Consumer complaint received 2019-06-27
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: National Credit Systems,Inc. (GA)

InXX/XX/2019, my previous apartment complex forwarded a balance to National Credit Systems after ignoring my attempts to resolve the issue ahead of time. On the first phone call between myself and National Credit Systems ( XX/XX/2019 ), I informed the agent that the terms set in the lease for charging and collecting balances after move out had been violated, and we had made multiple attempts to discuss the matter directly with the apartment complex. The agent told us that essentially the legality of the debt owed is not their concern, and any legal action we take against the apartments for improper collection of debt is out of their hands and will not prevent them from reporting the unpaid debt and harming our credit if the balance is not paid. I also informed the agent that I had proof of payment of the portion of the balance they had in collection that had previously been paid, and inquired what proof was necessary to have this removed from the balance. Agent stated this could not be removed unless the apartments verified receipt of payment. Informed the agent at National Credit Systems that payment had been sent via certified mail by traceable money order, and I could provide proof at any time. At this time, the agent promised to provide us with written notification of the debt owed by email ; this e-mail was never sent out. 

On XX/XX/XXXX, I called National Credit Systems again to request the written notification of debt owed, and finally received an email. Agent informed me that she would open a 30 day dispute process during which National Credit systems would attempt to clarify any discrepancies on balances owed and look in to the claims made during the original phone call. Agent reminded us again that if we choose to wait for the apartment complex to respond, this situation will negatively impact our credit report once National Credit Systems changes our accounts status to default. Agent made it clear that even if we don't owe the money, we will need to set up a payment plan of some kind with National Credit Systems to keep them from putting our account in default status and negatively impacting our credit. 

On XX/XX/XXXX, I called National Credit systems to confirm they had received the proof of payment, asking again if this portion of the balance had been removed from the balance held in collections. The agent confirmed this proof had been added to our file. However, the balance owed to National Credit Systems was not adjusted. I was also informed by the agent that our previous apartment complex had not responded to any request for clarification, the dispute window would be closed, and to avoid having the account status placed in default and reported negatively to our credit, we would need to set up a payment plan regardless of the questionable legality of the debt sent to collections. The agent offered me a " settlement '' in the amount of {$430.00}, I believe. According to the agent, if paid immediately, our account would be considered closed and nothing would be reported to the credit bureaus. I can not confirm this amount exactly, because the agent promised to send information by email, then later said on XX/XX/XXXX it is against management 's policy to send any information in paper or email format regarding settlement amounts offered to close the account. The agent still avoided my question about removing the balance not owed, and instead told me that the settlement offered encompasses a larger deduction than the amount made, making it sound like some kind of deal I should consider taking. 

During the XX/XX/XXXX called, I again informed National Credit Systems that I planned to file a case with the county against the apartments, and the agent stated that this was " our word against theirs '', offered me another settlement that was a slightly lower dollar amount than the previous one mentioned, and told me that if I choose not to take the settlement or wait for the outcome of the legal case, on XX/XX/XXXX, National Credit Systems planned to move forward in changing the account status to delinquent and negatively impacting our credit. 

There is an open court case in our county of residence regarding the legality of the charges our previous apartment claims that we ( my husband and I ) owe them, and this has also been communicated to National Credit Systems as recently as XX/XX/XXXX. I called National Credit Systems and asked to speak to a supervisor to inquire why the balance had not been adjusted and again inform the agency that a court case had been filed against their client who had turned the balance over to them. As of XX/XX/XXXX, none of the balance has been adjusted, including the portion I have proven we have paid although proof of payment has been mailed directly to National Credit Systems. 

I have also mailed them a letter by certified mail, which included a copy of the small claims court case for breach of contract, requesting that they postpone changing our account status to default until after we have reached a resolution between myself and their client regarding whether or not the balance turned over to collections now. 

As it stands, our only remaining option is to open a payment plan account with National Credit systems and begin making payments on a balance that is in collections that we do not feel we owe since nothing we have said has convinced them to postpone changing the status of our account.