Consumer complaint received 2022-04-27
Company: FAIR COLLECTIONS & OUTSOURCING, INC.
State: FL
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
On XXXX XXXX I received a call from FCO ( Fair Collections & Outsourcing. FCO informed me they were calling to collect a debit for XXXX XXXX. XXXX management is a management company in which I use to live on XXXX of their propertys about 4 years ago. I moved out of the property in XX/XX/XXXX. 

I sent an dispute email to both parties XXXX XXXX and FCO on XX/XX/XXXX and XXXX. It took two months to receive a response from FCO. FCO responded to my dispute on XXXX XXXX. FCO sent me a copy of a alleged ledger from XXXX XXXX and also a copy of their collection letter. 

After careful review of the alleged ledger from XXXX it is clear there is a misapplication of payments and fees applied to this ledger. The ledger that was provided by FCO includes bogus fees and duplication of check numbers applied to payments for two different years and dates.

Please see the attached documents and findings of incorrect payments and fees, which has caused an issue of alleged money due. 

I had an eviction hearing for XX/XX/XXXX rent for an amount of {$2500.00}. My eviction was dismissed because I paid the monies due. I also moved out of the property in XXXX. I paid the early termination fee to break my lease. 

The first incident of discrepancy found on the ledger is balance due for parking fees and late fees. I never had a parking fee and it was not in my lease. If you review the ledger from start to finish the alleged parking fees were applied to months after I moved out in XX/XX/XXXX. There are also several late fees applied to months after I moved out in XX/XX/XXXX. My lease stated if early termination fee is paid they waive the right to seek additional rent beyond the month in which they retake possession. 

The second notice of discrepancies in the ledger is a check # XXXX. This check number was applied to a payment for {$800.00} on XX/XX/XXXX and the applied to another payment for {$4500.00} in XX/XX/XXXX. Note I moved out in XX/XX/XXXX and paid the fee to break my lease. If you notice on the ledger I also paid electronically ( EFT ) through the online rent portal or live check ( XXXX ). There is no notation of a live check or XXXX for these payments. Where is the payment information for the monies I paid for the XXXX payment and my payment to break my lease. There is only one noted payment for {$690.00} with regards payment type, in which this is showing as a live check ( XXXX ). If you look closely at this check # XXXX it is in reverse order of check # XXXX for XX/XX/XXXX, in which it is noted as a live check ( XXXX ). 

The third discrepancies found on this ledger is starting in XX/XX/XXXX, dates after I moved out in XX/XX/XXXX, there are utility charges for water and sewer for dates of XX/XX/XXXX thru XX/XX/XXXX. Same thing was done for the month of XX/XX/XXXX, dates after I moved out in XX/XX/XXXX. There are utility charges for water and sewer dates of XX/XX/XXXX thru XX/XX/XXXX. Also in XX/XX/XXXX, dates after I moved out in XX/XX/XXXX, there a utility charges for dates of XX/XX/XXXX thru XX/XX/XXXX and dates of XX/XX/XXXX thru XX/XX/XXXX. How do you bill for rent in XX/XX/XXXX and for utilities with dates of XX/XX/XXXX thru XX/XX/XXXX? Also bogus billing in XX/XX/XXXX for rent and utilities with dates of XX/XX/XXXX thru XX/XX/XXXX. And misapplied billing for rent in XX/XX/XXXX and also utilities with dates of XX/XX/XXXX thru XX/XX/XXXX and XX/XX/XXXX thru XX/XX/XXXX. 

This ledger provided by FCO is clearly inaccurate and bogusly readjusted to suggest money owed. 

FCO has been sued in the past for this same practice of collection violations. On XX/XX/XXXX, the Consumer Financial Protection Bureau issued a press release announcing it filed a proposed settlement agreement to resolve a major lawsuit against Fair Collections and Outsourcing ( FCO ). The settlement would require FCO to pay {$850000.00} and overhaul its policies and procedures. There are many more lawsuits against Fair Collections and Outsourcing, otherwise known as FCO Collections.

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