Consumer complaint received 2022-07-16
Company: M.A.R.S., Inc.
State: VA
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
While reviewing my credit report on XX/XX/XXXX, I noticed a collection account that was added with the account name MARS Inc. I contacted MARS to dispute the collection account and asked them to verify the debt or either removed it from my credit report. As of today, they have not done either. They did not verify the debt nor remove it from my credit report which is causing immense damage especially since I am an XXXX XXXX XXXX in the United States XXXX. 

The XXXX XXXX XXXX XXXX XXXX received a dispute via email early on that this debt was not a valid debit and I in fact did not owe any additional money. 

Please note per your date opened that is referenced on the credit report which is XX/XX/XXXX, I was then and currently on XXXX XXXX in the United States XXXX. Prior to moving from XXXX  at XXXX XXXX, as stated under the THE SERVICEMEMBERS CIVIL RELIEF ACT ( SCRA ) Benefit and Protection No. 5 Residential ( apartment ) lease terminations 50 U.S.C. 3955. 

I informed the apartment complex XXXX at XXXX XXXX in writing that I had received permanent change of station ( PCS ) orders or XXXX orders for a period of at least 90 days. Id. at 3955 ( a ) ( 1 ) ; therefore, had to terminate the residential lease. I also provided them a copy of my PCS orders.

Benefit and Protection No. 5 Residential ( apartment ) lease terminations 50 U.S.C. 3955. 
Section 3955 of the SCRA, 50 U.S.C. 3955, addresses the topic of lease terminations. With respect to residential apartment leases, the SCRA requires that the premises be occupied ( or are intended to be occupied ) by a service member or a service members dependent ( s ). 50 U.S.C. 3955 ( b ) ( 1 ). Additionally, the lease must either be executed by a person who later enters military service, or is in military service and later receives permanent change of station ( PCS ) orders or XXXX orders for a period of at least XXXX  days. Id. at 3955 ( a ) ( 1 ). To terminate a residential lease, the service member must submit a written notice and a copy of his or her military orders or a letter from a commanding officer by certain methods to the landlord or landlords agent. Id. at 3955 ( c ) & ( i ) ( 1 ). If a service member pays rent on a monthly basis, once he or she gives proper notice and a copy of his or her military orders, then the lease will terminate XXXX days after the next rent payment is due. 50 U.S.C. 3955 ( d ) ( 1 ). If a service member lessee dies while in military service, the spouse of a lessee may terminate the lease within one year of the death. Id. at 3955 ( a ) ( 3 ). 

YOUR SECOND VIOLATION IS AS FOLLOWS ; VALIDATION NOTICE NOT RECEIVED BEFORE PLACINFO INFO ON MY CREDIT REPORTS On XX/XX/XXXX, the Debt Collection Rule became effective!

MARS INC ( The Debt Collector ) has to first communicate with me in writing or electronically, and then shortly thereafter, provide me with certain information about the debt.

The law states before this account could be placed on my credit reports, MARS INC was to provide me with a validation notice that would help me identify whether I owe the debt and whether the collectors information about the debt is accurate. I never received the notice with the tear-off form that would have allowed me to send it back to XXXX XXXX to dispute the debt or take other actions prior to it being placed on my credit reports.

MARS INC did not provide me with the following prior to placing the above items on my credit report.

Name and mailing information of the debt collector Name of the creditor to whom the debt is owed Account number ( if any ) associated with the debt An itemization of the current amount of the debt that reflects interest, fees, payments, and credits since a particular date that you may be able to recognize or verify with records The current amount of the debt as of when the validation notice was provided Information about my debt collection rights including how to dispute the debt Proof of assignment of the alleged debt from the original creditor, or proof of your purchase of alleged debt from the original creditor.

Statement confirming that no part of this debt was paid by an insurance cliam ir used as a write off for taxation purposes. 

Provide a copy of an original executed contract that contains my signature where I agreed to this debt.

Proof that you have the legal right to act as a debt collector and collect the debt in my State of Residence. XXXX XXXX for Debt Collectors The FCCPA requires all debt collectors, be registered with the state of the person they are trying to collect from.

When can a debt collector report debt to a credit reporting company? ( See below ) There are certain steps debt collectors must take before they can report a debt to a credit reporting company. They must do any of the following : ( You did not do this ) Speak to you by telephone or in person about the debt ( You did not do this ) Mail a letter or send an electronic communication about the debt and wait for a reasonable amount of time, generally XXXX days, in case it is returned as undeliverable MARS Inc never sent me a validation notice ; therefore, you did not satisfy the requirement to contact me and you can not begin reporting this debt to credit reporting companies.

You are in violation of FDCPA, FCRA, SCRA and FCCPA so please remove this information from my credit file immediately and please note this inaccurate information is causing great damage to my credit file. 



**Copy of email sent to XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX final charge Inbox XXXX XXXX XXXX Attachments XX/XX/XXXX, XXXX PM to XXXX, XXXX XXXX, Videos of the apartment are attached below. As you can see everything was cleaned and in good condition except for the carpet which was damaged by the movers when my furniture was picked up because they stepped on a ketchup packet and that is where the red stains on the carpet come from and they damaged the carpet while moving furniture out. The only other thing that was not cleaned was the drip pans and the oven, as you can see in the videos every other thing was thoroughly cleaned because we spent hours cleaning the entire apartment. I am being charged {$110.00} for the water bill which is not a true amount because the water bill is paid whenever the rent is paid due to the two being combined in the portal so it was not even possible for me to pay the rent separately from the water, so there is no way that I can owe multiple months of the water bill when the only month that hasnt been paid is XXXX. Next, as you can see in the videos, the floors were swept and mopped so that {$20.00} charge should be removed. Next, the cabinets were thoroughly cleaned as you can see in the videos so that {$5.00} fee should be removed. Next, I was charged a {$5.00} cleaning fee for the ceiling fans being cleaned when that was not even on the move in sheet so how can I be charged for something being cleaned that was not listed on the form? That fee should also be removed. Next, I was charged {$8.00} for the AC vent being cleaned and that item was also not listed on the move in sheet so that charge should be removed. Next, I was charged a {$200.00} pet fee when I have not owned a pet and no pet lived in our unit. There is no evidence of a pet living in our unit and I was wrongly charged due to assumptions being made by your office due to the carpet which was damaged by the movers. Your office has no evidence of a pet living in our unit so that wrongly assessed charge should be removed. Next, I was charged {$280.00} for the carpet cleaning which is a just charge due to the stains on the carpet but it says that it was cleaned due to pet. That goes back to my last point that there was no pet that lived in our unit and that {$200.00} fee needing to be removed. The only problem with the carpet in the entire unit was the stains in the living room due to the movers stepping on a ketchup packet. There are no XXXX stains or any other stains in the carpet from a pet. Lastly, you neglected to contact myself or XXXX about these charges when we are the ones listed on the lease and you have our contact information. Instead, you chose to contact XXXX XXXX, who is not listed as a tenant on the lease, about these charges. That is very unprofessional because you could have contacted myself or XXXX XXXX about these charges so they could have been resolved and Im also sure that it is not legal for you to contact someone who is not on the lease and discuss the details of the lease with them when you did not contact me first. You can contact me at anytime to go over these charges but I will not be making a payment until the fees that I was wrongly charged are removed and the correct balance is assessed due to the evidence in the attached videos and me being wrongly charged a pet fee. 

Very respectfully, XXXX XXXX XXXX

Company response to consumer: Closed with explanation