3 years ago, my husband and I rented a mobile home for 6 months while our new home was being built. We followed all the procedures when moving out, and for 3 years we heard nothing from the rental agency so we assumed everything was fine.
We recently received a bill from the rental agency for $1400 stating that it was now in collections.
What I really don't understand is that my husband and I used our cells during that period instead of having a house-phone. To this day, we still have the same cell #s. We filled out a change-of-address form with the post office, and even left a forwarding address with the rental agency. But even if the agency couldn't reach us that way, they could have called and we would have taken care of whatever the problem was.
When I contacted the rental agency, I asked what the $1400 was for. The reasons for the $1400 are all bull - they simply lost our paperwork and are trying to make it look like my husband and I just up and left one night.
I know my rights, and I know that in order to send this bill to collections, the rental agency has to have proof that they tried to contact us twice through mail. I asked the rental agency if they had this proof, and they responded that they did not. I asked for them to put it in writing, and they refused. I have now started taping my phone conversations with them, which is legal in my state.
I unfortunetly don't have the old paperwork (I thought I didn't need it after hearing nothing from them for 3 years), but I can prove that what they are accusing us of is false; I have witnesses that can confirm what they are saying about us is wrong. I have already gotten statements from these witnesses and have had them notarized.
My husband and I are angry, but mainly we just want this all to go away. I have told the collection agency (in writing with a Certified Return Reciept) that the claim is in dispute.
Where do I go from here? How to I get this off my credit report? Do I have to go to small claims court to get this sorted out? Do I have to sue the rental agency in order to fix this problem? We don't really want to do that, but we will if we have to. HELP!!! I'M IN DESPERATE NEED OF ADVICE!!!!! |
