Old bill - from apartment complex - collection agency

[Longboysfan]

I left an apartment about a year ago - bought house.
Before I left I went and asked two different women in the office this question.
"I have some stains on the carpet. Does the cleaning service you provide cover the stain removal?'
Both said yes no problem. I paid the extra cost of the cleaning.
I get a bill from them about 2 months after I left saying I owed for stain removal of carpet.
Now this is not not good carpet to start with. Lowest level carpet they can get away with.
So I called office and thought it was resolved. Well they kept my security deposit. Never contacted me.
And now sent the excess minus my deposit to collection.
Anyone know what steps I could take to rectify this - other than pay them?

 

[trickblue]

Probably nothing really...

The dirty little secret is that most every decent apartment complex lets the new tenant pick new carpet color...

 

[Longboysfan]

Probably nothing really...

The dirty little secret is that most every decent apartment complex lets the new tenant pick new carpet color...

So I'm stuck in collection then?

 

[trickblue]

Likely... but you can bully those collection companies around. They purchase the debt at a loss from the original creditor and if you don't pay they are out whatever they spent for it. Tell them you won't pay unless the ding on your credit is completely removed from all three credit reporting agencies. GET THIS IN WRITING BEFORE YOU PAY...

 

[trickblue]

Oh... and tell them you don't want it reported as "Settled"... you want it removed...

http://www.nolo.com/legal-encyclope...tive-information-from-your-credit-report.html

 

[gmoney112]

This happened to me too, over 50$. I gave them all my contact/forwarding information, don't hear a peep. 3 years later I check my credit report and a 50$ bill is in collections. Pretty ridiculous.

Trickblue is right. If you want it off you need to get a "pay for delete" in writing.They'd never respond to me and I was tired of getting the runaround so I eventually just outsourced the legwork.

 

[Idgit]

From my experience, collections agents don't buy the debt, but they collect on behalf of the debt holder on a commission-only basis. You need to dispute the basis for the debt in some way that's plausible under the terms of your original agreement to make it obvious that you have a position that could possibly hold up in the event of a potential arbitration or court case, and then you can negotiate it down form there for pennies on the dollar if you care to. Aim for 25%-33% of the balance.

If they think you have no recourse, they'll pursue it regardless. Really, all they're doing is shaking you down to see if you cough up anything, but if you don't reply to it, they will typically ding your credit for you in the process.

Many collections agencies don't actually even have the facility to pursue a collection in the courts. They are just third parties with an escalating set of letters who will push a bill to the point of damaging your credit. But they don't take the gigs on spec unless they think they have you dead to rights.

Depending on the amount though, it sounds like something you just pay to make it go away. And then make a point of doing what you can to pay them back at least twofold. Did they pay you interest on your deposit? Was the building 100% to code? Any evidence of discrimination or unfair renting practices? Do they rely on any social media for new tenants? You know, stuff like that.

 

[JohnnyHopkins]

My wife has had her current number for five years and still gets collection calls for a Wilber Montgomery. So, if you use Wilber's approach, you can just ignore your debts, turn you phone off and get on with your life.

 

[Longboysfan]

From my experience, collections agents don't buy the debt, but they collect on behalf of the debt holder on a commission-only basis. You need to dispute the basis for the debt in some way that's plausible under the terms of your original agreement to make it obvious that you have a position that could possibly hold up in the event of a potential arbitration or court case, and then you can negotiate it down form there for pennies on the dollar if you care to. Aim for 25%-33% of the balance.

If they think you have no recourse, they'll pursue it regardless. Really, all they're doing is shaking you down to see if you cough up anything, but if you don't reply to it, they will typically ding your credit for you in the process.

Many collections agencies don't actually even have the facility to pursue a collection in the courts. They are just third parties with an escalating set of letters who will push a bill to the point of damaging your credit. But they don't take the gigs on spec unless they think they have you dead to rights.

Depending on the amount though, it sounds like something you just pay to make it go away. And then make a point of doing what you can to pay them back at least twofold. Did they pay you interest on your deposit? Was the building 100% to code? Any evidence of discrimination or unfair renting practices? Do they rely on any social media for new tenants? You know, stuff like that.

Building may have been to code.
But the major reason to leave Service were not up to any acceptable level.
Just the top 5 outside apartment.
Dog dropping everywhere on the lawns.
Hot tub - just hot water no jets on even after multiple times requested it. I think they have since filled it in.
Laundry room smelled. And floor was not clean.
Pool has black ring around it the whole time I was there. A lighting fixture was barely in place underwater. half the year the skimmers were clogged with flowers leaves from terrs next to pool.
Workout room always had machines that did not work. TV did not work. You had to go into office to get remote and office closed at 6.
Indide the apartment:
Walls were a bit thin.
Heating the place was very costly. And this was a 1 bedroom. I pay less now for 1600 SQ Ft. home.
A/C would only throw cool air. The units were old and over used.
You were stuck with Charter for TV and Internet in paying monthly charge.
Neighbors.... Mostly young kids or couples. Sometimes my apartment would bounce.
Complained - nothing done.
Asked them to forward mail nothing sent. This is also a post office issue and both were bad in this regard.

Yes. The worst is my credit rating.
I can pay them no problem but it's the principal.
Maybe better to put the town on them to fine them.

 

[LittleBoyBlue]

Likely... but you can bully those collection companies around. They purchase the debt at a loss from the original creditor and if you don't pay they are out whatever they spent for it. Tell them you won't pay unless the ding on your credit is completely removed from all three credit reporting agencies. GET THIS IN WRITING BEFORE YOU PAY...

Oh... and tell them you don't want it reported as "Settled"... you want it removed...

http://www.nolo.com/legal-encyclope...tive-information-from-your-credit-report.html

Here's the thing, I know all about this racket. I actually won my case in court.

The problem here is.

If it has gone into collections and is on your credit report. No debt collector/lawyer will do that for you. Send it in as "settled". If they tell you they will. Ask for it in writing before you pay.

If it has gone into collections but not on credit report, then you pay it and you make sure a lawyer gets a letter stating it is settled with prejudice. Very important.

"With prejudice" they cannot come after you again. They are not a Lot to pass it off to another debt collector. THEY WILL DO THAT.

"Without prejudice" - they or other debt collector keep coming and calling... Forever?

So I'm stuck in collection then?

I can tell you more... But start there.

 

[Idgit]

Building may have been to code.
But the major reason to leave Service were not up to any acceptable level.
Just the top 5 outside apartment.
Dog dropping everywhere on the lawns.
Hot tub - just hot water no jets on even after multiple times requested it. I think they have since filled it in.
Laundry room smelled. And floor was not clean.
Pool has black ring around it the whole time I was there. A lighting fixture was barely in place underwater. half the year the skimmers were clogged with flowers leaves from terrs next to pool.
Workout room always had machines that did not work. TV did not work. You had to go into office to get remote and office closed at 6.
Indide the apartment:
Walls were a bit thin.
Heating the place was very costly. And this was a 1 bedroom. I pay less now for 1600 SQ Ft. home.
A/C would only throw cool air. The units were old and over used.
You were stuck with Charter for TV and Internet in paying monthly charge.
Neighbors.... Mostly young kids or couples. Sometimes my apartment would bounce.
Complained - nothing done.
Asked them to forward mail nothing sent. This is also a post office issue and both were bad in this regard.

Yes. The worst is my credit rating.
I can pay them no problem but it's the principal.
Maybe better to put the town on them to fine them.

I might drop them (the apartment building, not the collections agent) a letter, then, letting them know you understood the issue to have been resolved in full per your conversations with their staff on such-and-such date, that you'll resolve the balance with the collections agency as a practical matter, but that you'd rather they use their discretion to dismiss the balance of the charges. Especially in light of so many instances of items not up to code that you noticed and reported during your tenancy. The pool and the electric being the important ones. If they don't budge, it's worth a call to the city to report them as a matter of principal. I'd probably do that anyway if they had a big open pool of unfiltered muck with a dangerous light fixture in the first place.

 

[trickblue]

My wife has had her current number for five years and still gets collection calls for a Wilber Montgomery. So, if you use Wilber's approach, you can just ignore your debts, turn you phone off and get on with your life.

He's an ex-Eagle... what do you expect...

 

[Longboysfan]

I might drop them (the apartment building, not the collections agent) a letter, then, letting them know you understood the issue to have been resolved in full per your conversations with their staff on such-and-such date, that you'll resolve the balance with the collections agency as a practical matter, but that you'd rather they use their discretion to dismiss the balance of the charges. Especially in light of so many instances of items not up to code that you noticed and reported during your tenancy. The pool and the electric being the important ones. If they don't budge, it's worth a call to the city to report them as a matter of principal. I'd probably do that anyway if they had a big open pool of unfiltered muck with a dangerous light fixture in the first place.

Kind of the direction I was heading in.

 

[LittleBoyBlue]

I might drop them (the apartment building, not the collections agent) a letter, then, letting them know you understood the issue to have been resolved in full per your conversations with their staff on such-and-such date, that you'll resolve the balance with the collections agency as a practical matter, but that you'd rather they use their discretion to dismiss the balance of the charges. Especially in light of so many instances of items not up to code that you noticed and reported during your tenancy. The pool and the electric being the important ones. If they don't budge, it's worth a call to the city to report them as a matter of principal. I'd probably do that anyway if they had a big open pool of unfiltered muck with a dangerous light fixture in the first place.

Kind of the direction I was heading in.

It's in collections. They have washed their hands of it.
They won't want to hear anything you have to say.

 

[65fastback2plus2]

Do you not have in writing or a receipt for where you paid for the carpet cleaning already? If not, you're hosed. That money you gave them for that basically never existed now.

 

[Idgit]

It's in collections. They have washed their hands of it.
They won't want to hear anything you have to say.

That's not necessarily true. If it's a sold collection, that'd be the case, but more often the collections agent is still acting on behalf of the debt holder, and it can be halted at any point in that case.

Half of collections is shaking down people who might pay. It's not all that often a small claim is going to be disputed legally, and if you can demonstrate a legally defendable position, it's just going to languish. If there's enough money at stake and you're dead to rights, they might file suit (this happens most often if the collections agent is a retired lawyer/ambulance chaser and has little to do with his time). You can still negotiate those down b/c of the risk and the headache involved in the collections process.

Either way, there's nothing to lose. It's a small bill. If the landlord doesn't control the collections agent, just pay it and then take your pound of flesh back from the landlord in the form of giving them headaches of their own to worry about. If they can stop collections, they'll make a phone call and just put an end to it. More likely than not, they just contracted an agent and turned over all of these outstanding issues to be pursued in bulk, anyway.

 

[Idgit]

BTW, I employ a collections agency to collect on a variety of small debts. And I've been collected on by vendors in similar situations. So I"m basically just telling you what I've done or would do under the circumstances. I'm sure others have experience that varies with mine.

 

[LittleBoyBlue]

That's not necessarily true. If it's a sold collection, that'd be the case, but more often the collections agent is still acting on behalf of the debt holder, and it can be halted at any point in that case.

Half of collections is shaking down people who might pay. It's not all that often a small claim is going to be disputed legally, and if you can demonstrate a legally defendable position, it's just going to languish. If there's enough money at stake and you're dead to rights, they might file suit (this happens most often if the collections agent is a retired lawyer/ambulance chaser and has little to do with his time). You can still negotiate those down b/c of the risk and the headache involved in the collections process.

Either way, there's nothing to lose. It's a small bill. If the landlord doesn't control the collections agent, just pay it and then take your pound of flesh back from the landlord in the form of giving them headaches of their own to worry about. If they can stop collections, they'll make a phone call and just put an end to it. More likely than not, they just contracted an agent and turned over all of these outstanding issues to be pursued in bulk, anyway.

Understood.

This can gets messy.

 

[Idgit]

Understood.

This can gets messy.

I've had good luck over the years stating a plausible position (replying to each inquiry with a copy of my position and that it hadnt' changed) and just letting collections agents work through the escalation process. Sometimes, if I thought they had a decent case, I'd offer 25% to resolve things once that process was at the end (as they were threatening court proceedings). Only once did somebody file, and it was because we were dead to rights and my business partner had somehow overlooked a contract he'd signed to that effect. We were still able to negotiate it down by 50% and avoid court, but we were on a timeline at that point. And that guy was the retired lawyer I was talking about who I think was just doing a favor for the vendor.

And I've had a terrible time finding collections agents of our own who weren't either creepy or who were worth a crap. It's an unpleasant, unreliable bunch, generally.

 

[Longboysfan]

Thank you all.
I'll call collection agency and see if I can make a deal.