ok.....my mom is going to give me $1000 to offer the s.o.b. CA who yesterday told me they would reduce my $1549 debt to $1241. how can i finesse these people into this? should i do it by mail with a form letter? saying i will offer you $1000 as total payment, blah blah. my mom is freaking out on my behalf and doesn't want to see our credit ruined or us sued. my mom wants me to call and make the offer, but, well i don't want to seem desperate i guess. thanks.
ALWAYS get it in writing. Make sure the CA and OC will delete all negatives including the collection agency tradeline from your report.
I don't know what others think, but you may want to offer a bit less than 1K, gives you room when they try to bump you.
if the CA already reported to the CRA, then you don't have much to gain by rushing to pay. The older the collection, the less it effects your credit score. It's not like a TL that reports 30d lates, 60d, 120d, etc., that screw you more and more the farther you get behind. Whether you pay today, or 1 year from now, your credit is already damaged. So don't feel rushed or pressured. I'd also ask for validation before paying them. And if I did pay, I'd print a conditional contract right on the check saying they have to delete any records from the CRA's (search here for "WESTCAP endorsement"). also, I'd say read the FDCPA so you know what they can can not do, etc.
Don't get in such a hurry to pay it!!! How old is the debt? Is it still within the SOL? Have you requested validation?
we incurred this debt 3-11-03 and had 15 days to pay the original amount of $1649, but they kept $100 from our deposit to put against the amt. the CA never contacted me via phone. i contacted them, cause i wanted to be all up front and in innocence, i thought they would take payments, otherwise i wouldn't have spent my income tax refund on fixing up our new house. anyway. correct me here please. i called the CA, spoke with rude butthead #1, he told me before he hung up on me that they would take further action. well, of course since i have never been in this position i am freaked. then i called back yesterday, talked with manager guy #2, he lessened the debt to $1241. that is 80% of the debt. i figure me paying 60% would be even better. that would be $992. when i spoke with #2, he never gave me any 'speech', was he suppose to? and he also subtly threatened me, he told me VA. is a garnishable state and I need to think his offer over. so, i don't think this mess is on our credit report as of yet. supposedly if we pay it off in one lump sum, it won't be reported. of course i would want all of this on paper. i called my mom back and told her to not send me the money as i want to waste time having them validate the debt. how long will it take them? i know they can validate it. then what? a c&d order, return back to original creditor, which is a prop. mgmt. company. this isn't a cc debt or an auto loan. not sure what the SOL would be on this type of debt. basically aimco mgmt. would be getting free money, because i didn't receive any goods or services, so i would like to lessen the amount due as much as possible. i do not want to go to court and have a judgement against us. another funky thing about the apt. complex, we rented a washer/dryer till ours came from WA. state, i sent the w/d back, but had to rent again. i have no accounting of our funds for this. i could have overpaid them for all i know. also, the leasing people screwed up our apt. we were suppose to move in on oct. 14, but they had to replace the carpet, so we didn't get to move in till oct. 16. they let us stay in their hospitality suite, free of charge. so, in essence, they owe us for the 2 days of overpaid rent. i should call and tell them i want a full accounting of all the monies we paid in. i'm not even sure! as for the other $100 of our deposit, they kept $58 because we tore a small hole in the vinyl when we moved our w/d out. they noticed we had a dog, and also took out $20 for pet rent. to have a dog we were suppose to pay a $300 non refundable deposit, but since we knew we were going to move, we didn't. don't know if that could come back on us or it is a moot point by now. so, that leaves another $22 unaccounted for. i really need an accounting from the apt. complex. aimco has a bad rep. for ripping people off. i no longer have any qualms about the verification letter. i have thought that the tone of some of them is strong, cause i am a wimp sometimes and didn't want to come on too strong. but this is my right.
This is what validation is for.. You really have no clue yet if they can validate as they may not have appropriate records, etc. Validation is not the same as verification
For what exactly are they alleging you owe this money? I read the post twice and couldn't figure it out. Rent? Additional security deposit? Damages?
oh, i have a previous post describing our boo-boo. we broke a lease on a rental unit and the price for doing so is the monetary equivalent of 2 months rent.
I'd definitely make them give you a detailed accounting. Then go through your records and find any payments you made. Hopefully you wrote on the check or in your checkbook what it was for. Check your state laws to see what they can legally charge you. Let them know you are going to reconcile their statement to your records. I'd deal with the management company directly. Get everything in writing. Be the thorn in their side. Sometimes it's easier for them to just forget it and not bother to collect.
Ok, first off I have to say that you don't sound like you were a good tenant in the first place. I didn't see your previous post. What I get is that you moved in mid. oct 02 and moved recently. Broke your lease. Your main offense seems to be that you didn't have your act together. BAD BAD YOU. Now for the good part. This is not a collection issue. This is a housing issue. For them to collect this money they would have to take you to small claims court i.e Judy Judy Court. This is a court of common sense. It's very easy to make your case and win. The property manager knows this and would rather settle than go to court as long as you show that you are willing to pay a negotiated amount. Note that in most cases, it would be very difficult for them to win a fee of 2 months rent. Most judges would not allow more than 1 month. Question: Does your lease say that you must pay 2 months rent if you break your lease?? How many months notice is required if you want to end your lease?? Did you give them any notice at all that you were going to move?? All these would factor in your case. However, I still say they would gladly accept 1 months rent and call it even. It would cost them a lot of moey and time to take you to court and they may not win. ALSO, if and when you do get to small claims court you should know that about 85% of these cases would be settled outside the door in the hallway. I know because I have been there many times on the management side. PS.... When you have long post, leave spaces every few lines.
Here is something to ponder funk. If you do not have anything nice to say then keep your damn mouth shut. You sound like some of those fools over on the msn money board so which one are you?
thanks pic! actually, we are good tenants, paid rent on time, etc. we bought a house, yes we gave 2 months notice, yes we initialed that they could charge us 2 months rent if we broke the lease, cause we never thought we would break a lease. all that is water under the bridge and my concern is the potential outcome. i'm not familiar with these types of actions and what may or may not occur, what to expect. thanks for all your attention.
outside of that first paragraph of Funks post, i think it had some good info. That first paragraph really sucks though, and personal attacks and judgements don't really belong here in my opinion. Typical of most property managers - they see the world, and judge people, through the tainted tunnel-vision glasses of a leasing manager... just like a carpenter sees a world full of nails.
Actually he is from msn. The first post I opened had him giving a thumbs up to a post bashing creditnet. What a winner.
does MSN have a financial site like creditnet or something? or is Funkalicious just a holy roller? I sent out my val. letter today. I also went to Radio Shack and looked at taping devices, pretty expensive, not sure worth it. I'm not sure if what the 2 bozo's at the CA said could get in them into trouble or not. One said we will take further action, which could imply anything, and the other said Va. is a garnishable state. Were they threats, I took them as a mild threat, but someone else may not. And also, I can't prove it anyway.
creditnet and cardreport have tons of people who come here for help and a select few who provide this help. Msn has a few people who come for help and a ton of people who pass judgement. It is a complete waste of time going there. Msn has all the people who have been banned from these other forums. I remember a couple months ago a woman who was beaten by her husband and finally left him. He provided no child support and she was left with all the bills he ran up. They pretty much killed her on the forum. Some idiot berated her for not paying her bills and another told her she should never have left her husband. It is neverending over there.
i think i have found the top few places where good advice is dispensed. a few months ago before we ever considered breaking the lease, i went to a forum and posted and got blasted. i wish i knew more, so i could help people.
