Consumer complaint received 2020-08-03
Company: RS Clark and Associates, Inc.
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: Communication tactics
Sub-issue: You told them to stop contacting you, but they keep trying

Complaint:
This Debt Collection Agency already attempted to collect the debt that I disputed with the credit bureau company back in XX/XX/2020. The credit bureau already removed the debt from my credit report because they are demanding an incorrect amount. However, I received another letter from them on XX/XX/2020 saying I once again owe them another XXXX they were previously informed that I do not want any more communication with them other than the disputed amount prior, which that was concluded and i was informed they would not contact me again. however, I just received another letter from them on XX/XX/2020 demanding payment once again. This is violating federal law and they are now harassing me. 

one of the many reasons the amount they are billing is incorrect is the collection fee and interest that will be determined later. I already stated that they lost their ability to collect on the debt because according to the lease agreement, the apartment complex did not give me 10 days after the final bill to arrange a payment nor providing me sufficient time to dispute the final account bill prior to sending our alleged debt to collections. 

On XX/XX/2020, I received my final bill via email, and according to the email, it stated " please contact R.S. Clark for payment as we have notified them of your new balance. '' This indicates that they already referred my case for collections prior to me receiving my final bill. This was in complete violation of my contract with the apartment complex. 

I Recieved another letter that indicates the apartment complex referred my case to collections on XX/XX/2020 and sent me a notice stating we owe {$4400.00} and gave us until XX/XX/2020 to pay that amount. However, we received a letter dated XX/XX/2020, from the collection agency demanded we pay over {$6000.00}, collection fee included. 

According to section 32.5 of the lease agreement, it states " All unpaid amount you owe, including judgement, bear 18 % interest per year from the due date, compounded annually. You must pay all collection-agency fees if your fail to pay sums due within 10 days after we mail you a letter demanding payment and stating that collection-agency fees will be added if you don't pay all sums by that deadline. '' According to the contract, the apartment complex nor the collection agency can request us to pay collection agency fees until after 10 days from the date of receiving a payment request. However, we received the request from the collection agency within the 10 day period demanding collection fee in around {$1700.00} with 18 % interest TBD. However, because this is in violation of the contract, we do not owe this amount nor are we liable for collections fees or interest charges as we agreed to have at least a 10 day period between the date of payment demand and the additional collection fees being added. The collection agency is dishonest and attempted to collect a debt illegal by demanding an inaccurate debt. We disputed this with them prior back in XXXX, but they refused to remove or correct their mistake. 

This is only one issue that we have this collection ordeal. We are discussion legal action against the apartments and the collection agency because I already successfully disputed this. Another issue was that they contacted me again about this debt after I informed them on XX/XX/2020 letting them know the following " Reporting information that you know to be inaccurate, or failing to report information correctly, violates the Fair Credit Reporting Act. Finally, please note that we do not wish to receive further telephone calls or letters concerning this debt that we already disputed with the original creditor. The Fair Debt Collection Practices Act requires you to respect this request. See 15 U.S.C. 1692 ( c ). " However, they once again contacted me regarding  this debt. Please help me stop them from contacting me as it is now harrassment.

Company response to consumer: Closed with non-monetary relief