Notice of Intention to Sue

Mon, Aug 22, 2016 9:32 am
From: painkills2@aol.com
To: vistasmanager@crhmi.com, vmanager@corerealtyholdings.com, customercare@cubills.com
Cc: admin@rentcollectglobal.com, compliance@iqdata-inc.com, clientsupport@assurant.com
Re: Notice of Intention to Sue

August 22, 2016

VIA CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
and EMAIL

Kara Buchman, Apartment Manager
Abby Bailey, Assistant Manager
CORE Vistas at Seven Bar Ranch
10600 Cibola Loop NW
Albuquerque, NM 87114
vistasmanager@crhmi.com
vmanager@corerealtyholdings.com

Community Utility Billing Services
PO Box 1530
Hemet, CA 92546-1530
customercare@cubills.com

To whom it may concern:

I am in receipt of Ms. Bailey’s letter dated July 22, 2016, and sent to my previous address. I received this letter on August 15, 2016 at my new address, which has been previously provided to Ms. Buchman on numerous occasions. Since Ms. Buchman knows my new address, her decision to send past due notices to my old address is another example of her predatory and retaliatory actions against me for complaints I’ve made against her. Such actions culminated in her forcing a disabled person to move, incurring financial, physical, and mental harm — for no reason whatsoever, except revenge.

The Move-Out Statement indicated that a payment was due within 14 days. The July 22nd letter indicated that a payment was due within 7 days before measures are taken against me. Please provide me with the law that allows Core Vistas to demand payment within this very short time period. Also provide me with the law that gives Core Vistas the right to send notices to my old address when it has been notified of my new address.

Since I have disputed these charges, threatening action against me regarding this alleged debt is against the law. Ms. Bailey’s letter threatens to report me to SureDeposit and Rent Collect Global, which is why they are receiving a copy of this letter. (Ms. Buchman, does Assurant also provide you with professional liability insurance?)

In fact, according to the Fair Debt Collection Practices Act (FDCPA), because Ms. Buchman refused to respond to my request to verify the debt, Ms. Bailey’s letter (written under Ms. Buchman’s direction) is in violation of the FDCPA:

Wikipedia: “If a consumer sends a written dispute or request for verification within 30 days of receiving the ยง1692g notice, then the debt collector must either mail the consumer the requested verification information or cease collection efforts altogether.

My request for verification information was delayed by Ms. Buchman’s refusal to use my current address, which makes me think she believes this will protect her against an FDCPA claim. Is she right? I guess we’ll find out soon enough.

For the record, here are the emails that received no response:

Tue, May 31, 2016 1:40 am
To: vistasmanager@crhmi.com, vmanager@corerealtyholdings.com, customercare@cubills.com
From: painkills2@aol.com
Re: Move Out Statement (#***)

Ms. Buchman:

I’ve lived in apartments all of my life, and I’ve never had to pay for any damage upon move-out. Never. It is my contention that I left that apartment in a cleaner condition than it was handed to me upon move-in, with only wear and tear, not any damage that could be charged for under the lease.

I am in receipt of the one-page document entitled Move Out Statement that you mailed to me. I believe this statement does not include all the information that the law says must be provided to the tenant.

This will notify you that I’m disputing all charges. And to do that, I will need more information, including copies of invoices, work orders, and purchase orders, detailing the work done, who did it, when it was done, and what supplies were used. Also provide all contact information for your contractors, including email addresses.

In regards to the “final utility payment,” I reiterate my previous requests (beginning in October, 2015) both to you and CUBS for additional information on those bills.

In addition, please provide me with the registered agent for CORE Vistas and CUBS, as it looks like we’re all going to court.

Johnna Stahl

Wed, Jun 8, 2016 3:27 am
To: vistasmanager@crhmi.com, vmanager@corerealtyholdings.com, customercare@cubills.com, info@magrev.com
From: painkills2@aol.com
Re: Confirm registered agents for lawsuit

Ms. Buchman:

Since you have refused to respond to my request for the registered agents of the corporations I intend to sue regarding my previous tenancy at your apartment complex, I found the information myself:

CORE Realty Holdings Management, Inc.

Suncoast-USA Real Estate Group, Inc.
14802 N. Dale Mabry Hwy., #202C
Tampa, FL 33618

National Registered Agents, Inc.
4701 Cox Road, Suite 301
Glen Allen, VA 23060-6802

Community Utility Billing Services

Multifamily Ancillary Group Corporation
125 Lincoln Ave. Ste. 223
Santa Fe, NM 87501

You need to confirm that this information is correct as soon as possible.

Johnna Stahl
[supplied current address]

Of course, that’s not the only violation I’ll be claiming under the FDCPA against Core Vistas and CUBS, along with various other causes of action regarding my tenancy at Core Vistas. (I’m even thinking about reporting your property as a public nuisance due to it being a trash dump site and the recorded problems with bugs, rodents, and criminal activity.)

This letter will provide notification that I am in the process of preparing my lawsuit against Ms. Buchman, Core Vistas, and CUBS. But, I am hampered by the fact that I am not an attorney, along with my disability and your refusal to cooperate and provide additional information. (For instance, do you know if I need to file my FDCPA claim in federal court or can I include it in the petition to be filed in my local jurisdiction?)

I’m looking forward to the discovery process. I’m putting a lot of effort into creating an expansive list of discovery questions. I think the documents that will be provided in my lawsuit can be the basis for a class-action lawsuit, especially against CUBS. And I need to find out how many other tenants have been thrown out on the street due to unfair and illegal retaliation by Ms. Buchman.

Core Vistas and CUBS have had ample opportunities to supply me with supporting documentation for the charges on the Move-Out Statement and CUBS billings. Because they have not, they have lost their right to collect this alleged debt. But I know that the laws protect these corporations, even though there is no one to protect me.

After I file this lawsuit, I plan on making comments on every website that mentions this apartment complex and/or CUBS, and filing complaints with any agency that is involved in regulating the rental market. I’m not happy that I’m being forced to do all of this work just to protect myself, especially when I’ve done nothing wrong. But at least I can look at it as a public service. The disabled have few rights in this country, and so we are forced to protect ourselves. If our efforts at protection fall short, it’s not our fault.

Ms. Buchman, what you did was wrong. Kicking me out of my home of 3 years for no reason was wrong. Gouging ex-tenants for additional and needless move-out services is wrong. And as far as CUBS is concerned, I think it’s been ripping off tenants for years, and that’s wrong. Let’s see if any of the wrongs perpetrated against me are illegal, shall we?

Johnna Stahl
[supplied current address]

cc:
VIA EMAIL
Rent Collect Global
admin@rentcollectglobal.com
compliance@iqdata-inc.com

VIA EMAIL
SureDeposit
clientsupport@assurant.com

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