Consumer complaint received 2020-11-24
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: T.S. Holdings

Complaint:
IQ Data International, XXXX XXXX XXXX, XXXX, WA XXXX is attempting to collect an alleged debt of {$9400.00}. From the information they are reporting to the credit bureaus, the original creditor was XXXX XXXX, the original loan amount was {$7500.00}, and the current amount due on the loan is {$9400.00}. 

IQ Data International is attempting to collect a debt I do not owe. The company is reporting false and fabricated information to the credit bureaus that prevents me from being able to acquire housing and is creating other collateral hardships. The company refuses to provide any documented proof to validate that I owe {$9400.00} for a loan that originated with XXXX XXXX. 

XXXX XXXX is an apartment complex. The apartments were purchased from XXXX XXXX XXXX XXXX XXXX, XXXX on XX/XX/2014. I rented an apartment from XXXX and the name of the apartment complex at the time of my interaction was XXXX at XXXX XXXX. 

I am a XXXX XXXX. Within days of my move in, a local contract was cancelled and I was contracted to a hospital in California. On XX/XX/2014 I submitted a written Notice to Vacate and speak with XXXX at XXXX XXXX XXXX regarding my situation and their requirements for early lease termination. 

The management of XXXX at XXXX XXXX informed me that I had two options. The first option was to pay two months of rent. The second option was to move-out, XXXX would put the apartment back on the market, and I would pay a reduced rent amount until the apartment was rented. 

As I contemplated, management informed me that the complex was XXXX % occupied, the apartment was their most desirable layout, with the addition of a private balcony, one of the best views, and there were not anymore like it that were available. She then recommended that I take the second option because she couldn't fathom that particular unit not being rented within a month. 

Based on the professional judgement of XXXX management I deferred to their perspective and chose to pay the reduced rent and allow them to put the apartment back on the market and pay the reduced rent until the apartment was rented. 
Within days of my conversation with XXXX management I returned to the office, on XX/XX/2014, to inform them of my departure and to return the keys. All the employees in the office were different from a few days before. I spoke to one of them. I was told the apartments had been sold, and were under new management. I mentioned my situation and was told that all was well and that all arrangements made with XXXX at XXXX XXXX would be honored. 

A few days later I received a call from the new manager of the newly renamed XXXX XXXX. We discussed the terms of my move out. I also informed her of the specific XXXX employee that told me my options for the early termination of the lease. I requested that she contact XXXX to verify and clarify the options and terms they had stipulated, and then call me back. 

A day or so later the manager of XXXX XXXX called me back. She told me that she had gotten in contact with XXXX and they confirmed the terms of my early lease termination as being : ( 1 ) I would vacate the apartment, ( 2 ) they would put the apartment back on the market, and ( 3 ) I would pay a reduced rent until the apartment was rented. 

She informed me that she had personally verified and clarified the terms directly with XXXX and that XXXX XXXX would honor the terms. 

After arriving in California and starting work at the hospital, I received a call from the manager of XXXX XXXX informing me that the rent was due on the apartment. I told her that I was surprised that the apartment had not rented yet. I asked whether they had been showing the apartment and whether there were any prospective renters showing interest in the apartment. She told me it was their responsibility to rent the apartment and it was my responsibility to pay the rent. The sudden shift of tone gave me an uneasy feeling that something was not right. I told her that I was at work and when my shift ended I would use the online web portal to make the payment. 

When my shift ended, I went to the XXXX XXXX website. I did a search of their website as a prospective renter utilizing the same method I originally employed to find and apply for the specific apartment unit I rented. I searched multiple ways, and although I was provided all the unit numbers of available apartments, my specific apartment number of XXXX was not listed. Since the apartment was not listed on their website as available for prospective renters, it was unavailable. Applications to rent the apartment could not be submitted. The apartment was not made available for renters, therefore it was not on the market. 

I called the manager back and told her that when I had gone to XXXX XXXX website to make a payment, I checked to see whether the apartment had been placed back on the market, and was shocked to discover that the apartment had not been placed back on the market. Again, she told me it was their responsibility to rent the apartment and it was my responsibility to pay the rent. 

I reminded the manager that the terms that I agreed to were that the apartment would be placed on the market and I would pay a reduced rent while the apartment was being marketed until it was rented. I told her that it was unfair of them to want me to uphold my end of the agreement while they abandoned their obligations of the agreement. I told her that not putting the apartment on the market constituted a breach of the conditions of our agreement. 

I continued to monitor their website, and XXXX XXXX did not place the apartment on the market for several months. I took screenshots from the XXXX XXXX website during periods they were obligated to have the apartment on the market and available to prospective renters. The screenshots from XXXX XXXX own website constitutes irrefutable evidence that they breached the terms I agreed to by not putting the apartment back on the market ; thereby, making the apartment unavailable to prospective renters. XXXX committed the breach. The breach was not and can not be cured. 

Additional relevant facts include : 1. XXXX XXXX did not own the apartments at the time that I rented. 
2. XXXX XXXX did not own the apartments at the time I submitted my Notice to Vacate. 
3. From the outset, I have acted in good faith by going directly to the management of XXXX at XXXX XXXX to submit my Notice to Vacate and to inquire about their requirements for early lease termination. 
4. I utilized an early lease termination option recommended and given directly from the management of XXXX at XXXX XXXX. 
5. After change of ownership, the manager of XXXX XXXX confirmed I was acting upon and in accordance with terms XXXX instituted. 
6. After directly confirming the stipulated terms came from XXXX, the manager of XXXX XXXX told me the terms would be honored. 
7. XXXX XXXX breached the terms by requiring payment of the full rent amount and by not putting the apartment on the market for rental for several months after I had vacated. 
8. I did not and I have not signed a contract with XXXX XXXX or IQ Data International. 
9. Due to their breach and/or otherwise, XXXX XXXX and IQ Data International do not possess any signed documents, contracts, financial or security instruments that I am indebted to them from a loan [ as they are indicating on my credit report ] or any other manner.

10. XXXX XXXX and IQ Data International both refuse to provide me with the document I signed to create the debt they allege they are owed. 
11. XXXX XXXX and IQ Data International both refuse to indicate and demonstrate how the specific amounts of {$7500.00} and {$9400.00} were derived. 
12. XXXX XXXX and IQ Data International are unable to demonstrate a binding obligation that I am required to pay {$7500.00} and {$9400.00}. 
13. At the outset, had the manager of XXXX XXXX not misled and lied to me by stating the terms established with XXXX before the change of ownership would be honored, and told me from the beginning that the pre-established terms would not be honored, I could have addressed and resolved the issue before XXXX XXXX breached the terms and conjured an arbitrary and baseless debt amount. 


XXXX XXXX AND IQ DATA INTERNATIONAL ARE VIOLATING FEDERAL AND STATE LAWS OF EXTORTION AND THE XXXX XXXX AND XXXX XXXX ( XXXX ) ACT AND THE FAIR DEBT COLLECTION PRACTICES ACT XXXX XXXX and IQ Data International are aware that I acted in accordance with terms established and imposed upon me before change of ownership. After confirming the terms, XXXX XXXX informed me that they would be honoring those terms. My understanding of how XXXX XXXX was going to proceed was based on and in accordance with what I was told by the manager of XXXX XXXX, i.e. they were going to honor the pre-established terms imposed by XXXX. 

XXXX XXXX breached the terms by not placing the apartment on the market for several months and requesting the full rent amount. They can not cure the negligent breach that now forms the basis of their self-inflicted [ did not put the apartment on the market as agreed ] debt concoction. 

The continuous demanding of a payment that they are keenly aware I do not owe and/or not obligated to pay because of their negligent misdeeds. The first is the breach of the terms they informed me we were going to abide. The second is not informing me from the outset that the XXXX terms would not be honored thereby providing notice to allow me the right to address and resolve the matter before the accrual of any potential additional costs or fees or increases. 

They do not possess any documentary basis that absolves the factual particulars of their self-inflicted, negligent mishandling that allows them to justify the nature of the debt ( loan ) or the specific amounts to which they claim to be entitled. They have submitted this false and fabricated information to the credit reporting bureaus. 

As a direct result of the fabricated information provided I am unable to obtain housing. When my applications for housing are denied the false information from IQ Data International is cited as the basis of denial. So either I pay on a loan that I dont owe or be homeless. That is a textbook case of extortion. The RICO act violation stems from the organization 's orchestration of continuous demands, through the agency of the credit reporting bureaus, of an ever-increasing amount of a debt they are not owed. They are refusing to validate the debt with documentation of how the specific amounts of debt, they are reporting to the credit reporting bureaus, are derived, why I owe them, and they will not remove it from my credit reports.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with non-monetary relief