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advice on credit report

d0min0 106 November 17, 2012 at 12:39 AM
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UPDATE: after the complaint with CFPB, Experian finally complied and DELETED the negative on my credit report!!!


Ok here is the story...sorry it is long but I have to explain the situation clearly. This is the exact complaint I've filed with the CFPB. What do you think I should do? Should I pay it just to get it off of my credit report? Please give me some slickdeal guidance! Thanks in advance!

Back in 2009, I rented an apartment in Diamond Bar, CA called The Hills of Diamond Bar. The lease agreement was for 6 months at $1300/month which started in May 2009 and should have ended in November 2009. At the end of November I attempted to turn in the keys and they claimed that I had one more month left. That would have made it 7 months from May 2009 - December 2009 which is NOT what I originally agreed to BUT instead of arguing with them, I said okay and paid an extra month even though by that time the apartment was completely cleared out. So the end of December comes around and in my second attempt to turn in the keys they said I did not give them one month notice and told me I had to stay another month. At this point I said no way am I going to pay another month so I gave them back the keys and left. Now I find out that The Hills of Diamond Bar complex sent it to a collections company called IQ Data International for the amount of $2300. They said the $2300 amount was from the last months rent, utility bill, and damage I caused to the apartment which is impossible because I absolutely left the apartment as clean as when I moved in. IQ Data International have been hounding me ever since on their 1(888)248-2509 and also a local number (415)592-5318 even after repeated requests to stop contacting me. I have even went as far as hiring a credit repair company called Lexington Law in an attempt to get this cleared up which Equifax and Transunion did comply and remove it from their database but Experian has been the most difficult one to deal with since they have never even given me a response.

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#2
Typically leases automatically go month to month after they expire. You still have to give notice.
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#3
Quote from d0min0 View Post :
Ok here is the story...sorry it is long but I have to explain the situation clearly. This is the exact complaint I've filed with the CFPB. What do you think I should do? Should I pay it just to get it off of my credit report? Please give me some slickdeal guidance! Thanks in advance!

Back in 2009, I rented an apartment in Diamond Bar, CA called The Hills of Diamond Bar. The lease agreement was for 6 months at $1300/month which started in May 2009 and should have ended in November 2009. At the end of November I attempted to turn in the keys and they claimed that I had one more month left. That would have made it 7 months from May 2009 - December 2009 which is NOT what I originally agreed to BUT instead of arguing with them, I said okay and paid an extra month even though by that time the apartment was completely cleared out. So the end of December comes around and in my second attempt to turn in the keys they said I did not give them one month notice and told me I had to stay another month. At this point I said no way am I going to pay another month so I gave them back the keys and left. Now I find out that The Hills of Diamond Bar complex sent it to a collections company called IQ Data International for the amount of $2300. They said the $2300 amount was from the last months rent, utility bill, and damage I caused to the apartment which is impossible because I absolutely left the apartment as clean as when I moved in. IQ Data International have been hounding me ever since on their 1(888)248-2509 and also a local number (415)592-5318 even after repeated requests to stop contacting me. I have even went as far as hiring a credit repair company called Lexington Law in an attempt to get this cleared up which Equifax and Transunion did comply and remove it from their database but Experian has been the most difficult one to deal with since they have never even given me a response.
If you had a six month lease and stayed a 7th month, then your 6th month lease was no longer valid and you had a month to month lease. With a month to month lease you are required to give thirty days notice. You can't just assume that they assume that you are leaving at the end of the month. I would pay it, get it off your record, and chalk it up to a lesson learned to do more research before renting in the future.
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#4
Others have already said it but if your lease was suppose to end at the end of November, by latest, at the end of October you should have given notice. When you didn't give notice, your lease extended on a month-to-month basis usually (hence why you had to pay for December as well). Issue here is whether or not you gave formal notice at the end of November (at the time you tried to turn in your keys) or not.
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#5
Aside from the issues of giving a proper notice, was there an entrance and exit inspection by a rep for the complex? If there isn't you can fight damages as they were never documented before and after.

Stay away from lexington law, I hear nothing but horror stories with them.

What is CFPB?

Are you positive its on your credit reports? You can get your reports every year for free.

If they are reporting, how is it listed? Chances are they have a ton of errors in the way they are reporting. Use this against them as the damages add up FAST and typically weight out any balance owed by you.

Also, stay off the phone with them and DO NOT PAY THEM until you find out if they are handling the collections with you legally. I bet they aren't.
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#6
Quote from KevinM822 View Post :
Aside from the issues of giving a proper notice, was there an entrance and exit inspection by a rep for the complex? If there isn't you can fight damages as they were never documented before and after.

Stay away from lexington law, I hear nothing but horror stories with them.

What is CFPB?

Are you positive its on your credit reports? You can get your reports every year for free.

If they are reporting, how is it listed? Chances are they have a ton of errors in the way they are reporting. Use this against them as the damages add up FAST and typically weight out any balance owed by you.

Also, stay off the phone with them and DO NOT PAY THEM until you find out if they are handling the collections with you legally. I bet they aren't.
it's been a couple of years already but i dont think there was ever an exit inspection. i hired lexington law for a couple of months and they managed to get equifax and transunion to delete the negative off of their records but experian has been a pain. after repeated attempts to get them to verify the negative mark, they simply just ignore it pretty much because we never heard from them. CFPB is the consumer financial protection bureau. i found out about them in an SFGate article and i've filed a complaint with them because I read that they put some pressure on the credit bureaus to actually investigate and verify that the negative marks are true. the problem has been that the credit bureaus just simply dont bother to investigate and verify the negatives and take the creditors words for it in a process known as "mindless comparisons". currently i am ignoring the debt collectors phone calls but they continue to call me with different numbers on my cell phone even after i've told them to stop calling me. they tried to persuade me pay them by giving me a 1-time discount if i paid that exact same day....but i cannot just go by a phone conversation and asked them to send me a letter in writing but they declined to do so and said i was playing games with them. so now that i've file a complaint with the CFPB, i'm waiting for experian to actually do some investigating and verify the negative on the report. if this doesn't work then i might just wait out the 7 years as i only have like 3 more years to go...
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#7
Complain with BBB, FTC, FDCA..........explain situation clearly ......
And remember only paid if they agree to PAID FOr DELETE the negative trade line on your credit report. Get them in letter before you paid them. I hear many sad story that ppl had been paid and they came back ask for the debt again.
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#8
Quote from d0min0 View Post :
it's been a couple of years already but i dont think there was ever an exit inspection. i hired lexington law for a couple of months and they managed to get equifax and transunion to delete the negative off of their records but experian has been a pain. after repeated attempts to get them to verify the negative mark, they simply just ignore it pretty much because we never heard from them. CFPB is the consumer financial protection bureau. i found out about them in an SFGate article and i've filed a complaint with them because I read that they put some pressure on the credit bureaus to actually investigate and verify that the negative marks are true. the problem has been that the credit bureaus just simply dont bother to investigate and verify the negatives and take the creditors words for it in a process known as "mindless comparisons". currently i am ignoring the debt collectors phone calls but they continue to call me with different numbers on my cell phone even after i've told them to stop calling me. they tried to persuade me pay them by giving me a 1-time discount if i paid that exact same day....but i cannot just go by a phone conversation and asked them to send me a letter in writing but they declined to do so and said i was playing games with them. so now that i've file a complaint with the CFPB, i'm waiting for experian to actually do some investigating and verify the negative on the report. if this doesn't work then i might just wait out the 7 years as i only have like 3 more years to go...
Alright. Seems like your heading in the right direction anyways. Might want to head on over to creditboards and research a 623 dispute because i would say that would be the next step if CFPB doesn't help.

Quote from nicholasyud View Post :
Complain with BBB, FTC, FDCA..........explain situation clearly ......
And remember only paid if they agree to PAID FOr DELETE the negative trade line on your credit report. Get them in letter before you paid them. I hear many sad story that ppl had been paid and they came back ask for the debt again.
Please don't pay this company unless it's holding you up from buying a house, especially if they are reporting incorrectly (creditboards will help you here, this is where the 623 dispute comes in)
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#9
Quote from KevinM822 View Post :
Alright. Seems like your heading in the right direction anyways. Might want to head on over to creditboards and research a 623 dispute because i would say that would be the next step if CFPB doesn't help.



Please don't pay this company unless it's holding you up from buying a house, especially if they are reporting incorrectly (creditboards will help you here, this is where the 623 dispute comes in)
ok i will try a 623 dispute if CFPB doesn't work. if after all avenues have been exhausted and it still doesn't turn out in my favor...i'm not even sure what to do. should i just wait out the 7 years? after 7 years it will be removed from the credit report right? btw, yes i am sure the negative listing is on my credit report as i have checked myself as well through annualcreditreport and also tried to apply for a cash back credit card and they told me i had to resolve or remove the negative listing before i can get a credit card through my credit union...
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#10
Quote from d0min0 View Post :
ok i will try a 623 dispute if CFPB doesn't work. if after all avenues have been exhausted and it still doesn't turn out in my favor...i'm not even sure what to do. should i just wait out the 7 years? after 7 years it will be removed from the credit report right? btw, yes i am sure the negative listing is on my credit report as i have checked myself as well through annualcreditreport and also tried to apply for a cash back credit card and they told me i had to resolve or remove the negative listing before i can get a credit card through my credit union...
I haven't seen that particular collection agency as it's not one of the (un)popular ones.
Doubt your going to have to wait out the 7 years, but experian is always a PITA to deal with.
Follow the 623 dispute thoroughly and I think you'll prevail. The law is very black and white and if the CA has anybody with a brain reading your dispute they will fold.
If you don't succeed in a deletion from the 623 dispute and your dispute is very clean and clear then you can find a lawyer and collect some dough from THEM instead of them collecting from you.
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#11
Quote from KevinM822 View Post :
I haven't seen that particular collection agency as it's not one of the (un)popular ones.
Doubt your going to have to wait out the 7 years, but experian is always a PITA to deal with.
Follow the 623 dispute thoroughly and I think you'll prevail. The law is very black and white and if the CA has anybody with a brain reading your dispute they will fold.
If you don't succeed in a deletion from the 623 dispute and your dispute is very clean and clear then you can find a lawyer and collect some dough from THEM instead of them collecting from you.
ok thank you for your responses. i will have to wait it out and see how CFPB turns out. 623 dispute will certainly be the next step. do you have any recommendations on these credit repair lawyers? lexingtonlaw was pretty much a joke after they helped me remove the 2 negative listings from transunion and equifax. they just kept dragging me along saying send this letter and if that doesn't work send an escalated letter...experian has already shown that they will not cooperate and refuse to investigate...why should i keep paying you knowing im not going to get any type of response...so yeah thats another 500-600 down the drain.
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#12
When you moved out, did you take pictures of the apartment to prove that you left it in good condition?
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#13
Quote from heavylee View Post :
When you moved out, did you take pictures of the apartment to prove that you left it in good condition?
that i did NOT do...which i should have...it was my first apartment experience and didn't know they were such scumbags like that
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#14
UPDATE:

Experian FINALLY responded and they have DELETED the negative in my account! YAY!!
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#15
Quote from d0min0 View Post :
UPDATE:

Experian FINALLY responded and they have DELETED the negative in my account! YAY!!
Do yourself a favor and hang on to that letter from experian saying they deleted the trade line from your report and also save that report that was mailed to you with it SHOWING it was deleted.
Never throw it out because they may try and reinsert it later and if you don't have the proof showing they deleted it then you start right back at the beginning again.

Congrats!
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