Consumer complaint received 2015-04-17
Company: Kimball, Tirey & St. John LLP
State: CA
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I signed a lease with my fianc XX/XX/XXXX with the XXXX XXXX. An unexpected XXXX altercation broke out XXXX XXXX XXXX between me and my ex-fiance. XXXX I was instructed to leave the property and file a Restraining Order for safety. I notified the property manager ( XXXX XXXX ) the next business day with a 30-day notice and a copy of a restraining order granted from XXXX Superior Courthouse. I was told by the property management company that there was no way I could terminate the lease, or relocate to a different property or new apartment for safety. After two weeks of going back and forth, I returned to the apartment near the end of XXXX. In XXXX a more serious altercation occurred between my ex-fianc and I, the police were called and I was told again to leave and file a restraining order by the police and not come back. I went directly to the property manager again ( XXXX XXXX ) I explained with the police report and new restraining order that it was unsafe for me and my daughter to live at the property. I was told by XXXX that if I leave and vacate all of the furniture I could not be billed. In XXXX I was billed for {$13000.00}. I forwarded the information to a XXXX XXXX Attorney who informed me that they would help me because legally I should not be responsible. In XX/XX/XXXX I was billed again for {$3200.00}, which was consumed of months that I was not living at the property, excessive maintenance fees, and while I was disputing the entire amount it was reported to the credit bureau which destroyed my rental credit history. XXXX ( the collector ) from Kimbal, Tirey & St. John LLP called me and I informed her that an attorney was handling the issue for me, and that this was a XXXX issue and I am disputing it. She said have the attorney call me. While contacting the Attorney ( I can provide her name later due to the XXXX shelter being anonymous ) the attorney stated she sent in paperwork and never heard back from me or them. I then disputed it with the housing authority. During all of this disputing, I have been trying to lease a new apartment and I have been denied over and over again. So, I called Kimball , Tirey & St. John LLP directly to dispute the amount and they stated they could lower the amount to {$1600.00} which is XXXX, and I would still have an opportunity to dispute it and receive a refund if possible. I paid the {$1600.00}, and I was sent a letter that states my balance is XXXX, but it does not say that the balance is paid in full or that I am no longer responsible for the remaining. I was called XX/XX/XXXX, almost 2 weeks after I made the payment to Kimball, Tirey, & St. John LLp and XXXX XXXX, the collector told me that I can not have the debt removed from my credit report until the balance is paid in full? I thought I did that? I have been confused with conflicting information since day one. With that particular statement it is as if I am still responsible for the entire balance from the initial process of this company trying to collect the debt which I strongly feel that I do not owe. I paid XX/XX/XXXX Rent, I had a {$900.00} deposit on file, but yet I owe over {$3000.00} for months I did not reside in the unit. I have stated from the very beginning that this was a XXXX incident, I moved from the property with XXXX restraining orders and several police reports with a 30-day notice which all of this was given to the Property Manager in regards to the time periods of approx XX/XX/XXXX until XX/XX/XXXX. I was still billed for XXXX of XXXX, all of XXXX, and all of XXXX, plus excessive maintenance fees. I have pictures of the apartment the day I came back to move all of the furniture out and turn in the keys which was XXXX XXXX.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation