Product: Debt collection

This complaint covers the collection agency, the facility management and its billing agency. I am writing to you seeking assistance in rectifying a violation of my rights as a consumer and member of the military community. I have already alerted the Better Business Bureau ; however, this is a legal matter clearly mishandled. There is a statute of limitations on collections per Fair Debt Collections Practices Act ( FDCPA ) and Virginia Consumer Protection Act ( VCPA ) ; and collections can not be made without proper written notification to the subject or outside of the statute of limitations. 

The facts are as follows : 1 ) In 1998-99, The Colony Condominiums in Virginia Beach , VA wanted to maintain income after multiple owners had relinquished their timeshares. The method they used was to list all of the units with their corresponding available weeks and offer the public an opportunity to purchase for the price of the maintenance fee only. NOTE : Because these are offered on a weekly basis ( rather than points ), your cost is determined by in-season, mid-season, and off-season. As the facility is directly on the oceanfront, red weeks are in-season and cost the most, white weeks are semi-off-season which cost less and blue weeks which are off-season cost the least.

2 ) I purchased an off-season unit for {$350.00}. My unit was during the 52nd week of the year.

3 ) As expected, the maintenance fees would rise to meet the needs of the facility to pay for staff salaries, repairs and upgrades within the facility. By 2008, maintenance fees for an off-season unit would cost {$650.00}. At that time, to my knowledge, the only upgrades were flat screen televisions, spotty internet, the replacement of some of the kitchen appliances and increased salaries of the cleaning crew. I paid the assessment, stayed during my week and sought to end my relationship with the facility as it was now too expensive ( in time, funds and gas ) for me to continue. 
XXXX ) As I lived in XXXX XXXX from XXXX, it was unreasonable for me to maintain a unit so close to home while I still worked on the XXXX. XXXX XXXX from the ocean front to work was too costly in time and gas, especially when I didnt utilize my week annually. I submitted a letter to the board at the facilitys address relinquishing all rights to my week/unit and allowing them to sell it to whomever and keep the money ( assuming the same method of purchase would be utilized. ) XXXX ) In XXXX, I changed my name, and it was on all legal paperwork by XXXX as I was a military XXXX. 
XXXX ) In XXXX, I began procedures to sell my home in XXXX XXXX. I moved to XXXX for approximately XXXX ( XXXX ) months before moving to the XXXX area in XX/XX/XXXX. From that year to XXXX, I had not heard from The Colony as my mail was eligible for forwarding. 
XXXX ) On XXXX XX/XX/XXXX, I received a XXXX notification that XXXX XXXX XXXX reported to XXXX Credit Bureau and dropped my rating by XXXX points. Upon calling the company, I inquired who they were and their responsibilities. The phone attendant stated they only handle timeshares. I acknowledged I didnt own a time share. We went through a search for my name, and she couldnt find me. I provided previous names, and she didnt see it. I thought this could have been some type of fraud or stolen identity. XXXX couldnt address it. The credit bureaus couldnt answer anything until it was settled with XXXX. I called both XXXX and XXXX in XX/XX/XXXX because this still hasnt gone anywhere. I called XXXX again and got a different attendant. He and I went through the name check again and he was able to find me but said The XXXX XXXX facility gave them the XXXX address and my formerly married name. As instructed, I contacted The Colony via email, then by phone and left a voice message for the XXXX. The XXXX now has a website and email that wasnt in use in XXXX. 

On XXXX XX/XX/XXXX, XXXX XXXX XXXX XXXX, XXXX, left me a voice message alerting me that she received the email and what I could do next. She and I talked about a week later clarifying her previous message re : the XXXX v. the XXXX XXXX XXXX. She further told me that she does not handle billing but gave me the management company they use and to also consider contacting the Virginia XXXX XXXX XXXX XXXX to verify if my name was still attached to the unit. I called the XXXX XXXX XXXX and she indeed found my name. 

I am sincerely confounded because a few issues remain obvious. Most prominent is, I submitted written notification to the XXXX XXXX of Directors that I relinquished my rights to the property as of XXXX unaware there was another method to address this matter. No real attempt to locate me has been made in over 10 years to seek a current address. I am confident the facility has rented out and utilized what was my unit with no need to notify me or send me any portion of the rental fee that all owners are due if they rent your unit during your week. Next, it is apparent to me, the XXXX negated responding to my letter if they deemed my process of contacting them and relinquishment insufficient. I mailed the letter to the XXXX with the facilitys address. As I was not contacted, I was left completely unaware that they had not submitted my documents or addressed any of this matter. I have attached the flyer they are currently using to advertise their method and costs of acquiring new owners. In XXXX, all of this was different as they only asked for the maintenance fee to initiate paperwork. Clearly this ad shows more transparency as should be expected today ; but also has an asking price for purchase. Today, they seek payment from me for years XXXX via collections in the amount of {$3400.00}. I made it clear that as I had not been notified of any attempt to collect payment since my relinquishment in XXXX, they can not legally place a collections report on my credit. I researched the law on this and found the following with specific note of the third and fourth bullets : XXXX XXXX XXXX. 
United States Code, XXXX Edition Title XXXX - MONEY AND FINANCE SUBTITLE XXXX - FINANCIAL MANAGEMENT CHAPTER XXXX - CLAIMS SUBCHAPTER XXXX - CLAIMS OF THE UNITED STATES GOVERNMENT Sec. XXXX- XXXX and compromise XXXX. XXXX. Collection and compromise, Section XXXX ( XXXX ) C, And Debt collection laws in Virginia XXXX : Virginia does not require collection agents to be licensed by the state, but they must comply with the XXXX Fair Debt Collection Practices Act ( FDCPA ) XXXX. 
The Virginia Consumer Protection Act ( VCPA ) prohibits unfair, deceptive, or unconscionable practices by debt XXXX and requires licensing by the Virginia XXXX XXXX XXXX. 
The statute of limitations for most debts in Virginia is XXXX years from the original missed XXXX. 
Virginia residents must receive required notices about their debts under the XXXX. 
The federal FDCPA provides additional protections against aggressive and deceptive debt collection practices in XXXX. 

Further, on XXXX XX/XX/XXXX, I left a voice message for the XXXX XXXX to please return my call. Later, I spoke with XXXX of the billing employees of XXXX XXXX XXXX XXXX in XXXX XXXX, XXXX She and I discussed this situation, and she informed me of the following : Good Management has been with The Colony Condominiums for about XXXX year. When asked who the previous management company was, she did not know from whom they were taking over billing for The XXXX [ no offer to find out was provided. ] They do not have any means of legally researching owners locations for current addresses. The last known address we were given for you is the XXXX address. I do see that you had a name change in XXXX due to marriage. [ I did not provide my name change to them or The Colony at any point as I believed we had parted ways XXXX years prior to my name change. ] Communicating with her and XXXX XXXX of The XXXX would only produce circular results as they already sent the case to collections. 
She explained that when files are turned over to them with a high delinquency, they just turn it over to collections. 
She ( personally ) has worked with timeshares for about 20 years. 

All of this is valued information as I went on XXXX XXXX website and the section on their case studies clearly states their ability to research, contact a clients previous management company, and go to that facility returning with over XXXX pages of records. 

As I stated earlier, on XXXX XX/XX/XXXX, my XXXX account showed a collection from XXXX XXXX XXXX to which it took 3 months trying to clarify if this was a scam as they couldnt locate my name. Lets not forget, I received absolutely NO prior written notification of a bill before this report was placed on my credit file and it is well beyond the statute of limitations. I made it clear that I dont own a timeshare. I have been extremely diligent as a servicemember for almost 30 years to pay all debts in a timely manner. I retired in XX/XX/XXXX from which I had not served outside of Virginia since XXXX. On XXXX XX/XX/XXXX, I received at my current address the first written notice from XXXX with my previous name, dated XXXX XX/XX/XXXX of the bill for which they seek payment. According to the timeline for all assessments, payment is due annually in XXXX ; therefore, the date of initial default would be XX/XX/XXXX.