Consumer complaint received 2021-04-20
Company: Financial Management Solutions, LLC
State: GA
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
As previously informed and email sent directly to your office on XX/XX/XXXX, I am disputing all charges pertaining to damages as I did not cause damage to the apartment and was not notified of such. It is unfair that I am left to dispute charges with FMS and now your XXXX XXXX and not XXXX XXXX directly. XXXX XXXX had the opportunity and option to complete a walkthrough of the apartment but did not show. I was forced to complete a video documentation showing the entire apartment and how it was left upon my departure. The apartment was poorly managed and maintained by XXXX XXXX and have work orders confirming such. I have video recordings of rain coming through the window seal causing wetness to the drywall. Several work orders were submitted to address, but the apartment is charging me for the damages. XXXX XXXX knows that I had excellent documentation and making notations of all that happened. I am not surprised there was a no show to walk through the apartment on my last day, XX/XX/XXXX. 
I have been given the run around with this XXXX XXXX account in trying to resolve the matter. My credit report is showing Financial Management Solutions FMS as collecting on behalf of XXXX XXXX. Upon disputing the charges and providing all documentation including emails and video recordings and several hostile phone calls with FMS collections department including a conversation with XXXX XXXX of FMS who was verbally abusive. On XX/XX/XXXX, I received an email from XXXX XXXX, XXXX XXXX XXXX at FMS advising that I am not to contact FMS going forward because my account had been transferred to the XXXX XXXX XXXX XXXX XXXX. I immediately reached out to XXXX office by telephone. I was informed that I will receive a follow-up call. I later received a call from XXXX office on XX/XX/XXXX advising that her client was willing to settle for {$2600.00}. I had made an offer of {$2100.00}. I responded declining the offer. I have included all communication of such. 
XXXX has advised that she does not represent FMS but XXXX XXXX instead. I have FMS showing on my credit report and have been back and forth in communication with them but now receiving information that the XXXX XXXX is representing the apartment complex requiring me to start the dispute process over. The XXXX XXXX is requiring me to have no contact with XXXX XXXX and make all payment directly to them ; even though I never got the opportunity to dispute the erroneous charges with XXXX XXXX. I have documentation of all the maintenance request, video recordings of the condition of the apartment during inclement weather and the pristine condition it was left upon moving out ; even through XXXX XXXX was a no-call-no-show for the final walk through. 
At this time, I am equipped with all the documentation and information needed to address this matter with the courts to have a fair opportunity at presenting legitimate information from the start of the relationship with XXXX XXXX. Documentation and confirmed conversation with the XXXX XXXX XXXX acknowledging that though my lease was signed XX/XX/XXXX, I was not able to move in until XX/XX/XXXX due to maintenance work needing to be done, with no refund or reimbursement. I have documentation of the work order requests and date they were completed. 
I understand that my circumstances were dire and caused communication and housing accommodation to be a challenge, however XXXX XXXX still could have provided an email communication of the final notice ; but instead made no attempts to contact me because a forwarding address was not provided. With all the documentation of communications and proof of all that has transpired with XXXX XXXX without your office taking the time to validate the debt that you are attempting to collect. 
I am taking responsibility for the short notice amount of {$2100.00} and can make that payment in full as soon as possible. If FMS is willing to move forward and accept that amount, then I am gladly willing to close this out. Otherwise, I am waiting this through and allowing this account to be transferred to the XXXX department. That will allow me the opportunity to work things out with a lawyer and seek the assistance of the courts to review all information and documentation. I take no responsibility for no other charges or amounts that your office has now brought to my attention. 
The fact that the lease was signed on XX/XX/XXXX and I was NOT able to move into the apartment until XXXX XXXX later - XX/XX/XXXX XXXX my sons Birthday I remember the day vividly ) due to the numerous maintenance issues and repairs needed and the time to complete is the main reason why XXXX XXXX pretended to have worked with me to close out my account upon my moving without a word of a balance ; only to later transfer to a collection agency. The communication with XXXX XXXX XXXX acknowledging such was sent with my previous dispute along with an email from him on XX/XX/XXXX checking if I had vacated the home to which I responded. 

At this time FMS is reporting on my Credit Report but the XXXX XXXX XXXX XXXX XXXX is collecting. Two different companies are trying to collect on the same account. The XXXX XXXX has advised that she represents XXXX XXXX however, XXXX XXXX XXXX is reporting. I am taking responsibility for the short notice amount of {$2100.00} and can make that payment in full as soon as possible Please let me know how you would like to move forward and provide an update so that I know the necessary steps to take to resolve this matter.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation