Received dv letter but info not correct

[KKDEHAAN]

I recently sent out a few debt validation letters and have gotten back the first one. The problem is the amount they are trying to collect is definately incorrect. The original creditor was an apartment complex where I used to live. (Not sure if this is relevant or not but I don't believe the collection agency bought the debt, because thier response refers to the original creditor as their "client".)

Basically they provided me with a statement of sorts, outlining the total amount due and the different charges that make up the total amount. The problem is, in my opinion, these charges are not all correct or valid. For example, they are charging me for rent for the month of Jan 2008, when I had completely vacated the apartment in Dec 2007. I have contacted my local electric company, whom I had an account with while I lived there, and they are mailing me a copy of my final bill, showing that the electrical service stopped on Dec 26 of 2007. This is proof that I actually did move out in December, who would live somewhere without power??? There are other discrepancies as well, for example, a charge of $300 for "carpet pet damage". I did have a small dog while living in the apartment, but in my opinion, the carpet was not damaged at all by my pet or myself, more than what would be considered normal wear and tear. Can I demand that they provide proof that there was pet damage to the carpet, to validate this charge, or am I pretty much stuck owing them these things??

I fully intend to pay the VALID parts of the balance on this account but I am wondering what my rights are in regard to disputing the amount being collected and what burden of proof the collections agency is responsible for in proving the amount they are trying to collect. Any help or suggestions in this matter are greatly appreciated!!

[Trish]

Hi KKDEHAAN. Welcome

Did the CA provide this "list of charges" from the OC/apt complex? or was it just a print out from the CA?

That's good that you got the final bill from the utility company. That may help offer some proof.
Have you by chance tried talking to the apt complex? Did they do a walk through with you in the end before you left? I know some are required to do this..
I would see about talking to the complex and finding out WHY you are being charged for the Jan rent and damages that never occurred.
Also if the CA only provided a printout (and nothing directly from the OC), you should send them a DV2 letter letting them know that's not good enough....and to try again.

HTH...
Keep us posted.... and let me know if you have any more questions.

[Scorepro]

I think your contract and/or state laws can answer many of your questions. For example, did you break your lease or was your lease over at the end of Dec 2007? If not, the extra month charge could be for the remaining term on ur lease or, in the event ur lease didn't expire until past jan 2008, a lot of times leases allow for landlords to charge for anytime it went unrented while they looked for a new tenant ( in cases where u broke ur lease). So, check what the default clause of ur lease says.

As far as the pet damage, didn't u have a security deposit and if so, why wasn't it taken out of there? If u didn't have a security deposit and no walk thru, I would demand strict proof that u infact caused any damage and proof that $300 was spent correcting the damage (ie landlords receipts for work performed).

[KKDEHAAN]

TRISH: Thanks for the advice. I believe the print out the CA provided was from the apt complex, as it is a detailed list of all charges. I think what am going to do is send a dispute letter, arguing that the amount they are trying to collect is inacurate, and provide the proof that I moved out in December and go from there. If, as Scorepro mentioned, they are legally able to charge me rent until they re-rented the apt I would guess they would respond with that information, as the lease was broken, and didn't technically end until later in 2008. I guess it won't hurt to try!

SCOREPRO: In regard to the security deposit/pet damage issue, there was a security deposit of $400 and an additional deposit for the pet of $200. They actually, in the detailed list of charges, credited me for both of these ($600) but then charged back $300 for the pet carpet damage. Since the lease was broken, and I contacted the office by phone when I moved out, but didn't do a walk thru I wonder if I can ask them to provide proof of the carpet damage? Also, I would think that since the pet deposit was $200 they should only be charging back $200 for pet damage? As I mentioned earlier I think I will just write a dispute letter for the amount being incorrect and provide the proof I moved out earlier and see what happens. Thank you for your input, I didn't even think about the terms of the lease, and if broken they may be able to charge until re-rented. I checked online for the laws in my state without much luck, but I would assume if the law states they can charge rent until the apt is re-rented they will respond to my dispute with that information?

I have another question as well. I received back a 2nd "validation" today, but I don't think its acceptable as a response or validation of the debt. It simply states this: As of the date of this communication, you owe (amount) on account number (####) which is now owned by (name of CA). Should you desire to pay off the account in full, you should contact us at (ph #) to determine payoff balance.

Aren't they supposed to provide me:
The contract between them and the original creditor, the contract between ME and the original creditor, as well as a payment history or list of charges to prove the amount they are trying to collect is valid???

All I received was a generic cover letter, a privacy statement, and a page with the note on it listed above. In this situation I should use the DV2 letter Trish provided and demand more, complete information, correct??

Thanks again for the help, much appreciated!!!! :-)

[Scorepro]

They said something very key in that validation response which is that which is that they own they OWN the debt. So....make them prove they own it!!! Don't just take that sorry ads response as their proof. Make them show you the papers showing they were assigned the debt by the OC. Not to mention original paperwork showing u owed it to the OC.

As for the security deposit issue, what state do u live in? In my state, before they take your security deposit to pay for damage, they have to send u a notice telling u they r going to do so and u have an opportunity to appeal that. However, again, the lease dominates here. Your lease coul say otherwise and/or ur state may not have similar laws.