Consumer complaint received 2017-10-04
Company: I.Q. DATA INTERNATIONAL, INC.
State: GA
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On XX/XX/XXXX I received response to my dispute filed with I.Q. Data International onXX/XX/XXXX and on XX/XX/XXXX I received a response to my dispute about I.Q. Data International filed with CFPB on XX/XX/XXXX. The former was signed by XXXX XXXX, account representative and the latter was submitted by XXXX XXXX, senior compliance manager. 
I have disputed 2 charges on my move-out statement as fraudulent and 5 different times requested XXXX ( the leasing office ) or XXXX XXXX ( property owner and manager ) to substantiate the charges by evidence. They have either not responded or refused to provide any explanation or evidence and threatened to turn the account over to collection if not paid. My requests for resolution to vice president of XXXX XXXX XXXX XXXX went ignored and so did requests for response by XXXX XXXX XXXX, CFPB, and Better Business Bureau. Their silence, however frustrating actually helps prove my case. 
XXXX XXXX stated in her responses that her company contacted their client, XXXX XXXX who confirmed my name, address, and the amounts on the billing statements which I.Q. Data International provided to me as a validation of charges. 
XXXX XXXX, billing statement is a summary of charges not an evidence to substantiate them. I have never disputed the fact that either my name, address, or the list of charges existed on the billing statement. I disputed charges on that billing statement because your client could not and would not provide me with evidence that the charges were valid. Since I.Q. Data International has pushed this statement down my throat at least three times, lets discuss it. The statement in questions contains 15 charges. Some of these are inherent charges such as rent or security deposit and can simply be validated by the provisions in the apartment lease contract. Other charges such as pest reimbursement, trash disposal, and utility collections are charges by proxy ; collected on someones behalf. They can too be validated either by the lease agreement provisions because they are constant monthly recurring charges or ( in case of utility collections ) by an invoice sent out by the utility company listing the dates of service, usage, per usage charge, and total charges. I did not dispute any of those charges. I agreed with those. I disputed 2 charges on the statement not only because of their insufficient and misleading description, but also because I know those charges to be fraudulent. 
What are Items left in cabinet and carpet stains {$15.00} and {$350.00}, respectively, charges for? What were the items left in cabinet? Dust particles? Dead insects? And what is the charge for? Safekeeping? A list or perhaps a more detailed description could have provided a better understanding and also could have absolved your client of any liability for illegally possessing any highly personal or strictly confidential materials belonging to me. And when it comes to carpet stains, how can I be sure your client did not mistake those with regular carpet fading and wear and tear? I lived in the XXXX unit for 2 years and the carpet wasnt brand new when I moved in. Where were the stains located? The apartment consisted of 6 separate carpeted areas. And how did your client arrive at the {$350.00} value? Did they contact a carpet cleaning company and receive an estimate? Did they hire a cleaning company and that was the bill they received? Any of the above supporting documentation could have served as evidence substantiating those 2 charges. 
Let me ask you XXXX XXXX ; what would you do if you received a billing statement from a vendor or a creditor which contained charges you did not recognize or deemed to be fraudulent? Would you demand some sort of proof that the charges are valid and belong to you or would you just pay those because the creditor threatened to turn your account to collection if you didnt pay and was unwilling to provide any evidence about the charges? That is exactly what your client did as I am about to demonstrate for you XXXX XXXX! 
On page 6 of the Apartment lease contract that you so kindly provided me with, there is a clause 40. MOVE-OUT INSPECTION which states : Within 3 business days alter you move out, we 'll inspect your unit and prepare a comprehensive list of damages done during your occupancy ( over and above normal wear ) and the estimated dollar value of the damage. You have 5 business days after moving out to verify the accuracy of our list and values. Before the end of the 5days, by statute you must either ( 1 ) sign the list " as is '' or ( 2 ) give us a signed, written notice of what is inaccurate, and return the list or notice to us. If you fail to do so,  you can not recover your security deposit or any other damages. 
I received an email with the Move-out statement on XX/XX/XXXX at XXXX XXXX from the assistant property manager XXXX XXXX. Although the XXXX and I disagreed on the end date of the lease or the move out date ( I have written evidence to support my move out date of XX/XX/XXXX ), I will use XX/XX/XXXXsince that is the date XXXX locked me out of the unit. Since XX/XX/XXXX was a Friday, three business days for your client to inspect the unit and prepare a comprehensive list of damages would have fallen onXX/XX/XXXX. Your client violated this part of the clause. Upon receipt of the statement and being forewarned by former neighbors and XXXX residents about your clients fraudulent business practices especially when it comes to final and move out charges, I anxiously opened the statement. To my shock, I saw 2 charges that I knew to be false. Without hesitation and with anger, I replied to XXXX XXXX email and disputed the 2 charges. And I quote : The items left in the cabinet and carpet stains are frivolous charges and I will not pay those. Carpet was n't new when I moved in and I am not aware of any items left in the apartment. If you are trying to have someone else pay for a new carpet, you picked a wrong person! 
Good day! 

XXXX XXXX Yes, I was very upset having heard the allegations of fraudulent charging by the XXXX and using diligent care of the property during my stay at move out. Nevertheless, I digitally document the condition of the unit and was prepared to defend my position that the charges were frivolous and fraudulent. 
I fully expected XXXX XXXX to refute my allegations that the charges were frivolous or false, providing me with a list of items left in the apartment and a way of retrieving them if I chose to do so, perhaps suggesting that we meet at the property and inspect the carpet stains together and come up with the best course of action to find resolution or offering to provide me with an estimate for cleaning charges or, if already cleaned, an invoice for the services. If XXXX XXXX was not authorized to perform any of the mentioned actions, she perhaps could have suggested for me submit a partial payment for the charges I agreed with and postpone the 2 charges I disputed till a resolution was reached. Isnt that what clause 40. in the apartment lease contract state? Here is the real coup de grce in the form of XXXX XXXX reply : XXXX, I have sent you the final moveout statement to inform you of your final charges and given you the date we will need to receive payment. All charges are final and can not be reversed. If we do not receive payment, we will send this to collections. This is my final response and I will not email again. 

Thank you, XXXX XXXX | Assistant Property Manager Not only did she not provide evidence of the validity of  the charges or offer ways to come to a satisfactory agreement for both parties, she did not even deny the fact that the charges were false! I accused her of committing a crime and she did not even attempt to say : No XXXX, these are not fraudulent charges! All she said was : these are final charges and if you dont pay, the account will be send to collections. Not only XXXX XXXX refusal to provide evidence for the charges, but also Nevadans and XXXX XXXX non-response to numerous requests for information are a clear admission of guilt and concerted effort not to leave any evidence for potential future implication. Yes, silence can truly be deafening! 

With all the consumer rights that you claim, XXXX XXXX your company protects, upholds, and trains their employees on, where is my right to due process and examination of evidence? Or do the US Constitution and Bill of Rights not apply me? Or is it XXXX XXXX belief that they dont apply to XXXX XXXX men? And before you jump all over me, I am aware of the fact that XXXX XXXX is XXXX or XXXX  as the XXXX  people refer to us, but there is such a thing as same-race discrimination and XXXX racism. Or is it that she knew she could not back up the charges with any evidence because they were false and she could just past the account onto an unscrupulous patsy, I.Q. Data International, who will do the dirty work for her? 

XXXX XXXX, is your company often involved in extortion on behalf of your clients? And before you go and advise your client of something silly like fabricating evidence or falsifying invoices to shut me up, let me spare you the time and effort. No evidence submitted at this point will be viewed as legitimate or true! Your client had over 90 days to falsify evidence to present and they failed to do so. Any US Court would have given them 30 days to answer my allegations before awarding me a judgement in default! 

And if you are still unconvinced XXXX XXXX, attached is a billing statement of the charges for damages caused by I.Q. Data International false collection placed on my credit files and my fees for time spent on filing disputes and seeking resolution for the disputed issue. The billing statement confirms your company name, address, employer identification number as well as the amount owed. Please submit a payment of {$55000.00} within 5 business days to the address provided on the statement. 

But if my lesson on definition of substantiating evidence ( completely free of charge to you ) changed your mind about the function of a billing statement, I propose another solution. I am willing to honor my initial intent of paying for the remaining move-out charges. I questioned the last rent charge of {$41.00} since on that day XXXX was already in possession of the property, but am willing to pay to resolve the issue. I also accept the final utility, pest reimbursement, and trash disposal charges as those charges in arrears and not prepaid expenses. After the application of {$75.00} security deposit, the total move-out charges come to {$61.00}. I can make the payment in the form of certified funds or debit/credit/ACH payment over the payment. 

Attachments include I.Q. Data International response, Move-out Statement, Copy of Apartment Lease Contract, email correspondence from XXXX XXXX, APM at XXXX, Billing Statement for damages and fees

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