Consumer complaint received 2021-02-22
Company: National Credit Systems,Inc.
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
This email was sent to XXXX XXXX XXXX XXXX and XXXX XXXX and National Credit Systems published email, supporting documents were attached XXXX XXXX XXXX ( XXXX ) XXXX XXXX Additional Email addresses used during time at XXXX : XXXX, XXXX XX/XX/XXXX XXXX- XXXX  ( XXXX  ) XXXX  XXXX National Credit Services Account number XXXX To : National Credit Services and XXXX XXXX : This is an offer to settle the alleged debt reported by XXXX XXXX to National Credit Services . This is also a letter of intent to sue should you choose to turn down this offer. This offer will expire 10 days from the date you receive this letter. This offer is not governed under Texas Rules of Civil Procedure Rule 167 nor Chapter 42 of the Texas Civil Practice and Remedies Code. 
Summary : XXXX XXXX alleges that I owe about {$3300.00} for unpaid rent, clean up, and damages to XXXX  XXXX when I lived there ending XX/XX/XXXX. I argue that I was overcharged for late fees and utilities during my lease, and most of the alleged damages were simply wear and tear, that the apartment was one of the last in the complex to be renovated, and the itemized list of damages were going to be replaced upon my move out regardless of the condition. 
Argument : I do not owe the amount alleged. I have incurred damages from your errors. I have made attempts to negotiate the debt. Now I am offering you a final opportunity to settle before I file suit against you for damages that I have incurred because of this alleged debt being reflected on my credit history report. 
Background : I lived at XXXX XXXX, XXXX XXXX, ( renamed XXXX XXXX  ) managed by XXXX XXXX from XX/XX/XXXX until XX/XX/XXXX. During the time I lived at XXXX I had no conflicts with management nor did they have conflicts with me. In fact, I completed three leases. 
In an email dated XX/XX/XXXX, XXXX XXXX announced to residents that they would continue community construction and exterior painting ; this email expresses the importance of limiting disruption and stated this would continue until the new year ( XXXX ). 
On XX/XX/XXXX, after several intrusions to assess needed improvements inside my apartment that did not require any follow up maintenance, I made a demand to know why they were doing yet another inspection inside my apartment and that I would prefer they not do another inspection. I stated I was aware of the complexes continued plan of remodeling and upgrading the community. XXXX XXXX ( XXXX XXXX ) replied and explained to me that a group of investors are looking to make capital improvements in the upcoming year [ inside the apartments ] To that I confirmed my apartment had yet to be renovated and offered to move apartments temporarily or permanently to another unit so that my apartment could be scheduled renovation. XXXX XXXX did not respond. 
At the end of my final lease, in XX/XX/XXXX, due to XXXX XXXX, I needed to move out in an expedited manner. I submitted to XXXX XXXX the police report that showed proof of the Protective Order I had against my then husband. XXXX XXXX refused to accept my documentation, demanded instead that I give them a 60 day notice, and they proceeded to evict me for non-payment of rent. 
In XXXX, my account was paid in full by XX/XX/XXXX. In XXXX, XXXX also charged me an additional {$600.00} for the MTM rate, {$300.00} for XXXX and {$300.00} for XXXX because they wanted me to pay the MTM rate for XXXX even though my account read paid in full as of XX/XX/XXXX. 
XX/XX/XXXX. XXXX XXXX took me to eviction court, Case No. XXXX on XX/XX/XXXX, in which the eviction was not granted but the balance of rent for a 30-day notice ( XXXX ) was granted to XXXX XXXX, plus court costs of XXXX for a total of {$1000.00}. Due to the extreme emotional and physical conflict I endured during that period in my life, I lost my residence and all methods of supporting myself. I knew I owed {$1000.00} and had every intention to pay {$1000.00} to XXXX at the first opportunity. When I was ready to settle my debt with XXXX XXXX, I learned that the alleged debt was now over {$3300.00}, three times the amount I was prepared to pay. 
During the years to follow until fall XXXX I have been suffered adverse responses, prejudice, and hefty financial investment to maintain a place for my family to live. I have been working for the past year on improving my situation, this past fall I reached out to National Credit Systems, whom originally listed the debt over {$3300.00} dollars. 
My initial response was to reach out to the on-site manager at XXXX, in XXXX of XXXX. XXXX refused adjust my charges but they did provide to me an accounting of the alleged damages that I had never received before, listing damages on appliances that were scheduled to be updated and replaced regardless of its condition upon my move out. It also listed replacements that were not needed. It also double charged me for trash removal to which there was little. 
I challenged the debt under FDCPA with National Credit Systems and XXXX XXXX in a detailed manner ( email correspondence presented to Corporate XXXX XXXX  XXXX XXXX XXXX and XXXX XXXX as well as the on-site XXXX XXXX XXXX  ). 
National wrote back stating nothing was wrong and all information was proven. It took over a month to get ahold of a member of management at XXXX XXXX ( XXXX ) to discuss the charges, billing, and settlement options. During a phone call on XX/XX/XXXX with XXXX, I confirmed the evidence package was received. We went over the case and the issues with charges. I requested help to finish this issue. 
During accounting, XXXX determined fees and damages to amount to an estimated total of {$1000.00}. XXXX confirmed to me that the account was charged off ( tax write off ) and that he would return my call/email by Friday that week ( XX/XX/XXXX ) to find a solution. I continued to phone and message XXXX every couple of days until XX/XX/XXXX. I emailed the same information to XXXX XXXX. 
On XX/XX/XXXX National Credit Services called and offered me a {$1600.00} settlement, when I asked to prove the damages and charges with pictures, the representative said she would email me and follow up with the evidence to include pictures to support the charges above the afore mentioned amount. I have not heard from them since. 
Not only that but last year, when I settled my debt with the XXXX XXXX XXXX XXXX, I learned that Management did not change the power into their name and instead used my account for an extended period after I moved, running up my bill {$500.00}. When I had mentioned this to XXXX XXXX while on a phone call, I was told that it was my responsibility to turn off the electric once I had moved. However, I had to show proof that I had turned the electricity on in my name prior to being given possession of the unit, which would stand to reason, they had the responsibility to change it to their name once I surrendered possession back to them.

Claim 1 : Theft of Service Under Texas Penal Code 31.04 ( a ) ( 2 ) - ( a ) A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation : ( 2 ) having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the others services to the actors own benefit or to the benefit of another not entitled to the service Breach XXXX XXXX allowed the utilities to be used under my name and account until XX/XX/XXXX running up a bill close to 500 dollars in all, this is with the City of XXXX, under XXXX XXXX for the above-mentioned address. Per Court Order of Possession dated XX/XX/XXXX XXXX XXXX is granted possession and therefore utilities should be under their business account as of that date or as close to that date as possible. 
Result- This continued charge led to a higher payment and deposit requirement during the years to follow XXXX XXXX 
Claim 2 Fair Credit Reporting Act In reference to Section 623 ( a ) of the FCRA describes the duties of furnishers to provide accurate information to credit reporting agencies ( CRAs ) Section 623 ( a ) ( 1 ) ( B ) prohibits furnishers from providing information relating to a consumer to any CFA if ( I ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is in face inaccurate.

Breach- XXXX  ( XXXX  ) and National Credit XXXX continue to report an inaccurate status and an erroneous amount of debt owed. Neither party supplied upon my demand any evidence to support an investigation, all documents ( except the itemized accounting of the damages ) and information discussed in this document are my own. The credit account does not reflect any escalation or activity to support the accounting or status. 
Results- Various Property management companies deny my application due to eviction status, which is not empirically stated on my credit report. This is excess hidden information that causes personal and financial harm when applying to other properties in denial of my application or demand for extra deposits and humiliation at being considered high risk. 
Claim 3 : In reference to Section 623 ( b ) ( 1 ) requires furnishers of information to CRAs to investigate when the furnisher receives notice of dispute from a CRA in accordance with the provisions of Section 611 ( a ) ( 2 ) FCRA, 15 U.S.C. 1681i ( a ) ( 2 ) and to report the results of the investigation to the CRA. 

Breach- XXXX XXXX response is simply after further review the balance due will remain the same. feel free to share with National. National didnt conduct any investigation into the nature of the charges following this email. However, the email does not contain any proof or any investigations, computations, analysis or even a directed rebuttal to any of my claims. National Credit Systems response is similar. No further course of action or recommendation was given by National or XXXX XXXX located at the property. I sought out XXXX leadership on my own. National Credit services stated XXXX XXXX stated the charges are correct, no investigation took place. The representative stated we have pictures and statements from XXXX. To date, no referenced evidence or data has been provided. 
Results- This failure to conduct a fair and honest investigation into charges and history of account has caused emotional stress and undue financial hardships. This causes a reduction of my credit score and numerous increases on insurance, housing deposits and restrictions on choices of residence.

Claim 4 : Under the National Consumer Assistance Plan ( XX/XX/XXXX to XX/XX/XXXX ) Civil Judgements are considered court debts and are no longer included consumer credit reports. 
Breach- XXXX XXXX and National report the cause of debt as unpaid balance. XXXX and National are falsely reporting the debt source to ensure it stays on my credit report in an act to cause harm willfully and deliberately. 
Result- Failure to follow the Rules of Civil Judgements has caused emotional stress and undue financial hardships. This causes a reduction of my credit score and numerous increases on insurance, housing deposits and restrictions on choices of residence. 

Conclusion : Calculating the increased costs of living can only be deduced by taking the hotel bills I incurred between leases and subtracting reasonable costs for rent, plus the high deposit I was required once I found an apartment willing to rent to me, plus the cost of application fees at apartments I was denied due to the wrongful eviction reported on my record, plus the other inconveniences and embarrassments I endured when being denied credit cards since then, plus the emotional angst that is ongoing from this ordeal, it would be of no surprise when the courts rule in my favor should I have to file suit against you. 
However, I am weary and I just want to feel whole again. I am offering you an opportunity to balance my account to XXXX, remove the eviction and the alleged debt with the credit bureaus ( one has already done so in fact ), and file my account as closed in good standing. Should you decide to ignore my plea once again, I plan to file suit against you for all the damages I have incurred, plus attorneys fees, minus only the judgment from the eviction trial. I will ask the court to award punitive damages as I feel I can easily prove that XXXX XXXX is predatory and I will find others who have been victimized by XXXX to stand as witness or even as a co-Plaintiff against you. This offer will expire ten days from the date received by you. 

During the numerous correspondence between the parties involved I have only sought to find an equitable solution based upon the overall situation and possible future outcomes of this account. During conversations with XXXX ( XXXX ), I express a true desire to place this horrible period behind me a move forward. I am requesting an immediate settlement to included a letter of paid in full and my account to be closed in good standing. Thank you. 

XXXX XXXX XXXX

Company response to consumer: Closed with explanation