Re: Re: Validation in 4 days??? TN SOS Home Page: http://www.state.tn.us/sos/soshmpg.htm SOS Contact Info: http://www.state.tn.us/sos/phone.htm So, just a little home work Monday will reveal your strategy for dealing with this.
Re: Re: Validation in 4 days??? Yes Knox, You appear to have searched correctly and at the right place. But do call them Monday just to be sure. Then we'll develop a strategy. EDIT: Oh I didn't see this: State of Tennessee Department of Commerce and Insurance Collection Service Board 500 James Robertson Parkway Nashville, Tennessee 37243 Tel: 615-741-1741 OK?
Re: Re: Validation in 4 days??? a monkey wrench..reciprocity..how do I find out if tn and fl work together on this matter...
Re: Re: Validation in 4 days??? KnoxPK, no offense 1*I think if you owe them money, you should pay them. 2*I think what you are entitled to argue with them about is the exact $ you owe them. 3**Based on what you said about your contract, you can tell them you owe them $1,500 and that's it. 4*As far as not paying them because they cannot prove you received the "papers", I won't hold my breath if I were you. gc ================= 1*thats not been established yet. 2*What he is entitled to is full complete accurate validation. 3*That sure would be a stupid move on his part! 4*It's not the papers it the validation that matters.
Ugh! I know everyone is trying to be helpful. However this question is more about validation and less about the ethics of me not paying. Basically this is the question..The CA has 30 days to validate this is MY account. They have failed to do so but its only day 4 in the validation process. I am satisfied that this will be the only attempt they make in this 30 days. I have also disputed this account with the CRA's I am certain based on their response that they will "verify" this account. I will have them for 1 violation then........I am also going to find out if they are even licensed and bonded in my state to collect(the debt was incurred in Florida I live now in TN) if they are not that's 2 violations.. I will have some leverage. I am past the SOL they will not be able to sue me for anything. 1* What I am wondering is do I attack now or do I wait for the 30 days to expire as for doing what's right..this apartment complex was bottom of the barrel. They didn't do maintenance when needed, they cared less about requests we had concerning certain neighbors and top that off with the CA listing the account with a balance date a year and a half AFTER I defaulted! They don't care to much about ethics can prolly 2* wait out the 2 years left for it to report but if they cannot PROPERLY validate why should I? Don't want to sound like a Newbie Jerk but please someone help.. Than ksknoxPK =================== 1*Give them the full 30 days 2* no reason to do that. >> The END ************************* LB 59
1* but I think the copy of your lease and lease renewal (especially if you signed it) is a good enough validation. 2*The experts on this forum might disagree with me though. But that's just what I think. 3*if you disagree that that's enough validation I think you should wait until the 30 days is up. 4*f you attack now, they will still have 3 weeks to come up with whatever document needed to prove you owe them the money. 5*If you wait until the 30 days is up, then their time is.... UP... gc >> ================== 1*Where is the complete account history showing all the credits and payments. so it is any thing but validation. 2*I don't agree with you. 3*I know he should wait out the 30 days wither or not he agrees with what they sent. 4* ~ 99 % of the time a CA is unable to validate within any time so that is not why you wait till the 30 days are up. 5*No he waits 30 days because that is what the Validation letter gives the CA. The END ~~~~~ ~~~~~ LB 59
lbrown, thanks for the replies. My intention is to do just what you said here..(as well as butch) I will wait for the 30days to expire..Hey its only fair..i owe them THAT much..LOL...At that point I will send the request to delete the entry.. Question, Obviously THEY will believe they have validated properly is there any variations to the letters I should send them? They also will most likely "verify" the account w/the CRA..is this a violation? If so do I tip my hand or save it for court if needed? Lastly, when I send the 15 day later to delete(or have deleted) is there any legal language I can use(and be correct) that keeps the CA from sending the debt back to teh OC or another CA? Thanks again. Pk
Maybe I missed it but what exactly did you ask for in the form of validation? Did you give them a list of things to provide you? Maybe my question seems irrelevant but I see so many posts where people say they didn't get adequate validation and I have to wonder what exactly was requested from the CA or OC in the validation letter. Also, I'm wondering about the 30 days you are referring to. I know some say that the CA/OC has 30 days to validate but I can never find this in writing. I know it's required per the FCRA when disputing with the CRA, but like I said I can never find the 30 day requirement for the CA/OC. Not meaning to be picky...I'm still new here and still grappling with the basics HEY BUTCH?!......Need someone to come and dig you out of this snow...LOL...Can you believe it?!
I asked for an account summary, signed contract and then some "fluff"..They gave me a copy of a signed contract (with my name)and some other info like repairs(that I cant read)..and some legal mumbo jumbo concerning amounts owed in my BROTHERS name...
Re: Re: Validation in 4 days??? Couple of points here. (1) You have no right to complain about their maintenance of the premises. If you didn't like it you had the option to move out using that as your reason for doing so. Tenants basically have few rights compared to those given to landlords. Pretty one sided to say the least in most states. (2)Consumers have no right of action against a collector for failure to comply with state license requirements. If they fail to comply with state requirements it is the state who is injured and it is only the state who has the standing to bring action. So while it could be very handy information to have at one's fingertips in case one is sued, there is no other practical application for such knowledge. So save that for the eventuality that they sue you and then bring it up to the judge. That will get you a lot more mileage than anything you might do with the info prior to being sued. As far as their getting their version of validation to you in 4 days goes, that doesn't seem strange either. What it tells me is that they turn that information over to the collector at the time they assign the debt so the collector had it right at his fingertips. Thats the common sense answer to that question whether it is true or not. Yes, I would definitely wait the full 30 days before taking any further action.
Re: Re: Validation in 4 days??? Hey never mind about my thread recommendation. I just remembered you participated. lol
Re: Re: Validation in 4 days??? I asked for an account summary, signed contract and then some "fluff".. knoxPK ======================= Why did you ask for what you don't want? The END ************************* LB 59
Re: Re: Validation in 4 days??? Elementary brown. elementary. Old enough to know better and too young to resist???
Re: Re: Validation in 4 days??? "Couple of points here. (1) You have no right to complain about their maintenance of the premises. If you didn't like it you had the option to move out using that as your reason for doing so. Tenants basically have few rights compared to those given to landlords. Pretty one sided to say the least in most states." Actually, you DO have the right to complain - and withhold rent in a separate escrow account - for major non-maintenance issues in most any state I can think of - such as "we have had no hot water for a month" or similar. Just bitching about how crappy the place was after you have defaulted or been evicted tends to smack more of sour grapes than a definable problem that required lease termination as the "answer." That said, if and when you ever get to the point of trying to get the final answer on what may be owed to this rental agency your point that you can be held to the unfulfilled term of the lease up to the point they re-rented is valid. They MUST have made a definite and real attempt to re-rent your apartment. Make them prove this to you. They can't simply sit there and let your unexpired lease tick out while they bill you monthly. They have to TRY and rent it. Finally, with that in mind I do find that tenants tend tot hink that if they move out on say, January 15 (with no notice) they are fine and hey, why didn't the LL rent it for February - they were gone, not their fault. Forgetting that there is generally a one-month lead time on a rental except in the tightest markets for advertising, cleaning, etc. So ... you can't be sure your agency did rent your apartment "the very next month" but they should have been trying fairly shortly after you left.
Re: Re: Validation in 4 days??? Your answer is quite correct of course. It is fully applicable in multiple family dwellings but may not be true in single family dwellings. At the time when the majority of states were considering model landlord tenant acts there were two models presented to the states by the Council on State legislatures which is the Federal level agency that usually brings out model legislation packages proposed by the federal government although sometimes it is the Council of State Governors and sometimes both. And both have websites on which these packages are discussed at great length. So when the two proposals were presented to the states for their legislative consideration and passage some adopted one of the models and some the other making for some differences in state laws. In answering some posts we often have a tendency to think in terms of our individual circumstances and experiences so while I answered from the standpoint of someone who has almost always rented single family dwelleings this poster was asking about problems dealing with multifamily dwellings.
Re: Re: Validation in 4 days??? 1*? Did you give them a list of things to provide you? 2*I see so many posts where people say they didn't get adequate validation and I have to wonder what exactly was requested from the CA or OC in the validation letter. 3*like I said I can never find the 30 day requirement for the CA kathycmh ================ 1*Don't help them pin it on you by giving them a list and instructions on how to nail you! 2* Which is exactly what you want to happen. Read the Validation letter in the letters section.It's all there. 3* The requirement is they have until you file suit.The END ************************* LB 59
