Today, in my parent’s P.O. box was a letter from a debt collection agency (Midwest Credit & Collection, Inc. [MCCI]). They have, apparently, been enlisted to collect $1,300 (exactly, no odd dollars, no change) for some apartments that we moved out of over a year ago.
The body of the letter contains this exact message, word for word:
(The letter is dated 5/23/01, but my parents just checked the mail today.)
The only thing that my parents know of that they could be charged $1,300 for is backing out of their lease in January of 2000; however, the office of the apartment buildings said that they would simply let us out of the lease without charge, but we didn’t get it in writing.
A major reason we moved out is because the people who own the apartments tried to change our lease after we had signed it (we have a copy of the original and the attempted change,) without our permission. They tried to charge us $15 a month more than our already outrageous rent (over $600/month.)
So far, we have done nothing. My mother’s employer has a program that gives legal help to employee rentors, but we haven’t found the papers for it yet. When we do, we will certainly go to a qualified lawyer, but until then, what should we do?
Well, I am not a lawyer by any strecth of the imagination, but it seems to me that the most sensical thing to do would be to notify the agency that you dispute the debt. Type up a quick letter saying that you dispute the validity of the debt, if it is indeed for the case you mentioned, and why you dispute it.
I see no way they could use your claims against you, if you tell them the truth, and they’ll provide you with more information – a verification of the debt, and the name and address of the original creditor.
Agreed, first send a formal letter saying that you dispute the debt.
I wouldn’t go into details on “why” you dispute it. You might simply say that you moved out of that apartment over a year ago, that as far as you are aware all moneys due were paid at that time; that this is the first you heard of any money being owed (assuming that is the case) and you have had no explanation of why they think you owe any money at all. You don’t need to explain why you DON’T owe anything at this point; they need to explain why they think you DO.
If your mother’s employer has a legal advice program, you should definitely use that. Call first, you may not need any papers to prove your innocence, they will have to prove your debt.
Normally I would talk it over with the original creditor, but it sounds like the lessor would be unreasonable an unreceptive. Even when you talk to a creditor on the phone, the best advice is to follow up any telephone conversation with a letter.
Like the previous posters stated, you need to send a letter to the collection agency. I would add that it should be sent ** certified with return receipt requested **. It is always beneficial to have proof that a letter was sent and received (and by whom).
If you are having trouble getting information on your mother’s employer, contact her Human Resources department. I am sure they can give you phone numbers of any benefit plan offered by her company.
In any regard, once you receive a response to your certified letter, contact an attorney. When amounts are over $1,000 it is best to get professional legal advice.
IANAL and so forth, but this site seems to have a pretty comprehensive procedure outlined for dealing with case like yours. Rainbow Dragon, I don’t think you can talk it over with the original creditor; once they turn it over to a collection agency, they’ve washed their hands of it.
FWIW, the language quoted in the letter is language that the Federal “Fair Debt Collection Practices Act” requires the debt collector to put into their dunning letters.
Thanks for all the replies everyone, I really appreciate it.
My parents talked it out, and despite my efforts, have decided to take it up with the apartment complex instead of the collection agency. My father is going down there tomorrow to talk to them. He has said; however, that he will write a letter to the collection agency telling them he disputes the debt if the visit to the apartments doesn’t help.
Friedo, our rent certainly was outrageous considering the size of our apartment and the “service”(I really can’t think of a better word) we got. For example, we couldn’t control whether the heat or the air conditioning was on, and we ended up with the furnace still on in July. They controlled every apartment individually, and ours had the heat all the way up (we could turn the heaters to an off setting, but the heat ran through them anyways.)