AFNI DV'd reply Vague

[heathnca]

Hi All,

I'll try to be brief....Got a collect letter from AFNI, OLD debt '95. DV'd it they replied (here is where it get weird and vague and Kinda long) Please read on.

And I Quote "We received your dispute, but we are unable to investigate at this time." WHAT THE? "You have provided insufficient info to substantiate your claim." HUH?? "We will complete our investigation within 30 day of receipt of the following info" "1. specific info you dispute 2. an explanation of the basis of dispute 3. all supporting docs I.E. photocopy of Driver license, copy of passport, proof of residency." When I read that I was thinking..DUDE your supposed to prove that I owe YOU. Can anyone give me a clue on this.

Heath:?:

[divemedic]

This is a common tactic. This comes from the FCRA, not the FDCPA. Are they still on your CR?

[heathnca]

Last I checked (2/15/07) No they weren't. So aren't they supposed to give me more info on this debt not the other way around? The weird thing is in my DV letter I asked for what I needed, they in turn ask me for the info I want from them.

Heath

[SecretAgentWoman]

Boy, that response sounds familiar:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=263644

I think they are trying to bluff.

[SOC]

I think AFNI only send this letter. A friend got one from them last week. We sent them a thank you for you falure to validate letter, and i asked them to send me 1g for violations and imediate removal befor i sue,

They updated the disputed trade line 2 times with 3 CB, and have yet to mark the TL in dispute. and this letter is communication before validation. I think AFNI has a lot to learn.

[divemedic]

Who cares? DOFD of '95= unreportable AND beyond SOL.

Send em an FOAD letter.

[blondie813]

Who cares? DOFD of '95= unreportable AND beyond SOL.

Send em an FOAD letter.

divemedic=

I also got this exact same letter from Credit Collection Services in response to a DV I sent them. I responded with a letter asking how it was they could validate to the CRA's all this time if they needed more info from me to find the debt??? Do they really think people are that stupid??

[pc01bab]

I just found out that same company has showed up on my credit report. I have not recieved any letters from them in the mail. How hard are they to deal with?

[Guest Jary]

They sent me the same type of letter and I responded with this letter:

CERTIFIED MAIL

AFNI

404 Brock Drive

P.O. Box 3427

Bloomington, IL 61702-3427

Afni Acct No.: XXXXXXX

Dear Sir Or Madam:

I previously requested debt validation for this debt which you say is mine, and all I received was a request for details on why I requested debt validation. The reason: I doubt this is my debt and under the FDCPA, it is my right to request debt validation. Since you are reporting this information on my credit report, the burden of proof is on you.

Your request for details is not adequate debt validation. Please provide me with the following information, which I am entitled to according to the following case law:

“Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.”

Provide me with copies of any papers that show I agreed to pay what you say I owe. Example: A signed contract (showing my signature) from the original creditor (This I only did because they wanted me to send them a copy of my id or passport of proof of residency---passport which has my signature--hahah are they kidding me, why would I send them my signature, if they are reporting on your CR they should have most of this info)

A letter of assignment or sale of this debt to you from the original creditor

The complete payment/transaction history starting at the original creditor and continuing with you, so I may know, if in fact this debt is mine, that the debt balance is accurate.

How amount sought was calculated

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Without such documentation, under the FDCPA, you are not allowed to pursue collection activities.

Reporting this collection on my credit report, which is considered to be a continuation of collection activity, is a violation of section 809( of the FDCPA, following a request for debt validation, which states: collection agencies must cease collection activities. I am attaching an opinion letter from the FTC on the illegal practice of continuing to report these collections on my credit report without proper validation (Lefevre-Cass letter).

You are now in violation of the FCPDA, and are now subject to fines of $1000, plus actual damages and attorney’s fees, which I may collect from you by filing a claim in small claims court. These collections on my credit report are causing me severe problems in trying to purchase a home and the damage could lead into the $1000’s.

If you do not immediately remove this listing from my credit report, I will be forced to take legal action.

Sincerely,

ME

Enclosures: Previous Debt Validation Request

Copy of your Response

FTC Lefevre-Cass Opinion Letter

CC: Equifax, Experian, TransUnion

Hope that this helps. Mind you I am also fighting with Palisades and Midland how are also reporting that they are collecting on the SAME alleged debt. AHH Damn bottom feeders.