Consumer complaint received 2020-04-03
Company: Rent Recovery Solutions
State: MD
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
XX/XX/XXXX To whom it may concern, I am placing a complaint against a company called Rent Recovery Solutions LLC, a debt collecting agency. This company reached out to my daughter, XXXX, in mid-XXXX  about a delinquent debt that is owed to their client XXXX  XXXX ( Exhibit 1 ). XXXX  XXXX  is a student  apartment community that is managed by XXXX, XXXX XXXX  in rental housing My daughter, XXXX, gave Rent Recovery Solutions authorization for me, XXXX/Mother, to address the matters at hand. 

On XX/XX/XXXX, I wrote a correspondence addressing Rent Recovery Solutions letter stating that the alleged amount sought of {$6000.00} is disputed because the amount did not reflect my records and in addition, the amount sought violates Michigan Law- The Michigan Truth in Renting Act which states that rental payments may not be accelerated unless that amount is determined by the court and there has been no judicial determination. ( Exhibit 2 ). 

Following my letter, a response from Rent Recovery Solutions, was received in the mail on Friday, XX/XX/XXXX, basically stating that the debt is valid based on their clients records. ( Exhibit 3 ) My daughter then received a voicemail on Tuesday, XX/XX/XXXX from Rent Recovery Solutions representative, XXXX ( spelling my not be correct ), stating that the call is to collect on a debt that is owed. ( voicemail attached ). I called this representative to understand why the phone call and realizing the company was again attempting to collect on the already noted disputed debt. As I gave XXXX information that there has already been communications by me on behalf of my daughter and the amount sought has been disputed because it requires a court judgement. She began to tell me that the debt was valid and owed by XXXX and her credit was affected on XX/XX/XXXX. During this call, she read off a submittal from the company 's client offering her companys decision to side with their client. It was then I realized, this company really had no interest on what our disputed position was and wanted to only fulfill their debt collecting requirements with my daughters file to ultimately side with their client. 

Rent Recovery Solutions nor their client nor myself have the legal authority to decided whether the debt sought is valid or not. A judgement from the court of law will determine whether the accelerated debt and/or any portions would be deemed valid. XXXX is the one who is stating they have damages from a breached lease ; therefore, they can seek compensation for those damages by enter a claim against my daughter in the court of law to receive judicial judgement. Rent Recovery Solutions are acting as judge in this case and allowing their client to sidestep Michigan Law and they have no legal authority to do so. In addition, they are using their professional services in an unfair manner against my daughter by placing an unfavorable action against her credit based on their unauthorized legal position. 

In my opinion, the file should have been sent back to their clients after receiving my response disputing the accelerated debt with the future willingness to collect on the debt once judgment by the courts has been determined, I think that would have been fair for all parties. 

The following includes but not limited to base on my interpretation ; Rent Recovery Solutions violated the Fair Debt Collections Practices Act after a letter was offered disputing the amount owed : 808. ( 1 ). collecting debt that was not expressing authorized by court judgment.

809. A ( 3 ) ( 4 ). The debt collector assumed the validity of the debt without obtaining a copy of court judgment which is required to deem this debt valid.

809. B. Continued collection of debt by phone call ( XX/XX/XXXX ) after dispute by customer was expressed without obtaining verification that the debt is valid with a court judgment. 
In addition, the company did not express in their latest letter ( Exhibit 3 ) that by them determining the debt valid on behalf of their client, they would further place action against my daughter 's credit. I only knew this happened because of my phone conversation that occurred on XX/XX/XXXX with the representative. 

The outcome I am hoping for with submitting this claim to you : * Rent Recovery Solutions removes any trade line reporting against my daughters credit of this debt until court judgement validates debt. 
* Rent Recovery solutions stops any continued debt collecting on this matter until XXXX respects Michigans Truth in Renting Act and files a claim against my daughter in the amount sought and receive court judgment, if any is given. 
* Have Rent Recovery Solutions render all documentation/communication that was received from their client, regarding my daughters file # XXXX that led them to make a unilateral bias decision that the debt was valid, favoring their client. 

A little background in the matter of Rent Recovery Solutions client ( XXXX ) : I would like to offer a little background information offering more understanding why it is imperative that this collection agency be forced to step aside and have their client, XXXX, be forced file a claim against my daughter within Michigan Courts in order to receive judgment for the amount they claim is owed. 

My daughter signed a lease to reside in the community called XXXX  XXXX   managed by XXXX in XX/XX/XXXX for the XXXX-XXXX  school year. As the time came, XX/XX/XXXX, for me to begin making rental payments, I noticed that my daughter was being overcharged within her lease. I came to this conclusion when I saw the breakdown of the payment due for XX/XX/XXXX. After much dialogue with this company and how they create confusion to justify overcharging their student residents, I told my daughter she was to walk away from this lease because this company did not deserve my money ( Exhibit 4 ). This company sent, on XX/XX/XXXX, a letter to XXXX expecting full accelerated rental payment in the amount of {$5800.00} ( Exhibit 5 ), which violates Michigan Truth in Renting Act. It was at this time ; I knew this company would continue their thieving ways and be up to no good and I was right! As corporate employees attempt to collect on the payment since XXXX until the time it was handed over to the debt collection agency, I would voice that I had a dispute with their lease along with the accelerated amount sought. The arrogance of this company is astounding. 

BEST PART OF THE STORY : XXXX ( XXXX  XXXX  ) assigned a student   resident to XXXX bedroom early in the school year. They fully mitigated by re-letting of the premises therefore, no damages exist but they are still trying to claim full damages against my daughter. My daughter has an email communication from one of the 4 roommates that live in her assigned apartment ( Exhibit 6 and 7 ). My daughter also went to the apartment on Friday, XX/XX/XXXX, and spoke to someone who lives there confirming that bedroom D was occupied by a girl named XXXX, but she was not there at the time of XXXX visit. XXXX ( XXXX XXXX ) is trying to receive double the yearly revenue for this one-person bedroom assignment and doing it by violating its local state laws and affecting XXXX credit wrongfully. Completely ruthless on part of XXXX  ( XXXX  XXXX )! State Laws of mitigating and the non-allowance of accelerated rent unless a court judgment is determined exist for this very reason. The client of the debt collector, you know the ones providing the documentation showing the debt is valid, are the same people who mitigated the damages because they were the ones who assigned XXXX bed space to another student  are the same people creating with deceitful situation. I did not want to indulge to the debt collection agency about my knowledge about the re-letting of the bedroom assignment because they have no legal authority in the matter and I wanted the element of surprise to take place if and when judgment was sought by XXXX against my daughter in Michigans court of law. 

Rent Recovering Solutions LLC has now become an accomplice to XXXX deceitful business practices. 

We need to protect our young students  together who are nave in the Landlord/Tenant arena and stand against these big companies that take advantage of their ignorance. I, for one, am not one of them. I own commercial property located in XXXX, Maryland. I am a mother who wants to stand against this company and their thieving ways not only for my daughter but for the sake of all our young people who seeks a higher education with many of them financing their own education and the last thing they need is to do business with greedy ruthless company like XXXX who side steps the landlord/tenant laws with arrogance and entitlement in matters of rent, security deposits, and tenants rights. Companies like XXXX will offer student  tenants a 47-page unconscionable lease obligating the tenant to accept, through its content, unfair and even unlawful acts favoring them, the lessor/managing company, overshadowing that there are laws in place to protect them against these very acts. 

My current concern is that during this health crisis where many students support themselves will not be able to meet their rental obligations because of job closures and companies and/or large property owners like XXXX will seek federal and state money for themselves and not pass on any rental forgiveness allowance to their residence because they are greedy. With an educated speculation on my part, XXXX will continue their greedy and deceitful business practices and it will come at the expense of violating consumer/tenant rights and no one would be of the wiser because they have never been exposed and/or challenged. Well, I plan to change that. Any assistance and/or guidance from your agency would be much appreciated! 

Thank you, XXXX XXXX

Company response to consumer: Closed with explanation