goodnplentygirl 0 #1 December 14, 2005 Any advice on what I should do about this?? Carmel Company, based out of Denver, Co owns an apartment complex in San Marcos, Texas called Autumn Chase .I rented an apartment from them from April 2004 to April 2005. Prior to moving in, they had me fill out a "check-in" slip stating the condition of the apartment. There were stains all over the carpet in every room and it smelled, so I notated it on the check-in slip to protect me from getting charged when I moved out. Of course, a month after I moved out I received a letter from Carmel stating that I owed them $260 after my deposit of $150 for replacing the carpet because of stains. I took the letter up to Autumn Chase to get it straightened out. The manager told me that it was probably just a mistake and she would get it straightened out .She told me that she would call me if there were any problems. I did not hear back from her, and assumed that it was resolved. In August I received a phone call from Jeff Johnson of Wakefield & Assoc., a collection agency, stating that Carmel has turned my debt to them, and I owe them $260. Fortunately I have Pre-paid Legal Services through work, and have access to attorneys. So I contacted a lawyer. He first sent a letter to Wakefield requesting that the account be sent back to Carmel so we could deal directly through them. Then he sent a letter to Carmel stating that the debt is invalid, included a copy of the check-in slip where it clearly stated the carpet was stained before I moved in, and demanded they give me my deposit back in the sum of $150. I got no response from either party. I contacted Wakefield Nov. 1st to see if they requested to send the debt back to Carmel. They said they did. So I called Carmel, they said they didn’t and wouldn’t talk to me because once the debt is handed over to collectors, they no longer have anything to do with it. I called Wakefield back and they couldn’t tell me what was going on except that the debt was being reported to the credit bureau. I cannot risk having negativity on my credit report. I spoke to a different person at Wakefield today and he said the only way the debt can be turned back to Carmel is if Carmel actually calls and requests it. So, I decided to call them one last time to see if I could resolve this on my own before seeking further legal action, and the woman who I spoke to told me she didnt know what I was talking about and would contact Wakefield and call me back. When she called back she said the same thing they told me before and that I would have to have my lawyer send a letter requesting Wakefield to send it back to them, which he already did in the first place. So I was confused and I called Wakefield back and the guy laughed and said hes never heard of them ever sending debt back, but suggested that I have my lawyer send another letter requesting it, and he would see what happens and call me back. Well the bitch at Carmel basically told me they didnt want to hear from me again because theres nothing they can do, and I promised her that she WILL hear from me again because they owe me money. So, do I pay the debt to Wakefield and sue Carmel for my deposit and all other damages? Or do I sue Carmel for my deposit and then show the proof of my winnings to Wakefield to show them that the debt is not valid and have them drop everything against me, or else I will sue them too? This has been a 7 month long headache for me. I am sick of dealing with this! Plus, I dont want any negativity on my credit report, and I am trying to buy a new car and I dont want to look bad when I am trying to get good financing. What should I do?? my body, my choice Quote Share this post Link to post Share on other sites
Rebecca 0 #2 December 14, 2005 Too long to read. Use paragraphs and small words. Pictures help. you've got to ask yourself one question: 'Do I feel loquacious?' -- well do you, punk? Quote Share this post Link to post Share on other sites
thepollster 0 #3 December 14, 2005 Quoteblah blah blahFortunately I have Pre-paid Legal Services through workblah blah blah If you read between the lines on what you wrote, you will find your answer. Quote Share this post Link to post Share on other sites
flyinghonu 0 #4 December 14, 2005 FIRST: write a letter to the reporting credit bureau agencies, you can find that on-line (I think there are 3-4 major ones) and state that you are contesting the report to your credit rating as invalid. Provide copies of ALL the letters you sent, your attorney sent, etc. and the check-in list. It wouldn't hurt to have your attorney include another letter confirming that this report on your credit rating is in legal contention right now. By law, the credit agency has to contact the reporting entity (in this case it will be the collection agency) to confirm the validity of the report on your credit rating. If the collection agency does not respond to the inquiry within 30 days, it HAS to be removed from your credit report. But you are the one who will have to track that and ensure that the credit agencies do remove it - if the collection agency doesn't respond. Then contact the collection agency again and ask to speak with a supervisor. Be calm and cool - don't use any foul language (although I KNOW you want to) and explain that you have every intention of working this out but that you are contesting this charge. Explain your previous contact with the rental agency and the representation that was made to you that the matter had been handled. Also explain that this rental agency is now refusing to work with you because the account has been sold to the collection agency. Ask the supervisor how she suggests getting it resolved. FROM THIS POINT FORWARD DOCUMENT ALL CALLS WITH NAME, DATE, TIME, CONTENT OF CONVERSATION, ETC. with anyone you talk with this on the matter, including your attorney. It will help when you are being transferred all around and constantly having to explain the steps you've taken to resolve this. See if the collection agency will help you. Believe it or not, if you are a calm and normal person explaining that you have no intention of not paying anything that you legally owe, they will help you. All they want is to close the account. I've been through this with a credit card company and it was the collection agency that helped me - the credit card company wouldn't do shit for me. Feel free to PM if you hit another wall. "Excuse me while I kiss the sky..." - Jimi Hendrix Quote Share this post Link to post Share on other sites
simplyputsi 0 #5 December 14, 2005 QuoteToo long to read. Use paragraphs and small words. Pictures help. america's youth, what a pitySkymama's #2 stalker - Quote Share this post Link to post Share on other sites
goodnplentygirl 0 #6 December 14, 2005 Quote Quoteblah blah blahFortunately I have Pre-paid Legal Services through workblah blah blah If you read between the lines on what you wrote, you will find your answer. Unfortunately all that covers is a lawyer writing a letter for you. They did that and it didnt work. my body, my choice Quote Share this post Link to post Share on other sites
goodnplentygirl 0 #7 December 14, 2005 QuoteToo long to read. Use paragraphs and small words. Pictures help. I fixed it for you my body, my choice Quote Share this post Link to post Share on other sites
Rebecca 0 #8 December 14, 2005 QuoteQuoteToo long to read. Use paragraphs and small words. Pictures help. america's youth, what a pity Awwww!! You called me young! Thanks!! What's the pity? That I don't care enough to slog through that post to find the point? I have a lot of postwhoring to do - I can't be wasting my time like that on something serious. you've got to ask yourself one question: 'Do I feel loquacious?' -- well do you, punk? Quote Share this post Link to post Share on other sites
Rebecca 0 #9 December 14, 2005 QuoteQuoteToo long to read. Use paragraphs and small words. Pictures help. I fixed it for you Ahhhh, much better. Now I'll read. EDIT: Holy crap! I don't know what you should do, but I would definitely threaten legal action. Bunch of bastards don't even give a crap - bad credit can mess up your life! Did you keep a record of the names of the apartment people you dealt with? you've got to ask yourself one question: 'Do I feel loquacious?' -- well do you, punk? Quote Share this post Link to post Share on other sites
kevlarsxs 0 #10 December 14, 2005 Just tell them that you are shorter than 5'2" ya know a "orthopedically disabled individual" there for you should not have to pay. If it works for not paying sales tax on a new car it should work here also, Right? "GIVE 'EM THE AXE" - LIZZY Quote Share this post Link to post Share on other sites
justinb138 0 #11 December 14, 2005 You might want to contact these people, they might be able to help. www.taa.org Quote Share this post Link to post Share on other sites
simplyputsi 0 #12 December 14, 2005 I assume you are young or you wouldn't have done the ADD thing and asked to have pictures and paragraphs posted. Yes I see you are pwing all over, you need to get to work!!! Productivity is down and the bottom line is shrinking all because of your pwing.Skymama's #2 stalker - Quote Share this post Link to post Share on other sites
Rebecca 0 #13 December 14, 2005 QuoteI assume you are young or you wouldn't have done the ADD thing and asked to have pictures and paragraphs posted. Yes I see you are pwing all over, you need to get to work!!! Productivity is down and the bottom line is shrinking all because of your pwing. Well, you know what happens when you assume. Maybe I'm just ADD. Maybe I speed read in paragraphs. Maybe I was just kidding about the pictures. you've got to ask yourself one question: 'Do I feel loquacious?' -- well do you, punk? Quote Share this post Link to post Share on other sites
goodnplentygirl 0 #14 December 14, 2005 QuoteQuoteFIRST: write a letter to the reporting credit bureau agencies, you can find that on-line (I think there are 3-4 major ones) and state that you are contesting the report to your credit rating as invalid. Provide copies of ALL the letters you sent, your attorney sent, etc. and the check-in list. It wouldn't hurt to have your attorney include another letter confirming that this report on your credit rating is in legal contention right now. By law, the credit agency has to contact the reporting entity (in this case it will be the collection agency) to confirm the validity of the report on your credit rating. If the collection agency does not respond to the inquiry within 30 days, it HAS to be removed from your credit report. But you are the one who will have to track that and ensure that the credit agencies do remove it - if the collection agency doesn't respond The guy at the collection agency said that they filed it to go to the credit bureau on Nov. 7th, but it hasnt officially gone on my credit report yet, but it will very soon he assumes. Should I go ahead and do all this stuff now, that way when the file gets to the credit bureau they already have my dispute? Unfortunately I already ran my free credit report for the year and dont really want to pay to see if it shows up on it now. my body, my choice Quote Share this post Link to post Share on other sites
goodnplentygirl 0 #15 December 14, 2005 QuoteJust tell them that you are shorter than 5'2" ya know a "orthopedically disabled individual" there for you should not have to pay. If it works for not paying sales tax on a new car it should work here also, Right? SHUT UP TTHHHPPPPPP my body, my choice Quote Share this post Link to post Share on other sites
simplyputsi 0 #16 December 14, 2005 You are not young then????? and aren't you supposed to be getting back to work. geesh. oh and on topic, i say you burn the place to the ground!!!!!!Skymama's #2 stalker - Quote Share this post Link to post Share on other sites
Rebecca 0 #17 December 14, 2005 QuoteYou are not young then????? and aren't you supposed to be getting back to work. geesh. oh and on topic, i say you burn the place to the ground!!!!!! Young, but not youth. Work... work... What is this "work" you speak of? you've got to ask yourself one question: 'Do I feel loquacious?' -- well do you, punk? Quote Share this post Link to post Share on other sites
goodnplentygirl 0 #18 December 14, 2005 QuoteYou might want to contact these people, they might be able to help. www.taa.org Thanks, I have also filed a complaint with the federal trade comission. my body, my choice Quote Share this post Link to post Share on other sites
simplyputsi 0 #19 December 14, 2005 work... I dunno.... I think once I worked, but not so much anymore. Wait, that doesn't sound right. I mean I work, and rather well I hope. I will not assume I work well. matches + gas + lease office = problem solved. Burn that mother f@#ker down!!!!!!Skymama's #2 stalker - Quote Share this post Link to post Share on other sites
goodnplentygirl 0 #20 December 14, 2005 QuoteBurn that mother f@#ker down!!!!!! Dont worry, I will.... The only thing is that I am very busy, and I work, and I dont have time to sit on the phone all day long explaining my situation to 100 difference people over and over again. If I have to I will, but I'd like to take action now. I think I am going to call a lawyer and just see if he thinks I have a winning case. If I am going to do this I want someone to tell me that not only will I be able to sue them for the money they owe me, but court costs and lawyer fees as well. I dont want to be out hundreds of dollars just to get my $150 back. But, then again its the principle of things, and I WILL if I have to. my body, my choice Quote Share this post Link to post Share on other sites
simplyputsi 0 #21 December 14, 2005 that's what I like to hear!!!! Get those mothers one way or another!! Skymama's #2 stalker - Quote Share this post Link to post Share on other sites
flyinghonu 0 #22 December 14, 2005 Quote***The guy at the collection agency said that they filed it to go to the credit bureau on Nov. 7th, but it hasnt officially gone on my credit report yet, but it will very soon he assumes. Should I go ahead and do all this stuff now, that way when the file gets to the credit bureau they already have my dispute? Unfortunately I already ran my free credit report for the year and dont really want to pay to see if it shows up on it now. If that's the case, call the collection agency first and speak with the supervisor and request that she at least put the report to the credit agency on hold until the discrepency can be resolved. Surprisingly, most people ignore these credit collection notices and you're willingness to work with them to resolve the issue will stand out from most people they are dealing with (i.e. rude, scamming, irresponsible butt heads). "Excuse me while I kiss the sky..." - Jimi Hendrix Quote Share this post Link to post Share on other sites
cloudseeker2001 0 #23 December 14, 2005 I know it seems odd or maybe even taking a step back, but I would have sent them a check for 260$. It is not worth the time and especially a dig on the credit. I have experinced this sort of thing twice myself. "Some call it heavenly in it's brilliance, others mean and rueful of the western dream" Quote Share this post Link to post Share on other sites
ntrprnr 0 #24 December 14, 2005 File it in small claims court. Chances are, they'll pay you what they owe you because it's easier for them to do that than actually drag their asses to court and deal with it. You'll get what you're owed plus "reasonable" court costs - most likely what you laid out to file the claim in the first place. Disclaimer: I'm not a lawyer. I do talk a lot like a lawyer, but that's only because I'm a publicist. My advice shouldn't be construed as any form of legal advice whatsoever, just my opinion._______________ "Why'd you track away at 7,000 feet?" "Even in freefall, I have commitment issues." Quote Share this post Link to post Share on other sites
Tink1717 2 #25 December 14, 2005 Sue. Period. You have done more than enough to support your claim. They are obviously not interested in correcting the situation. Therefore you should allow the courts to force them to make good.Skydivers don't knock on Death's door. They ring the bell and runaway... It really pisses him off. -The World Famous Tink. (I never heard of you either!!) AA #2069 ASA#33 POPS#8808 Swooo 1717 Quote Share this post Link to post Share on other sites
