Debt collection -- Attempts to collect debt not owed -- Complaint #10440621
Complaint Overview
Complaint ID: 10440621
Company: Hw Holding, INC
Product: Debt collection
Sub-Product: Rental debt
Issue: Attempts to collect debt not owed
Sub-Issue: Debt was paid
State: New Jersey
ZIP Code: 07202
Date Received: 2024-10-13T12:00:00-05:00
Date Sent to Company: 2024-10-13T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
To Whom It May Concern, I am writing to formally dispute the collection account in the amount of {$17000.00} reported by XXXX XXXX XXXX and originally opened with XXXX XXXX XXXX XXXX. I believe these charges are both inaccurate and illegal, and I am seeking immediate resolution to remove this derogatory account from my credit report and cancel any claim of balance due. This collection account has severely impacted my ability to secure housing, as I was recently denied a home application due to this account appearing on my credit report. Under the Fair Credit Reporting Act ( FCRA ), 15 U.S. Code 1681c-2, incorrect information on a credit report must be corrected or deleted promptly to prevent further harm to consumers. I request immediate deletion of this collection account today to avoid further detriment to my financial standing and housing opportunities. I contest the validity of this account for several reasons, all supported by New Jersey state law, including consumer protection laws and tenant-landlord statutes : 1. Proof of Payment : XX/XX/year> XXXX XXXX have conclusive evidence from my bank account showing that I paid rent for XX/XX/year> via check. Despite this, I was wrongfully charged for unpaid rent. Under New Jersey state law ( N.J.S.A. 46:8-28 ), landlords must provide tenants with written receipts for rent paid by check. This payment eliminates any claim for unpaid rent during that period, and I demand that this charge be immediately removed from my record. XXXX. Illegal Late Fees : Violations of New Jersey Tenant-Landlord LawsNew Jersey tenant protection laws limit late fees that landlords may impose. Specifically, excessive daily late fees are unlawful. According to New Jersey tenant-landlord law, late fees must be reasonable and must not be charged in a manner that amounts to a penalty rather than compensation for delayed payment ( N.J.S.A. 46:8-21.1 ). I was charged daily late fees beyond what is reasonable and allowed by law. I demand that any late fees applied be rescinded and removed from the balance. XXXX. Wrongful Rent Charges : Vacated as of XXXX XXXX vacated the apartment as soon as I received the sheriffs letter in XX/XX/year>, and I never re-signed any lease. I had informed the landlord prior to the eviction that I was not going to re-sign the lease. As per New Jersey tenant laws ( N.J.S.A. 2A:18-61.1 ), tenants are not liable for rent after vacating, and I should not have been charged for rent after that period. All charges related to rent after XX/XX/year> are invalid and should be canceled immediately. 4. Legal Consultation and Unlawful Collection PracticesI have been in contact with the state of New Jersey regarding these legal issues and have been advised to consult with a lawyer due to the illegal nature of these charges. I am requesting that Hunter Warfield Inc. cease all collection activity on this account until these disputes are fully resolved. Under the Fair Debt Collection Practices Act ( FDCPA ), you are prohibited from engaging in unfair practices, including the collection of invalid or illegal debts. Failure to comply with state and federal law may result in legal action on my behalf. Given the significant financial harm this erroneous collection has caused, including my recent home denial, I expect this dispute to be resolved urgently. Please remove the collection account from my credit report immediately and provide a written response, including evidence supporting any claim of the validity of this debt within 30 days. Thank you for your prompt attention to this matter. Sincerely, XXXX XXXX
Frequently Asked Questions
What is Complaint #10440621 about?
Complaint #10440621 was filed against Hw Holding, INC regarding Debt collection specifically about Attempts to collect debt not owed. It was received by the CFPB on 2024-10-13T12:00:00-05:00.
How did Hw Holding, INC respond to this complaint?
The company responded with: "Closed with explanation". The response was timely.
What is the risk level of this complaint?
See the risk assessment section for details on this complaint's risk profile.
How do I file a similar complaint?
You can file a complaint with the CFPB at consumerfinance.gov/complaint. Select the appropriate product category (Debt collection) and describe your issue in detail.
Can I see other complaints against Hw Holding, INC?
Yes, visit the Hw Holding, INC company profile at readthecomplaint.com/company/hw-holding-inc to see all complaints, risk scores, and analysis.
Disclaimer
This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.