Consumer complaint received 2024-05-09
Product: Debt collection — Rental debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Rowland Avenue Management, Inc. A/KA Columbia Debt Recovery, LLC d/b/a Genesis (VA)

On XX/XX/XXXX, I received notice from XXXX, the management company of XXXX XXXX, that a moveout fee of {$100.00} is owed. Myself and my spouse, XXXX XXXX, and that time we made multiple attempts to contact XXXX to correct this mistake as we never resided in XXXX XXXX. Our only relationship with XXXX  XXXX  was an application we submitted on XX/XX/XXXX, to assess whether we would qualify to live in an apartment owned by XXXX  and managed by XXXX. 

On XX/XX/XXXX, we signed a Resident Qualification Acknowledgement and submitted an electronic Resident Application. At no time during the submission of the application or during any subsequent conversation were we asked by XXXX or XXXX to pay any fee, and in fact, the XXXX representative stated that all application fees would be waived in an effort to recruit us to live in the apartment. We ultimately chose not to rent an apartment owned by XXXX XXXX. 

Consequently, we were disappointed and surprised when we received notification on XX/XX/XXXX, from Columbia Debt Recovery that we owed {$100.00}. A letter of dispute was sent to Columbia Debt Recovery LLC, d/b/a Gensis on XX/XX/XXXX. In the letter a request was made for Columbia Debt Recovery to provide proof the debt is owed and if they are unable, to immediately cancel the debt owed. 

I received a response on XX/XX/XXXX from Columbia Debt Recovery which included two attachments. The indicated the attachments were validation of debt with XXXX  XXXX. The first attachment was a summary of move-out charges for myself anf XXXX XXXX from XXXX with a move-out date of XX/XX/XXXX. This attachment shows a balance of {$100.00} for application fees. There is no signature or date other than the move-out date on this statement. 

The second attachment was a copy of the application XXXX XXXX and myself submitted on XX/XX/XXXX. While we did sign the application in multiple locations affirming the information is correct, there is no agreement of payment in the application. 

I called Columbia Debt Recovery on XXXX, XXXX XXXX, and spoke with XXXX about the dispute. I explain to XXXX that since the application was submitted electronically, there was no way to fully submit the application without XXXX XXXX waiving the fees. I also indicated to XXXX that the documents provided did not prove the validity of the debt. The documentation provided simply proves an application was filled-out but there is never an agreement of payment in the documents. XXXX put me on hold multiple times throughout the phone conversion and was unfamiliar with my letter throughout the conversion. I indicated to XXXX that I work at a law firm and have colleagues who have reviewed the attachment that feel confident debt is not proved. XXXX was unwilling to acknowledged the there was not an agreement of payment in his documentation. I told him I was willing to pursue this issue further through a legal process and was unwilling to speak with me further even though I had not provided a name of an attorney. 

On XX/XX/XXXX, my colleague, XXXX XXXX, called Columbia Debt Collection as acting council on my behalf. She also spoke to XXXX and, again, attempted to explain the application fee was waived and there was no way to submit the application without XXXX  XXXX  waiving it. XXXX put XXXX on hold in the middle of her talking and did not return to the call. XXXX hung up and called back and asked to speak to another representative. This representative also denied to the request to cancel the debt insisted the application was proof. 

I am writing the complaint because the documents provided to me do indicate a debt being owed. Simply signing an application does not indicate agreement to any payment. Again, the application was electronic and the final stage was payment so it would be impossible to submit the application without payment unless XXXX XXXX  waived the fee on their end.