss" the CA from any violations they would be responsibile for under the FDCPA and FCRA. (i.e. if they never placed the collection account 'in dispute' on the daughters credit report), furthermore if this CA cannot even validate this debt, and walks into court with a nice little computer print-out (which is worth less than two nickels) wouldn't their lawsuit would be considered friviolous?
mindcrime, That's the deal. I told them that their letter wasn't proper validation, and that a copy of the apartment lease didn't mean anything. Charlie
Charlie, I think a copy of the lease means a lot in this regards. It places your daughter and her roommate as the occupants who are responsible for any damages. Now, can they prove $1200 worth of damages? That's what the case will turn on.
keepmine, How about the improper validation and the failure to answer the tax, insurance and question if the debt was sold? I understand that they have their rights. I also understand that they pulled a hard inquiry for their present address, even though, she put her apartment address on the 1st validation letter. The CA has a right to pull an inquiry for collection purposes, but they failed to respond to a permissable purpose inquiry letter. She responded to their letter that was sent to her old apartment then forwarded to her house. They pulled an inquiry on her in April and her roommate in late May. I think that we'll countersue. She may lose the damages, but the CA is in violations also. Except theirs are Federal violations. Charlie
