Consumer complaint received 2017-07-24
Company: National Credit Systems,Inc.
State: KS
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Original Creditor : XXXX DBA XXXX XXXX XXXX DBA XXXX XXXX XXXX XXXX XXXX XXXX : National Credit Systems XXXX XXXX XXXX, XXXX, GA XXXX Agency Phone Number : XXXX Information about rental dwelling : Address in question : XXXX XXXX XXXX XXXX XXXX Apt # XXXX, XXXX, KS, XXXX Move In Date : XX/XX/XXXX Monthly Rent : {$570.00} Lease Terms : 13 Months Satisfied Months : 9 Remaining Lease : 4 Months Remaining Contract Amount : {$2300.00} First reported amount to collections : {$3600.00} Important information related to living conditions provided during move in : This unit was leased as a Joint Account and at the time we took possession of the dwelling we were handed an article by the office staff titled " Mold- How to Make Your Home Mold-Free and Keep It That Way '' and told that there had been limited cases of non-threatening mold in some of the units. We were not presented this information until after we had signed the lease agreement. Information related to violations of Kansas Statute Chapter 58 Article 25 : During the course of occupation of the dwelling on 5 separate occasions the management office of XXXX XXXX apartments attempted to fraudulently collect fees and additional payments by leaving notices on our door that rent had been paid past due, not at all, or with insufficient funds. I had to personally dispute these allegations and all were overturned based on physical evidence I was able to produce at the time via bank statements and check images. We were regularly harassed about our rent payments and our maintenance requests were intentionally ignored by the property management team until we " smartened up and did what was good for us '' or " learned the management was n't to be XXXX with. '' This is a major ethical violation pertaining to Kansas Statute Chapter 58 Article 25 and many subsequent Kansas Laws for the Fraudulent and Unethical charging and collection of debts. Major event leading to termination of lease : During the course of occupation of the dwelling we discovered a significant black mold infestation and had become dangerously ill and when we informed the property management team we were told " tough XXXX we told you when you moved in how to take care of it yourself ''. Pursuant to KS 58-2559 " Material noncompliance by landlord ... '' We submitted in writing, on XX/XX/XXXX, that we would be vacating the unsafe conditions of the dwelling within 30 days if the property management team continued to refuse to bring the dwelling within health and safety compliance to which we received our noticed crumpled and stapled to our door. We vacated the dwelling and left it in the same condition in which it was presented to us ( which I still to this day have photograph evidence of ) and left a forwarding address for a final bill. Failure to comply with FDCPA guidelines on reasonable collection practices : XXXX XXXX XXXX ( Landlord ) failed to make the following actions applicable to Kansas Law. 1. Mitigate loss with reasonable attempt at re-renting. 2. Produce documentation that clearly conveys all activities related to re-renting. 3. Offer the dwelling at a fair market value and within health and safety code. 4. Participated in an " illegal eviction '' to try to monetarily gain. 5. Collected double rent. Additional areas of concern. The landlord failed to produce a final statement. The landlord refused to produce an itemized statement of charges after the lease was terminated. The landlord failed to make a " reasonable attempt '' to collect or communicate the debt before reporting it to credit reporting agencies. The landlord failed to provide documentation related to the agency that would be contacting me about the debt. The landlord made false claims, misrepresentations of legal action, and XXXX XXXX intentionally made false and deceptive claims that he would exonerate my liability to this property on multiple occasions. The collection agency involved, National Credit Systems ( Agency ) also violated FDCPA during the course of the last 5 or more years by doing the following. The agency declared it was a legal firm or attorney. The agency refuses to produce documentation or a statement of charges. The agency has contacted me on a employers phone line, after being informed it was my employers phone number. The agency has threatened to publicize my debt. The agency has threatened to publicly embarrass me and defame my character and credit profile. The agency has called me in the middle of the night. The agency has threatened to tell other creditors not to lend to me. The agency has tried to belittle, degrade, embarrass, berate, and intimidate me into paying a debt that I have disputed. The agency has refused to respond to disputes requested by legal representation. The agency has intentionally and knowingly destroyed documentation or evidence of my interactions with their agents. Inability to seek legal resolve or representation : Once I had begun to understand the damaging nature of this claim I sought legal assistance to help me contest and refute these claims in a court of law. I called over 100 licensed attorneys and every single one of them told me that they either could not represent my case because of a conflict of interest with XXXX XXXX XXXX XXXX, XXXX, or that they would not represent my case because of the blatant and unconscionable corruption of the XXXX XXXX and their dealings with the legal system in the State of Kansas. This debt, which I believe is unsubstantiated, invalid, and illegitimate based in law, has defamed my credit character and caused me significant pain, suffering, and financial hardship. I believe that both the Landlord and the Agency should be held accountable for their actions and forced to remedy these horrible acts.

Company public response: Company believes complaint caused principally by actions of third party outside the control or direction of the company
Company response to consumer: Closed with explanation