Consumer complaint received 2019-09-19
Company: The Phoenix Recovery Group
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Back in XX/XX/XXXX, our daughter was attending her second year, as a sophomore, at University of XXXX XXXX XXXX. In doing so, she applied to lease an apartment at XXXX XXXX Apartments to be close to school, family attending XXXX, as well as, friends attending and living at XXXX XXXX Apartments. She was approved for a lease but was told she needed a co-signer due to her age being XXXX XXXX XXXX, having what XXXX XXXX Apts. considered being no/ghost credit and no rental history. As any proud father would do, I gladly agreed to co-sign without a doubt, as our plan was to help our daughter succeed and reach her educational/career goals. She was also fortunate enough to move into a 2 bedroom apartment with her best friend as her roommate. Unfortunately, during her first month as a tenant at XXXX XXXX Apartments and a few weeks into her Fall Semester at school, she fell extremely ill and would not only have to take an extended leave of absence from school, but she had to submit an early lease termination at XXXX XXXX Apartments also. In doing so, we followed all proper procedures according to XXXX XXXX Apartments Management, at the time. It was our clear and definite understanding that we would still be financially liable for any unpaid rent according to their Student One Year Lease Term ; XX/XX/XXXX ( move-in date ) through XX/XX/XXXX, unless the Leasing Office could sublet/sublease the apartment room our daughter was assigned to in the 2 bedroom apartment. Then, the only monies owed/ due from us would be for any of the months that the apartment room was unoccupied/not subleased. We had no issues with that and again, understood, as it seemed fair due to the unfortunate circumstances. We agreed to contact XXXX XXXX Apartments on a monthly basis to follow up on the rent accordingly. Upon our initial call, we were notified that they were able to sublease the room and it would be occupied as of XX/XX/XXXX and that we were no longer obligated to pay any additional monies due to policy and procedures set forth. Upon notification, our daughter also confirmed with her best friend ( ex-roommate ), whom was still leasing the other room in the same exact apartment and she mentioned she indeed had a New Roommate that took over the room our daughter had been assigned. Her best friend continued to lease the same exact room in the same exact apartment/unit for the next 3 years while continuing her education. She also shared/communicated with our daughter every time someone moved out and a New Roommate moved into that room. 
Hence, our dilemma begins ; at some point over the years the apartments had some changes in Debtors, Borrowers, Trustees, Lenders and Lien HoldeXXXX according to XXXX County Clerks Office Records Department in XXXX XXXX, Texas. At which point, due to the changes Phoenix Recovery Group contacted me in XXXX threatening legal action against me if I didnt pay an outrageous amount of debt they claim is owed to XXXX XXXX Apartments. Immediately, I explained our situation to them and they were still adamant that I pay, unless I could prove otherwise. With that being said, I contacted XXXX XXXX Apartments and spoke to the Manager at the time, which stated that they have no record of anything on the premises dating back that far and frankly after 3 years they shred everything in their records department which is located elsewhere. I asked for their management companys phone number and she refused to give me a name or number and proceeded to hang up on me. I called back several times and would be asked by various receptionists my name and nature of the call, then I would be placed on hold for long periods of time and eventually someone would pick up the receiver and immediately hang up. 
Consequently, I began my research into the matter ; all the while Phoenix Recovery Group repeatedly called threatening legal action and stated it was already reflecting on my credit, as well as, our daughters. I diligently contacted all entities tied to XXXX XXXX Apartments that I could find in Public Records, to no avail, I never received any call backs or written correspondence from anyone. Although, we did contact our daughters best friend/ex-roommate, which was actually still residing at XXXX XXXX Apartments in the same exact room since day one. She was able to give us the names of the students/roommates that rented the adjoining room in that original apartment. When I called and shared that information with Phoenix Recovery Group, I was told that they had no record of the information and could do nothing with what I provided. I also hired and paid for professional services with XXXX XXXX and XXXX XXXX XXXX to resolve the matter and they too have stated that Phoenix Recovery Group has not provided any proof to validate their claim and refuse follow up on the information we provided as proof of actual tenants that resided in that apartment during the time period as to which they are referring in their collection file. 
Due to the nature and seriousness of this situation and how it is affecting my livelihood, employment and home purchasing I would like to follow up with XXXX XXXX Apartments and Phoenix Recovery Group to have this collection item removed from my credit and all credit reporting/recording agencies, and the same goes for my daughter. Initially, this occurred 7 years ago and has become exhausting ; please help me and my family. I have included a copy of my recent Credit Report from XXXX XXXX, as I have begun the home buying process and this is preventing moving forward. I also included the Credit Bureaus/Agencies contact information which currently are reporting this. I truly appreciate your time and consideration in this matter, as time is truly of the essence, under the circumstances.

Company response to consumer: Closed with explanation