Date Received: 2018-03-05
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: DISPUTE Client : XXXX XXXX XXXX XXXX XXXX Client Account Number : XXXX XXXX Account Number : XXXX I, XXXX XXXX XXXX XXXX dispute the {$5000.00} credit lien placed on my credit by XXXX XXXX . In South Carolinas Landlord Tenant laws SECTION 27-40-310 sets forth the terms, conditions of rental agreement and what is to be included in the rental agreement ... Section 27-40-310 ( a ) states a landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties. ( b ) In absence of agreement, the tenant shall pay as rent the fair-market rental value for the use and occupancy of the dwelling unit. ( c ) Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless the tenant is otherwise notified in writing, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day to day. ( d ) Unless the rental agreement fixes a definite term, the tenancy is week to week in case of a roomer who pays weekly rent and in all other cases month to month. In South Carolina the lease or rental agreement should spell out your landlords key rent rules, including : the amount of rent ( there are no limits to how much a landlord can charge in South Carolina since there are no communities with rent control in the state ) where rent is due ( such as by mail to the landlords business address ) when rent is due ( including what happens if the rent due date falls on a weekend date or holiday ) how rent should be paid ( usually check, money order, cash, and/or credit card ) the amount of notice landlords must provide to increase rent the amount of any extra fee if your rent check bounces, and the consequences of paying rent late, including late fees and termination of the tenancy. State laws in South Carolina cover several of these rent-related issues the amount of notice a landlord must provide to increase rent under a month-to-month tenancy, and how much time a tenant has to pay rent or move before a landlord can file for eviction. Rent is legally due on the date specified in your lease or rental agreement ( usually the first of the month ). If you dont pay rent when it is due, the landlord may begin charging you a late fee. South Carolina state law does not cover late rent fees. If your lease or rental agreement does not say anything about late fees, your landlord may not impose one, no matter how reasonable it is. Termination Fee In the two-page leasing agreement provided by XXXX XXXX does not address the amount or calculation of early termination fee. Therefore, in contract law, if it is not specified and agreed upon in the agreement, it isnt binding. There was no agreement on what the early termination fees would be if any there would be any, therefore I am not bonded to the {$3400.00} that was assessed. Even if one argues that a landlord is entitled to damages equal to the amount of the rent payment for the months the unit remains empty before a new tenant moves it ; the area the XXXX XXXX is located is a well sought after area. When we applied, there was a wait list building. There is no documented evidence that it took three ( 3 ) months plus the 30 days we were in the unit to re-rent the property. The ledger indicates that the landlord was given a 30 day notice prior to us moving out. She, in essence, had four ( 4 ) months to get that unit rented. The amount charged is not equal to three months rent. There is no documentation as to how this amount was calculated. Being that the area was well sought after ; the landlord has the obligation to mitigate their damages. There is no evidence that it took three ( 3 ) months plus the 30 days we were in the unit preparing to move with her knowledge of such fact, to rent this unit. For all we know, she could have rented out the unit the very next month and is trying to get double payment a way for her to penalize me as much as she could. She provided no documentation to support the application of this particular fee. There was no mutual agreement concerning early termination fee. There was no meeting of the minds on the calculation of early termination fees ; therefore, those terms are not binding. If there was not an agreed upon calculation or set amount in regards to the early termination fee at the time of contracting the {$3400.00} termination fee is not binding. I am of the opinion that these are not legitimate charges and should be removed. Past Due Late Fees Like the termination fee, I am of the opinion that this fee is not a legitimate charge as well. Although, I dispute the past due late fees are illegitimate charges for different reasons. The lease, in which, you are in possession of set the late fee at {$50.00}, I believe. If the lease was terminated, how could I accumulate additional late fees to the amount of {$290.00}? There is no documented evidence that these fees were owed prior to us moving. My estranged husband was told there was nothing more owed by us. We turned in our keys and left a forwarding address for. Instead of her using the forwarding address provided to her, she mailed it to the unit. Therefore, we were unaware of the charges until XXXX. Had the charges been made known, I would have disputed them in magistrate court. There is no documentation provided to explain how she came to the figure of {$290.00}. I am of the opinion that this charge be removed as well. There is no documented evidence that this owed. The agreed upon amount of late fees was {$50.00} a month. Not a {$100.00} a month. We were only in the unit from XX/XX/XXXX until XX/XX/XXXX. Pet Fee Again, like the rest of the fees above, is this fee in the agreement? Why would she wait until we terminated the leasing agreement to charge a pet fee? Most apartment communities charge a pet fee upfront prior to move in. Is there any documentation that this fee was agreed upon? I am of the opinion that this fee be removed as well. Cleaning Fee The cleaning fee I do not dispute. This fee should have been taken from the {$200.00} deposit that was withheld and not returned. I am of the opinion that this charge is legitimate but should have been satisfied by the security deposit with {$80.00} remaining. Past due rent I do not dispute the past due rent of {$1000.00}. I am willing to settle the debt for 60 % of the amount owed as it is the custom all other collection agencies. Credit collection agencies have the authority/power to settle the debt for a lesser amount owed. This is something within their discretion to do. With the {$80.00} remaining from the {$200.00} security deposit after the cleaning fee was deducted, the balance owed should be {$940.00}. And to satisfy this amount for 60 % of the debt would be {$560.00}. That amount could be split into payments over the next six ( 6 ) months for the amount of {$94.00} a month. In conclusion, the fees XXXX XXXX is attempting to assess were not itemized in the leasing agreement. Furthermore, when I spoke to XXXX XXXX, they deny having any record of me owing them. I have asked the credit company for the paperwork provided to them that would have authorized them putting this amount on my credit and they could not produce the documentation. I do appreciate you taking the time to review my dispute. Again, thank you. Sincerely, XXXX XXXX XXXX
Company Response:
State: SC
Zip: 29229
Submitted Via: Web
Date Sent: 2018-03-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-05
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: in XX/XX/XXXX i wrote to all three credit burueas and explained that national credit systems was responsible to report 100 % accuatre information to the credit aggancys and the did not so XXXX removed it XXXX and XXXX have not so i sent and email to XXXX XXXX XXXX to see if they would remove the inaccurate amount i was told they had 30 days but it is well over the 30 days account number XXXX and i did not have a written contract with this company
Company Response:
State: FL
Zip: 32773
Submitted Via: Web
Date Sent: 2018-03-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-03-03
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: On XX/XX/XXXX I had filed a written dispute againist the XXXX XXXX XXXX which has a negative remark on my credit in the amonut of {$360.00}. Along with this written dispute I also mail out the same copies to all 3 credit bureaus. I have yet to receive proof nor evidence that I m the owner of this debt and the 3 bureau 's have still let this remain on my credit. I had went to visited the last known address that I knew of the original creditor and they are under new management, and had no such evidence that I ever owed them any money. I then went to call the 2nd party debt collector on XX/XX/XXXX, National Credit, and they stated to me that they had no way of contacting the original creditors. I then ask who can I speak with to resolve this issue they stated to me that I had to proof that I didn't owe the debt. At this point I feel that this is not fair to me to have to pay {$360.00} for something that I don't owe. Along I will provide evidence that I don't owe any debts. Pay close attention to the dates please. Every signature is indeed my actual signature, all the places that my signature is the only documents that I have ever acknowledged.
Company Response:
State: IN
Zip: 46229
Submitted Via: Web
Date Sent: 2018-03-03
Company Response to Consumer: Closed with explanation
Timely Response: No
Consumer Disputed: N/A
Date Received: 2018-03-02
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: On XX/XX/XXXX, I sent a certified letters to National Credit Systems , Inc asking them for debt validation of the account as I never received any bills prior to the debt hitting my credit report. The alleged debt is a sum of {$2900.00}. I received a letter back on XX/XX/XXXX stating they had attached verification of the debt they obtained from the service provider. The document provided included two full pages asking for payment but no details of the alleged account. Under the FCRA 15 U.S.C. Section 1681i any unverified accounts must be deleted promptly, they where not able to provide me with the proof or validation of debt.
Company Response:
State: TX
Zip: 77020
Submitted Via: Web
Date Sent: 2018-03-02
Company Response to Consumer: Closed with explanation
Timely Response: No
Consumer Disputed: N/A
Date Received: 2018-02-28
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I received a letter from national credit systems inc out of XXXX, ga for a debt which I was unaware of. Its says I can resolve the matter for {$510.00} if paid by XX/XX/XXXX. Today is XX/XX/XXXX so I called. I asked the rep how fast this could be deleted from my credit report. She informed me I had to pay an additional XXXX on top of the XXXX they offered me. This violates FCRA. The rep then threatened that u wouldnt be able to move or get a job if I didnt pay. I asked for a supervisor and was hung up on. Since I was unaware of this debt I looked into my records and this was paid to XXXX XXXX XXXX years ago. They are preventing me from being able to get a house by falsely reporting this debt to my credit then trying to hold my credit XXXX by charging me an additional XXXX $ to have it removed as I dont even owe the money. Consumers should be protected from these bully tactics. My rights under FDCPA and FCRA have been violated the CFB should protect us from these types of places. I want this tradeline removed immediately before I pursue legal action. I have the recording of this call but the file is to large to attach but I can get it to you guys as proof of all this
Company Response:
State: MN
Zip: 55369
Submitted Via: Web
Date Sent: 2018-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-28
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: At the beginning of XX/XX/XXXX, I sent XXXX a dispute letter for an apartment complex ( National Credit Systems/ XXXX XXXX ) that is trying to charge me a little over {$4000.00} and it being on my credit. The letter asked XXXX to validate the debt. I asked them to validate the debt because there is no contract with that apartment complex because it is void. It is void because a landlord tenant law was broken, which was they never identified the dwelling unit on the lease. As well, I asked them to validate the debt of ( XXXX XXXX XXXX/ XXXX XXXX XXXX XXXX ), which is a little over {$4000.00} reporting on my credit. When I received a response back by letter from XXXX, at the end of XX/XX/XXXX, they write that the debt was validated for National Credit Systems and XXXX XXXX XXXX. The problem with this is they never sent me physical proof of their validation. So, XX/XX/XXXX I sent this letter to XXXX : XXXX, I am making a final good will attempt to have you clear up this matter. The accounts you sent back verified are entirely inaccurate, incomplete, and represent a very serious error in your reporting. Also be advised that this is my second time contacting your company about this matter in writing. Your company is in violation of 15 U.S.C. 1681. No need for me to go into detail and tell you the law. Your company KNOWS for a fact that you are required under the FCRA to have properly verified the accuracy of an account listed on my credit report with physical documents. As I am sure that you are well aware, current Federal case law states that, Consumer Reporting Agencies bear grave responsibilities to ensure the accuracy of the accounts they report on and their responsibility must consist of something more than merely parroting information received from other sources. That basically means that you cant just verify my account by telling me it is verified. Nor can you verify my account by telling me you contacted the creditor and the account I disputed is Verified. This means that IF you cant send me proof of these accounts from YOUR COMPANY, it must come off. All in all, you have ignored my request to provide me with the documents that you have in your files that were used to verify the disputed accounts, which means that you have NOT verified or you can not verify any of these accounts and under Section 611 ( 5 ) ( A ) of the FCRA you are required to ... promptly delete all information which can not be verified. This law is as clear as daylight, as to the civil liability and the remedy available to me for negligent noncompliance ( Section 617 ) if you fail to comply with this Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. I demand the following accounts be verified or deleted immediately : Account name : National Credit Systems. Reason : You failed to verify and validate all data for this account, every notation, dates and balances. This account needs to be removed IMMEDIATELY via FCRA section 611. Account name : XXXX XXXX XXXX. Reason : You failed to verify and validate all data for this account, every notation, dates and balances. This account needs to be removed IMMEDIATELY via FCRA section 611. I have attached the following to this detailed dispute! The following landlord tenant acts have been violated. Below are the following : XXXX. Disclosure and tender of written rental agreement : The XXXX has failed to identify the dwelling unit on initial contract. Therefore, it is void. XXXX. C. With respect to tenants who first occupy the premises or enter into a new written rental agreement after XX/XX/XXXX, upon move in a landlord shall furnish the tenant with a signed copy of the lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection. Upon request by the tenant, the landlord shall notify the tenant when the landlord 's move-out inspection will occur. If the tenant is being evicted for a material and irreparable breach and the landlord has reasonable cause to fear violence or intimidation on the part of the tenant, the landlord has no obligation to conduct a joint move-out inspection with the tenant. If your company, XXXX, fails to comply with federal regulations by credit reporting agencies, you will be required to appear in a court venue local to me, in order to formally defend yourself. I will also have your company investigated by the Federal Trade Commission ( see 15 USC 41, et seq. ). I am also maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and the Attorney Generals office, should you continue in your non-compliance. I further remind you that, as in XXXX v. XXXX XXXX XXXX No. XXXX ( XXXX. XX/XX/XXXX ), you may be liable for your willful non-compliance. This is not legal advice. I do not offer legal advice. If you need legal advice seek yourself an attorney or counsel. Please be advised, the information I am about to share with you is for educational, informational and entertainment purposes only. Failure to respond satisfactorily within 30 days of receipt of this certified letter will result in a small claims action against your company. I will be seeking {$5000.00} in damages for : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violation of the Fair Credit Reporting Act By provisions of the Fair Credit Reporting Act, I demand that these items be investigated and removed from my credit report IMMEDIATELY. It is my understanding that you will recheck these items with the creditor who posted them. Please send an updated copy of my report to the above address. Sincerely, XXXX XXXX After sending this letter XX/XX/XXXX I have never got a response.
Company Response:
State: AZ
Zip: 85044
Submitted Via: Web
Date Sent: 2018-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-27
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: I recently found out I was sued by an old apartment company I used to rent from and this debt is now in collections. I looked up the court records and I was never served by this company nor the debt collector they hired nor the attorney 's office whom handled the lawsuit. Now this company is attempting to collect an amount even after the debt is older than seven years due to a fraudulently obtained judgement. This is tremendously unfair and abusive debt collection practices. I have tried to reason with them and they will not cooperate or help.
Company Response:
State: CA
Zip: 93311
Submitted Via: Web
Date Sent: 2018-02-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-26
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: National Credit Systems is refusing to remove a debt of {$180.00} from my credit report. They have been informed by XXXX XXXX the original debt holder that the debt was assigned to me in error. However, National Credit refuses to remove the debt or send me a letter acknowledging the company is removing the debt. XXXX has continued to send me letters about a debt of {$130.00} that has been removed from my credit report. Please compel National Credit Systems to READ this complaint and review the attachment and send me written notification that the company is removing the {$180.00}.
Company Response:
State: GA
Zip: 30067
Submitted Via: Web
Date Sent: 2018-02-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-02-24
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Company placed trade lines of {$3600.00} and {$130.00}, i have requested proof of debt and company has procrastinated with a request of an account number, which I do not have because it is not my debt.
Company Response:
State: FL
Zip: 34953
Submitted Via: Web
Date Sent: 2018-02-24
Company Response to Consumer: Closed with explanation
Timely Response: No
Consumer Disputed: N/A
Date Received: 2018-02-23
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: said that I owe about XXXX but they will resolve my debt for XXXX I asked for a letter stating our agreement before I pay and they said that is not possible I have to take her word and all calls are recorded and she can not send out emails there is one person that sends out emails and that s after you have paid I will not pay a single XXXX until I have it in writing that I owe this money and where it is going to
Company Response:
State: TX
Zip: 77044
Submitted Via: Web
Date Sent: 2018-02-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A