Consumer complaint received 2017-02-23
Company: National Credit Systems,Inc.
State: FL
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
XXXX XXXX Florida. My wife and I learned while living there of this company 's unusual practice during departure walk-through with the Apartment Manager and staff. 

Their practice was to lift up the carpet, point to a stain, then claim the renter had made the stain. Usually claimed due to pets, no matter whether the tenant had pets or not. 

In anticipation of such behavior, my wife photographed the Apartment Manager and assistant as they conducted the walk-through. They pulled the carpet up in all rooms and wrote on their Departure Walk-through Form that there were no stains or damage from pets or anything else. 

We were provided a copy of the Departure Walk-through Form for our records. We were told our {$300.00} deposit would be sent to our new address. We turned over all keys and gate access codes we had in our possession, thereby effectively no longer having access to the apartment. 

One week later, a different Apartment Manager sent us a demand letter for {$900.00} ( keeping our {$300.00} deposit ) where the carpet replacement company had written an estimate which said " carpet is XXXX soaked throughout ''. 

I replied by asking who they had allowed into the apartment after we relinquished control? We had photos of them taking photos as they pulled up the carpet in each room as mentioned above. I also reminded the new Apartment Manager we already had a completed Departure Walk-through Form which indicated no damage. 

There was no response for a couple of weeks, then we began to receive demand letters from Post Bay Apartments for {$900.00} to replace the carpet. 

My wife and I then retained a lawyer to ask for some evidence to support their claim. They never responded to the lawyers letter. They subsequently sold the debt to another company, National Credit Systems. 

A representative from National Credit System called me on the phone once, at which time I requested proof, any legal proof, of the debt. They declined, and entered a derogatory entry on my credit. Following that initial call they would not return phone calls nor would they respond to letters sent through the mail. 

The cost of hiring a lawyer to correct the issue was more than {$1500.00}. My wife and I decided we would wait until we were denied a mortgage or similar loan request, due to this fake debt. Nothing happened despite two mortgages closing. 

So, this past XXXX I wrote to all three credit agencies informing them the debt was unsubstantiated. I received responses from all three that m dispute had been recorded, but they were not going to remove the fake debt. 

My wife and I are once again applying for a VA backed mortgage. The Loan Officer contacted me on the phone and she informed me how the dispute must be removed before and loan initiation process could start. 

I was unaware of the CFPB. She said that one of the purposes of the CFPB was to address issues just like mine. 

We have documentation and pictures as well as letters written on our behalf by a lawyer in XXXX. 

We do not have is any proof that supports the debt. Nor do they. Only their assertions. It is now obvious to me that if I do n't pay them their ransom money, I cant buy our new house. Its like credit report blackmail. 

I was told by the loan officer for my new house that the CFPB was created for just such situations as I have found myself in.

Company response to consumer: Closed with explanation