Lacapone Posted November 15, 2004 Report Share Posted November 15, 2004 Cingular Wireless claims that I had an account back with them in 2001 (never had.) They sold the account to AFNI. AFNI is reporting it to Equifax:Account Number: Cingular - XXXXXXXXXAcct Type: Open AccountAcct Status: OpenMonthly Payment: $0Date Open: N/ABalance: $115Terms: N/AHigh Balance: $115Limit: N/APast Due: $115Remarks: Consumer disputes this account information Payment Status: Collection Account At least 120 days or more than four payments past due They show no lates from Novemver 2003 all the way until August 2004! I have never even made any payments to them. I have sent 3 certified letters to them asking them to Validate that this is my account and they refuse to do so because they said I did not do it within 30 days. They do not contact me or send me any bills but yet they are still reporting this.To top it off Cingular is reporting it to Experian!They say it isn't thiers anymore and have no documentation on it or no signed contract that they can send me. They said they sold it to AFNI and AFNI has all the documents. Here is how Experian is reporting it:Account Number: XXXXXXXXAccount Type: Collection Department/Agency/AttorneyAcct Status: ClosedMonthly Payment: $0Date Open: May 2003 (Cingular told me this was from 2001!)Balance: $115Terms: 1 monthHigh Balance: N/ALimit: N/APast Due: $115Remarks: Account in dispute-reported by subscriber assigned to attorney, collection agency, or credit grantor's internal collection department.They show now payment history until June 6th 2003 Charge off and then none again until June and July of 2004 they show it as charge off again.I don't know how to get these two things off my report and it's really hurting me. I have called AFNI and they were down right Nasty to me!As for the Cingular is there anything I can do because they have the wrong date opend????? By two years!!! Where do I begin Please someone help me Link to comment Share on other sites More sharing options...
DocDon Posted November 15, 2004 Report Share Posted November 15, 2004 Report them to the FTC, and both your and their State Attorney General. The FDCPA only states they will "assume the debt is valid" if you do not dispute within 30 days. Doesn't say anything about "making it valid" or losing your rights to validation.Demand immediate deletion, or tell them you'll see them in court. Link to comment Share on other sites More sharing options...
Lacapone Posted November 15, 2004 Author Report Share Posted November 15, 2004 I told them that I was going to take them to court and the jerk that I was on the phone with at AFNI said " No you won't, you won't even pay your bills!" Nice huh. Then he said " and we are a bigger company than you think so that would be a big mistake. I have already reported them to the Illinois Attorney General's Office and the BBB. Link to comment Share on other sites More sharing options...
luckyduck Posted November 23, 2004 Report Share Posted November 23, 2004 Didn't you have another post about this somewhere, or was that someone else?AFNI never sent you a bill, or communicated with you. They have 5 days from first communication to send you a notice of your rights, and may assume the debt is valid if you do not dispute within 30 days of that notice. By not sending that notice within five days, they have already violated FDCPA, and yes you can sue them.Have they sent you letters saying that they won't validate? Wouldn't that just ice the cake. And they are still attempting to collect. Oh, yippee. Have you disputed with CRAs yet. If so, have they verified.I told them that I was going to take them to court and the jerk that I was on the phone with at AFNI said " No you won't, you won't even pay your bills!" Nice huh. Then he said " and we are a bigger company than you think so that would be a big mistake. This is not and never was your bill, am I right. I assume so, cause you never paid them, and you don't seem to know what the date of the service was supposed to be.So, what's up with that. You didn't friek out on him?? YES, I pay MY bills. This is not MY bill. And yes, I will sue you and your BIG company, and let YOU pay MY bills for a while, and take THAT bill and shove it up your And click (phone), jingle (car keys), shriek (car tires), (scratch scratch) courthouse pleadings.Don't talk to these people. They refuse to validate, and they are continuing to collect. Especially if this debt is not yours, and they won't even validate, the only choice you have is to sue them, or deal with this until THEY decide to stop. Put your foot down. Link to comment Share on other sites More sharing options...
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