Consumer complaint received 2019-09-18
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: Herbert P. Sears Co., Inc. (CA)

I am forced to file a complaint against XXXX XXXX XXXX and the HP Sears Company whom they hired to attempt to collect a fraudulent debt, and for there non communication after I sent them a detailed report and breakdown of there incorrect charges they are attempting to collect from me. 

On XX/XX/XXXX I rented an apartment located at XXXX XXXX XXXX XXXX XXXX XXXX, ca XXXX from XXXX XXXX XXXX, a local property management company. 

Upon taking possession of the property, I move in inspection was performed on XX/XX/XXXX and was confirmed receipt by virtue of a received by XXXX on XX/XX/XXXX. This move in inspection is the basis of my defense and complaint. I am attaching it to this correspondence. In this move in inspection I noted extensively the damages on the property and frankly the overwhelming amount of things wrong, broken, dirty, scratched, take up almost 10 pages of notes wherein I detail all the issues that were identified upon moving in. 

NONE of these issues were addressed throughout the year I rented from them. I wanted to move out many times but understood I was under a least and was unable to incur the costs of breaking the lease. Once my lease was coming up for Renewal, I advised XXXX that I would not be renewing and that I would be vacating the property on XX/XX/XXXX. 

I received a written notice from XXXX with a list of purported charges that was frankly absurd. After communicating with them about the itemization and why I disagree with it, they revised it slightly, but still insisted on charging me for items that were already damaged, broken, dirty, etc - and began to make unsubstantiated allegations of pets being kept at the apartment and event alleged that other adults not on the lease resided in the property, false statements to attempt to justify there chargers. I advised them that my Deposit of {$600.00} was more than enough to cover any reasonable expenses associated with my move out, and that I actually expected some of that money back. 

On XX/XX/XXXX I received a notification from HP Sears, a 3rd party debt collection agency attempting to collect a debt on behalf of XXXX XXXX. I again, explained the situation thoroughly to the representative and even took the time to send him several pages of documentation to defend myself from these bogus charges, and advised him I wanted this account canceled as I had more than enough evidence to substantiate my claim. 

As of that date I have continued to try to resolve this amiably with HP Sears company but they never responded to my requests or presented any compelling evidence or reasons why I would owe this money, and maintain a derogatory credit remark on my credit report that has significantly impacted my credit score and is now hurting my ability to obtain favorable financing and thus costing me tens of thousands of dollars in damages. 

For the record, I am going to breakdown the charges against me. 

{$190.00} For 6 days of rent ( XXXX ) {$410.00} For Paint and Wall Repair ( Somehow Prorated against me ) {$310.00} for carpet replacement ( Also Prorated against me ) {$130.00} -New Keys, AC Filters , Smoke Alarms , Shades ( Not responsible for smoke alarms or AC Filters and the broken blinds were listed in the move in statement as broken ) - They are also including a charge here for " checking '' plumbing which is not my charge to pay, among the other items listed in this breakdown that were either listed in the move in statement or are not tenant responsibility per California Law. 
{$120.00} - Screen Door Replacement + Labor ( Noted in my Move in Statement that it was torn ) {$86.00} Drip Pans/Bowls Replacement So As you can see, they are charging me for {$1200.00} of which I only agree with {$300.00}. {$190.00} for the six days of rent, the re-keying of the doors ( {$25.00} worth of charges, and {$75.00} that I would deem reasonable to cover up any nail holes ) - Therefore, since they have my deposit of {$600.00}, less the {$300.00} in charges I accept, I am owed {$300.00} plus any interest that has been accumulated.