Has anyone had success negotiating for a Payment by Deletion agreement with ProCollect? As expected, they're telling me that they dont agree to such terms. - I offered them 100% payment of the debt in exchange for full deletion of the record. - If this is just common "bs", then I will continue to push for this agreement.
Honestly, no. It is only for $40. The debt originated over 5 yrs ago when my wife and I moved out of our first apartment. The Apt. Management said we left a trash bag outside our door, which was untrue, but totally irrelevant. Before we were approved to move into our next apartment, they called and checked rental history. The old apartment management mentioned the outstanding $40 balance, and required us to pay that before moving in. We pd via money order (I believe), and were approved for the new apartment. Now, 5 years later, Pro Collect has the account, and despite multiple disputes, it always comes back as verified. I have no proof of payment, and for some reason the OC shows the debt as accurate. I have disputed with the OC and CA.
Did the management notify you of the amount they claimed you owed? Was there a security deposit, and if so, did you get it back? If you got it back, why didn't they just take it out of that? In other words, if you can document receiving your deposit back, that documents that no amount was ever due. If you got part of it back, that documents that any amount actually due was already paid. Did you dispute thru the CRA, or thru the CA? Does this apartment management have a record (perhaps visible thru BBB, or fraud complaints to your local DA) of scamming tenants for extra charges when they leave? Does your state have a requirement that any cleaning or other charges against your security deposit be itemized within a small number of days after moving out, or they are null and void?
Did the management notify you of the amount they claimed you owed? Yes, they called us. Was there a security deposit, and if so, did you get it back? Yes, there was a sec dep, however we didnt get it back because we were forced to move out early, due to job relocation. My company paid the reletting fee, etc If you got it back, why didn't they just take it out of that? n/a In other words, if you can document receiving your deposit back, that documents that no amount was ever due. If you got part of it back, that documents that any amount actually due was already paid. Since this was 5.5 yrs ago, we dont have any records of this. I now know not to ever discard payment verification Did you dispute thru the CRA, or thru the CA? Both Does this apartment management have a record (perhaps visible thru BBB, or fraud complaints to your local DA) of scamming tenants for extra charges when they leave? I'm not sure. How do I find out? Does your state have a requirement that any cleaning or other charges against your security deposit be itemized within a small number of days after moving out, or they are null and void?I live in Texas. I am not sure.
It is possible that their phone notification of you was not sufficient to meet state law. Does your state require that any claimed damages be provided to the renter within x days of moving out, IN WRITING? For example, if I remember right, in California, if they fail to provide a WRITTEN ITEMIZED list of any damages or claims against the security deposit with 21 days of move out (not sure of time limit), then the amount is not owed, even if they provide it later. Florida may have similar laws, as may other states. Call your TX AG's office to check on the applicable law. Check BBB, at bbb.org, under both the name of the apartment complex, the name of the business that owns the complex, and the name of any management firm involved.
I just called and spoke with the new owners of the apartment community (OC). She was angry at the way ProCollect was treating me. I told her about the $40, and how ProCollect was refusing to work with me to remove the record from the account. I told her that I even offered to pay the $40 again, if they would simply agree to delete the record, rather than a paid collection. She said that they've just bought the pace's crossing apartment community, and that she doubts they would have any of our records in the computer, but she would sign a letter demanding ProCollect remove the record from my reports. I told her that I would send her my info, and a letter. Can you point me in the direction of a letter which could be signed by the owners of the apartment community, and be sent to ProCollect and the CRA's? THANKS A MILLION!!
Original Creditor unable to verify This is never as easy at it seems... It turns out the lady who was so willing to help, turns out to be a "nobody" within the company. When I called back, I was passed on to another lady, who was a little less helpful. Although they are the original creditor, they've only recently purchased the apartment community, and had never heard of the collections company (ProCollect). She said that they couldnt give me any information over the account, or supposed debt, because last month they shredded all records from 2004 and back. My account was from 2001, although the CA reports it as verified in 2/2007. I asked her to send a letter to ProCollect simply stating that they received a dispute and in response, are unable to verify the account, or the debt. She said that she doesnt think they would be able to send any such statement. Basically, she has no idea what to do, so is leaning towards doing nothing. I NEED HELP! 1- Is the new company who bought the apartment community required by law to respond to my dispute. 2- Are they required to send the response the the CA and CRA's 3- What should their statement say?
Then if you demand validation from the CA, they will be unable to provide any. The new owner of the complex has already stated they shredded the old records. (Those records would probably have been of little value to them anyway, since without some continuity in control of them, they couldn't even say whether the seller's records were accurate.) If you already paid it once, you don't owe it again. Any reporting of an amount due is erroneous. Dispute the debt and request validation, in writing, CRRR, and after they receive your letter, dispute the erroneous TL thru CRA. If the CA fails to remove, sue for either erroneous reporting under FCRA, or if you can request validation within 30 day window, collection without validation under FDCPA. If they are not marking the TL as disputed you can add that. You might also request in writing from the complex that they send you confirmation that all accounts were settled between you and them. They might send you a letter confirming that they have no records of it, maybe even no record of you at all, in which case you can use that with either the CA or CRA.
Up until today, I've only disputed directly to the CRA's, but never the OC or CA. The OC doesnt work with the CA, and never has. The CA was hired by the original owners of the apartment complex. Since the TL was reported to the CRA by the CA, the new owners of the complex said that they were unable to give me any response to the dispute I made directly to them today. As I mentioned, last week the new owners shredded all records dating 2005 and back. They are obviously trying to stay out of this, but in my opinion, when they bought the company, they became the original creditor. I'm sure the law has the same opinion. Is there a letter I can send (nutcase?) which will inform them that yes, they are required to attempt to verify the account, and if they are unable to do so, they must demand the CA cease collection attempts, and have all CRA's remove the entire record? I have disputed this TL with the CRA's, and the CA has verified the debt each time. The last debt validation was reported to the CRA's by the CA 2/2007! When the CRA receives a dispute, does the CA attempt to verify with the OC, or do they just look at their own records?
Texas has stronger state validation laws. Basically, if you request validation, they have 30 days to provide it, or they must remove, or they have violated TX consumer protection laws. In addition, to collect in Texas, I believe they must be licensed and bonded. Others have had prompt results when they bring violations to the attention of the CA's bonding company. You might want to call the TX AG's office and discuss the matter, making clear that this was paid over 5 years ago, and that it has only appeared as a collection account on sale of the apartment complex. It may be that the old owner sold all their accounts off to the CA when the complex was sold. They may have sent all renter information regardless of whether debts were outstanding, and this CA is picking thru it either with inaccurate information on actual amounts owed, or possibly they are dunning all accounts regardless of payments, since most renters will have no old records, and some fraction will pay even a paid bill.
ProCollect appears to be based in Dallas TX. BBB report rates them "unsatisfactory", although they do seem to have responded to some complaints. See www.bbb.org
Ontrack Lucky me, I have 2 collections accounts with ProCollect. Can I deal directly with the OC, or must I run this all through Pro-Cons, as Bud calls them Bud Says... A better name would be Pro-Cons as this assorted group of convicts and con-men leave no stone unturned when it comes to lawlessness. This is the wanted poster of debt collectors and should be AVOIDED at all costs. NEVER give them any information on your bank/credit accounts. YOU WILL REGRET IT!!
