today I received a validation fron the CA that wants me to pay a debt of $3,432.09 in response to the 30day validation letter that I had gotten of this site and sent to them, It included the following: 1) a cover letter stating "Enclosed you will find copies requested . If you have any questions please contact this office immediately. We extend this opportunity to settle this debt in a friendly mannor. You may send your payment in full to (CA name)or or call (xxx) xxx-xxxx at once. " 2.) a copy of a collection form sent to them from to OC ,listing me as primary renter and ex as co-renter 3.) a computer print out of what I think is a payment ledger...that doesn't even have my name on it ,it only has my ex's name on it. 4.) a copy of the rental lease now I'm wondering are these documents valid proof of a debt owed, or should I send that same validation letter to TRU to see what they have to say along with proof of me living at a totaly different address during the time these charges occured
No they do not appear to be valid proof. Your name appears nowhere, and it sounds like they have provided nothing that would be considered proof of the debt. Send Estoppel to the CA and send dispute the listing with the CRA. This will build violations as well as possibly delete the listing. -Peace, Dave
Credit HA, What document do they have that contains YOUR signature? Is every single transaction that ever occured listed in the computer printout? It must include the original debt, interest, fees, credits and debits, dates etc. How old is this debt? Please Advise,
This debt was placed on my TRU on 8/98...and the only thing that has my signature is the lease that i was on ,but i had left when the lease expired and my ex stayed on a month to month with the complex. You can check my other post for the boring details And as far as this print out ,all it explains is the rent that was paid throughout the lease term,with the month to month fee and damages, but no interest charges ,at the top of the print out it does say account ledger...if that means anything, heck i never even received a bill on this matter.
Dear Credit, Well they appear to have a pretty healthy amount of evidence that the debt is yours. You may need to negotiate a settlement with them. When a debt is as old as this it's worth less than 10% of the original amount, according to statistics. From where I'm at right now you may not be able to avoid it altogether but you should be able to reach an agreeable settlement. At this point you may start contemplating a 10% settlement offer. They will come back with ... maybe 70% and you meet in the middle. Including complete deletion of course. During this validation process have they broken any laws? If they did you have a seperate cause of action that could be used as leverage. I'm currently working a case where everything they have done so far is PERFECT. There are absolutely no mistakes in their reporting and they have the case nailed dead to rights. Makes it tuff - lol. Contrary to what some think there can come a time where the preponderence of eveidence is against you and you may have to settle. Give this thread a little time while some of the others have had a chance to ponder your case. Sorry I couldn't be more encouraging.
I disagree. They did NOT provide adequate validation. The lease they sent him as evidence had expired when he left, and his Ex remained...she then would be responsible for the month to month agreement, not CreditHa. I would send Estoppel and inform them that if they continue to report this listing you will sue. CreditHA, do you have records of paying another landlord during the time they claim you lived there? If so, I would have no problems of getting tough and taking them to court for violating the FDCPA by failing to properly validate and continued collection activity. -Peace, Dave
In a rental agreement leases run from month to month AFTER the first year has elapsed. While the apt is occupied the rent is still due until EVERYONE moves out. Just because the first year had elapsed doesn't mean there is no liability. I gathered that girl friend (GF) stayed in the apt even tho CHA moved out. CHA said: "and the only thing that has my signature is the lease that i was on, but i had left when the lease expired and my ex stayed on a month to month with the complex." If he just left the property without informing the lease office that he was leaving then he may be liable. And it sounds like that's what he did do. Otherwise the lease office probably would have had the GF sign a new lease. Well lets suppose, hypothetically, that I pretended to move into a place with a girl and I signed the lease as the primary renter and the grl friend as the co renter. All is well and on the 13th month of the one year lease, (now expired) the GF stops paying rent. Who do you think they will come after? Even tho I actually NEVER even lived there. Unfortunately there is a joint and several iability on these leases which means that BOTH parties are jointly responsible for the entire amount. Believe me I HOPE I'm wrong. BTW Davetser I noticed a bit of frustration in your voice. After thinking about why, I should point out that my comment about "contarary to what some think" was NOT directed at you. Sorry I didn't make that very clear.
so your saying that even if I had gave them notice that i'm still responsible for these debts ......even though the OC doesnt have any records on this matter,they all have been destoyed when they sold the property to new managment
I have seen a couple simular cases on TV. you have to have some type of documentation proving that they knew you were not there. if u sent it certified or RR, then u should be ok
I was in a similar situation to this. Giving them verbal notice as I'm sure you are aware, doesn't and won't hold up anywhere. You could have very well told the property manager who told you they would make note of it, and as soon as you left forgotten about the whole convo. Sometime later that manager is gone and the new manager has nothing to go on, but the documents in that filing cabinet. In my situation in order to get my roommate out and release him from the terms of the agreement I demanded he go with me to a Notary Public and remove himself of anything having to do with the property. We both retained copies and I took it to the lessor. It was 'filed'..but approx a year later when it was time for my 'Anniversary', both our names were still on the lease. This of course didn't bother me, because I still lived there - however it wasn't fair to the other guy that moved. After going to the office I found the paper still on file, just no one had updated the system. Sadly...the system to this day hasn't been updated. But I retain all my original documents in case there is ever a 'todo' about it. So I guess everyone wants to know...what precautionary steps did you take to make sure when you moved you had NOTHING else to do with the place? (other than 'tell' someone that is)
well the lady that i had rented a room from when i had moved out said she'll help me out but she needs to search for the lease we had signed,i even have a letter from the power company stating when service was disconnected in my name
Something like moving truck receipt, phone at another location in your name, cashed money order or cancelled check from other landlord. You should have enough to prove that u vacated.
Any bill from one or two months after you moved...magazines with "NEW" address from that time period...a letter from any business with your name and "NEW" address...credit report "ADDRESS ON REPORT SINCE XX/XX"...
