Other Debt Debt Collector Not Providing Validation

[Hebi_Jeebies]

Jurisdiction

Ohio

I received a call from National Credit Systems, INC on June 29th telling me that I owe a balance for the damages done to an apartment complex.

I lived in this apartment complex with an ex, and moved out before the lease was up in 2017. My ex continued to live there and we signed a "Roomate Release" form and he got a new roommate. He moved out of those apartments in 2019 (2 years later). This debt should not have anything to do with me.

I called them and asked for evidence that I owe this debt, and they told me that they do not have evidence to provide me with, and that I need to call the apartments. I'm pretty sure it's illegal for them to deny that they have evidence.

They informed me that on my account with their website, there are links to the lease agreement and history of the debt. However, when I click on these links, they lead to blank pages.

I sent a Debt Verification Letter to their office on July 10 and still have not received a response.

They called me on July 15 and left a voicemail saying they had to discuss my debt with me. I called back today (July 23) and just reiterated that I owe the debt. I mentioned that I had sent the letter, which they ignored, and the speaker said she would send me an email with some information. I never received that email, and it is well past business hours.

I have all calls recorded, I have a postal receipt of the letter I sent, and I have the original letter.

How do I proceed? What do I do now?

 

[army judge]

I sent a Debt Verification Letter to their office on July 10 and still have not received a response.

So far, so good.

They called me on July 15 and left a voicemail saying they had to discuss my debt with me.

Oops, things are deteriorating.

Collectors are required by Fair Debt Collection Practices Act >>> 5 Ways the Fair Debt Collection Practices Act Protects You - NerdWallet <<< to send you a written debt validation notice with information about the debt they're trying to collect.

It must be sent within five days of the first contact.

Some agencies don't give a hoot, and simply wish to besiege and inundate you with phone calls.

The debt validation letter includes:

1 The amount owed.
2 The name of the creditor seeking payment.
3 A statement that the debt is assumed valid by the collector unless you dispute it within 30 days of the first contact.
4 A statement that if you write to dispute the debt or request more information within 30 days, the debt collector will verify the debt by mail.
5 A statement that if you request information about the original creditor within 30 days, the collector must provide it.

If you don't receive a validation notice within 10 days of the first contact, request one from the debt collector the next time you're contacted. Ask for the debt collector's mailing address at this time as well, in case you decide to request the debt verification letter ONCE MORE!

The validation letter might very often leave you with more questions than answers.

In that case — or if you never received a validation notice — you can request a verification letter proving this debt is in fact yours.

Verification letters are best used in two circumstances:

If you're facing an aggressive debt collector: A debt verification letter can pause collection efforts and may deter debt collectors who don't have sufficient information.

If you intend to pay the debt: To resolve the account, you might want more information to verify you're paying the right collector for the right debt.

Samples of various letters: >>> What should I do when a debt collector contacts me? <<<


These websites "discuss" in greater detail debt validation letters/requests:

Free Debt Validation Letter Template - Samples - Word | PDF | eForms – Free Fillable Forms

Why a Debt Validation Letter May be Exactly What Debt Collectors Want

 

[adjusterjack]

I lived in this apartment complex with an ex, and moved out before the lease was up in 2017. My ex continued to live there and we signed a "Roomate Release" form and he got a new roommate. He moved out of those apartments in 2019 (2 years later). This debt should not have anything to do with me.

That's where you might be wrong. Unless you had the landlord's signature on the "roommate release" form you are still obligated to the landlord. If you have to pay anything to get out from under this you can seek reimbursement from your former roommate. Good luck with that.

How do I proceed? What do I do now?

I suggest you read the actual US Fair Debt Collection Practices Act instead of relying on internet articles.

Fair Debt Collection Practices Act

That way you can cite the wording of the sections that the collector is violating.

 

[mightymoose]

Does this alleged debt show on your credit reports? If so, follow the credit agency's instructive to dispute a debt.

Personally, I would ignore the phone calls. Anything legitimate will be done in writing. This goes for you too... don't waste your time returning phone calls. Use the mail, if anything.

 

[Zigner]

What did the apartment complex management say when you called them and reminded them that they agreed to release you from all damages? (Assuming that your "Roommate Release" actually did that...)

 

[zddoodah]

I'm pretty sure it's illegal for them to deny that they have evidence.

That's not correct. What law do you think might make this illegal?

I called back today (July 23) and just reiterated that I owe the debt.

This says that, when you called, you admitted to owing the debt. Is that what you intended?

How do I proceed? What do I do now?

I don't really understand the question. Why would you do anything (other than keeping an eye on your credit report)?

 

[Tax Counsel]

I called them and asked for evidence that I owe this debt, and they told me that they do not have evidence to provide me with, and that I need to call the apartments. I'm pretty sure it's illegal for them to deny that they have evidence.

No, it is not illegal for the debt collector to deny it has evidence. First of all, it might very well be true. Creditors often give minimal information to the debt collector. Second, even if the debt collector has the details of the alleged claim against you, it is not compelled to give it to you.

What the federal Fair Debt Collection Practices Act (FDCPA) says is that if you provide the debt collector with a written request for validation of the debt within 30 days of the date the debt collector sends you the written notice that the Act requires then the debt collector cannot contact you again to collect the debt until it has provided you that validation. And all it must provide you is the name and address of the creditor or, if there is a judgment against you, a copy of the judgment.

I sent a Debt Verification Letter to their office on July 10 and still have not received a response.

They called me on July 15 and left a voicemail saying they had to discuss my debt with me. I called back today (July 23) and just reiterated that I owe the debt. I mentioned that I had sent the letter, which they ignored, and the speaker said she would send me an email with some information. I never received that email, and it is well past business hours.

If the debt collector does not respond in writing providing the verification information I described above but still continues to try to collect the debt you may have a good claim against the debt collector for a violation of the FDCPA. The law entitles you to the greater of your actual damages or up to $1,000 in statutory damages for each violation, plus attorney's fees. So if the debt collector violates the FDCPA going forward you may want to consult a consumer rights attorney.

 

[Michael Wechsler]

If they are admitting to you orally that they don't have evidence that you are responsible for the debt, I might consider a simple response. I am not you and am not privy to the conversation or all the facts of the case. This not being legal advice. It is just my personal opinion about what I might do in a hypothetical you describe. And the information described above is good , in my opinion, and you can look up the term novation to understand why your signing a deal with your roomate without the landlord's consent does not necessarily release you (nor would it make sense it is that easy if that is what happened.)

I might consider contacting them in writing that you believe the debt alleged is not a valid debt and, as per discussion, the debt collector cannot confirm and does not have evidence that the debtor being contacted is, in fact, a bona-fide debtor. I might also add that the collector informed you to contact the creditor to confirm whether you actually owe the debt. Don't embellish the story if you aren't sure what was discussed. See the FTC Debt Collection FAQ which provides all you need to say, which usually includes a statement denying the validity of the debt. It's possible that this may be dropped entirely as the rights to enforce an alleged debt may have already been sold to another party, such as a collector, who may not see it as worth pursuing.