The Patrick Henry

Review: Ms. Michelle Rose, Chief Operations Officer (includes The Patrick Henry) where I reside in Apartment [redacted] INFORMED US OF A CHECK THAT WAS LOST FOR RENT IN APARTMENT [redacted] $1110.00 NO. [redacted]. I have never been late and have copies of checks written and cashed by The Patrick Henry from Sun Trust Bank. In Nov. 2011 I handed two checks to Ms. [redacted] - one for Dec. 1, 2011 in envelope and second for Jan. 1, 2012 as I would be in Europe over the holidays. The check for Jan. 1, 2012 number [redacted] in the amount of $1110.00 was presented to us by Ms. Michelle Rose and told us the check was lost and found when The Patrick Henry changed hands. on July 10, 2013 we found in the door a notice FIVE-DAY NOTICE TO PAY OR QUIT IN THE AMOUNT OF $55.00(LATE FEE). My wife [redacted] had our banker make copies of every check cashed by The Patrick Henry and she handed Ms. Rose and Ms. [redacted] copies at 2PM 7/11/13. She was told that they would gladly deduct $666.00 LATE FEES FROM $1701.00 and all would be settled if she paid $1035.00. How can I pay LATE FEES WHEN I NEVER WAS LATE WITH ONE RENT PAYMENT SINCE JULY 9, 2011? I feel this is a form of FRAUD - FIRSTLY I WAS NEVER INFORMED FOR NEARLY TWO YEARS THAT I WAS BEING CHARGED A LATE FEE EVERY MONTH FOR 2 YEARS. Is it possible to charge a LATE FEE WHEN ONE HAS EVERY MONTH PAID THE RENT ON THE FIRST OF THE MONTH WITHOUT FAIL.Desired Settlement: Since I never was informed of the LATE FEE WHY SHOULD I FEEL GRATEFULL THAT THE PATRICK HENRY IS BEING KIND TO ME BY SUBTRACTING $666.00 LATE FEE FROM $1701.00 WHEN THE LOST CHECK WAS ONLY $1110.00 TO BEGIN WITH. I THINK THE LOST FEE SHOULD NEVER HAVE BEEN CHARGED AT ALL SINCE I WAS NEVER LATE WITH ONE PAYMENT. THE MANAGER OF THE PATRICK HENRY LOST CHECK NUMBER [redacted]. I SHOULD NOT BE PENALIZED FOR HER INCOMPETENCE. THEY ALSO CHARGED ME LATE FEES THAT ONLY CAME TO LIGHT 7/10/13.

Business

Response:

This response is meant to clarify some of the points made by Mr. [redacted] in the complaint given on 7/11/13. It is true, the [redacted]'s left two checks with [redacted] Rose before they left on vacation. [redacted] started the position of Property Manager on 1/1/12 while the [redacted]s were away. On 4/1/12, our accounting firm notified [redacted] that the [redacted]s had not paid rent for January. I e-mailed the [redacted]s 4/16/12 to please check their bank records to see if the check had been cashed. I have written verification in an e-mail that the check in fact had not been cashed and I reported that to [redacted] Rose. I searched the office and did not find a check. This continued to be an issue with accounting but since we did know that the [redacted]s did in fact give [redacted] an envelope with a check, we were patient in the research of the funds. On several occasions, both [redacted] and I discussed the missing rent with [redacted]. In March 2013, The Patrick Henry switched accounting firms. An envelope was given to [redacted] at the conclusion of our business with them and stuck in the bottom of of one of the envelopes were a few rent checks that were never cashed. The other tenants that this affected had already cancelled their checks and issued The Patrick Henry new checks. The issue of the late fees were that the accounting system automatically put late fees on the ledger and [redacted] was explaining that we could not delete the late fees off the ledger so she needed to issue a credit to clear the fees from the account. [redacted]

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.If Ms. [redacted] sent e-mail regarding lost check #[redacted] in the amount of $1110.00 4/16/12 she must have forgot to press SEND as I never received an e-mail regarding the Lost Check until 3 weeks ago when Ms. Rose came to our apartment and presented the tattered check with a questionable excuse about how it was lost and found. She did not ask us to replace the check in question. On Friday at 5PM July 5, 2013 we found stuck in door 3 accounting sheets with LATE FEE CHARGES NOT ONLY TO APARTMENT [redacted], BUT LATE FEE CHARGES TO APARTMENT [redacted] and an EVICTION NOTICE - copies sent to Revdex.com. Rental checks to Patrick Henry from [redacted]. and [redacted] T*. [redacted] were NEVER LATE since we moved to Patrick Henry July 9, 2011. I met with Ms. [redacted] and Ms. Rose (cc sent to Revdex.com) Monday July 15 with letter that I was willing to pay $1110.00 minus $666.00 LATE FEES which would equal $444.00. Ms. Rose refused my offer. I sent copy to Revdex.com. I DO NOT OWE LATE FEES AND REFUSE TO PAY LATE FEES. Ms. Rose keeps said the LATE FEES BECAUSE OF COMPUTER ARE AUTOMATICALLY CHARGED. I happen to believe this is FRAUD or CREATIVE ACCOUNTING TO FORCE ME TO PAY FOR SOMETING THAT WAS NOT MY FAULT, BUT THE INCOMPETENCE OF MS. ROSE AND MS. [redacted]. If we could find the phone number of Mr. [redacted] whom we believe to be the owner of The Patrick Henry we would like to meet with him, but we have tried, been unable to find his phone number to arrange a meeting. [redacted]. and [redacted]

Business

Response:

I have attached the front/back copy of the check that I presented to Ms. [redacted] as well as a copy of their ledger. This began last Feb 2012 when we realized there were ten checks missing. We used a third party billing company but always copied any checks and dated the folder before taking to the billing company. All ten missing checks had been copied so I knew they had been delivered to the accounting company. We then contacted each tenant to provide proof that their check had been cashed. [redacted] was contacted. The replacement check was never given. Within the last two months, we brought our accounting service in house. At that time, the accounting company gave our envelopes back to us. I went through the envelopes and found the checks that had been missing. When I contacted Ms [redacted], I showed the check had not been cashed and requested a replacement again. We looked through her statement and she discovered that the check number had been skipped; again, showing the check had not been cashed. We have tried to give the [redacted]s every opportunity to take care of this because, initially, they did everything right. They gave us the check and could not help that another company had misplaced. However, even the proof of check in hand would not convince Ms [redacted] that they still owed for Jan 1, 2012 rent. The accounting firm software will automatically apply late fees if the charges are not paid by the 5th of the month. Obviously, we were not going to bill the [redacted]s for these late fees. We cannot delete charges so we had to apply a credit against the fees to cancel them. So, the [redacted]s have not made a payment in the amount of $666 and are not due this amount. It was simply to remove late fee charges. The check amount is $1110. The [redacted]s overpaid by $25 on one occasion and I have given them a $50 credit bringing the total due to $1035. We are only asking that the [redacted]s pay $1035 so that we can close this account. We feel we have given ample time and it is time for this to be resolved. If you have any further questions, please do not hesitate to contact me. Michelle Rose

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.Regards,[redacted]

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

Previous complain [redacted] was completed 7/23/13, but I have tried since yesterday to give check to Ms. [redacted]. I was told today July 25 at 12 Noon by Ms. Lisa [redacted] that she can not accept my check for $1035 and can not speak to me without an attorney. Ms. [redacted] wrote to Revdex.com saying "we have given the [redacted] ample time and it is time for this to be resolved". Apparently she does not wish to resolve the matter so is it possible to reopen [redacted] or is this going to be assigned a new complaint number. Thank you.[redacted]

Desired Settlement

That Ms. [redacted] sign our request that no one be allowed to enter our apartment [redacted] as we are missing some items except in the case of water damage or fire. She is apparently not willing to sign this request. I have check written in the amount of $1035 as per Ms. [redacted]'s response to Revdex.com, but Ms. [redacted] just told me she can not discuss the matter with me. I have called Ms. [redacted] and left a message for her to call me. I think I'm being fair as I was charged $666 late fees for a check that was lost by Ms. [redacted] in Dec. 2011 for payment of rent for Apartment [redacted] month of January as I would not be returning from Europe until late January 5, 2012 and wanted to be sure rent was paid without being charged late fees. As Ms. [redacted] said in her response, "they (meaning the [redacted]") DID EVERYTHING RIGHT, so what is her problem now?????

Desired Settlement: Replacement

Business

Response:

We are pleased with the outcome and they paid less than what they initially owed so I believe they are pleased as well.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I consider this complaint resolved.Regards,[redacted]