Fidelity Creditor Services - METROPOLITAN ADJUSTMENT Abusive..Collector refusing proof that we don't owe the debt!! Glendale California
This company was given proof that we did not owe the debt that they are claiming against us. Basically, they are claiming we owe money ($2,200) for a rental property that we lived at. My husband is military and we were released from the property because of military orders, which we provided to this company. After providing this information over a year ago, the company still reported us on the credit reports. When attempting to call and resolve the situation, the collector we spoke with was abusive and accusatory towards my husband and I, while demanding payment even though we had given them proof by military orders.
This collection agency was terrible and very unfriendly. The collector kept us on hold multiple times and became very nasty with us. We are filing a lawsuit against them!
4 Updates & Rebuttals
Steve
Bradenton,Florida,
U.S.A.
Education for the NON-Military readers here reagding military members and rentals
#5Consumer Comment
Wed, July 14, 2010
ALL enlisted active duty military members are REQUIRED to have ANY lease agreement for off base housing REVIEWED and APPROVED by the base housing office / legal office, etc.
This is a REQUIREMENT and a condition that must be met PRIOR to recieving BAQ and/or VHA [Basic Allowance for Quarters and Variable Housing Allowance].
ALL approved leases to active duty military enlisted members WILL have a military duty clause. That is NON Negotiable. All a military member needs is a copy of the military PCS or even some TDY orders and the lease is done.
In addition, the SERVICEMEMBERS CIVIL RELIEF ACT also addresses rentals and leases, and if this went to court, a good lawyer could get it dismissed under those provisions of the SCRA alone.
Steve
Bradenton,Florida,
U.S.A.
Education for the NON-Military readers here reagding military members and rentals
#5Consumer Comment
Wed, July 14, 2010
ALL enlisted active duty military members are REQUIRED to have ANY lease agreement for off base housing REVIEWED and APPROVED by the base housing office / legal office, etc.
This is a REQUIREMENT and a condition that must be met PRIOR to recieving BAQ and/or VHA [Basic Allowance for Quarters and Variable Housing Allowance].
ALL approved leases to active duty military enlisted members WILL have a military duty clause. That is NON Negotiable. All a military member needs is a copy of the military PCS or even some TDY orders and the lease is done.
In addition, the SERVICEMEMBERS CIVIL RELIEF ACT also addresses rentals and leases, and if this went to court, a good lawyer could get it dismissed under those provisions of the SCRA alone.
Sheri
Kapolei,Hawaii,
United States of America
Thanx you....we do have lawyers taking care of it!
#5Author of original report
Wed, May 12, 2010
Thanks for the advice....we do have lawyers handling it. This was under a military clause, so it is a valid claim!
Thanks!!
Tim
Grand Haven,Michigan,
U.S.A.
Most likely you DO owe the money
#5Consumer Comment
Wed, May 12, 2010
What do you mean by "we were released from the property because of military orders"?
I'm assuming this means that your husband was relocated, shipped out, or otherwise ordered to reside somewhere else. As a result, you had to vacate this property prior to the end of the lease period. Is this correct?
Ordinarily, if you vacate a rental property prior to the end of the lease period, you are still responsible for the rent over the remaining months (subject to the lanlord's duty to take reasonable steps to re-rent the property).
In your situation I can think of a few different scenarios where this obligation would be absolved. If your lease contained a provision allowing for early termination in the event of an ordered relocation then you would be in the right. If the property is specifically deisgnated for members of the military then you may be in the right. If the lanlord knew that this situation was likely to arise then there is a slim chance you could be on the right side of the law.
Barring any of these scenarios, you were bound by a standard residential lease agreement. Military relocation orders would have no effect on your obligations under this agreement. When you vacated the property you remained liable for the remaining rent, regardless of what the military says.
I wouldn't waste your time suing the collection agency unless your lease specifically and explicitly allowed for early termination per military orders. Just because you feel that you have proven your case, and even if you're right, there are very few sets of circumstances that would bar the collection agency from taking collection actions and reporting the account as derogatory.
The collectors are not required to be nice or even helpful, and it's pretty hard to bring a successful lawsuit against a collection agency simply because you find them verbally abusive and accusatory. I am far from a friend of the collection agencies, but I highly doubt that you have any sort of viable claim. However, I would still recommend having an attorney review your case to see what your options are.
Best of luck!