Jump to content

Need Help with AFNI Collection Agency


Recommended Posts

AFNI recently placed 3 collections for delinquent Verizon accounts on my fiancee's credit report (just when it was almost completely cleaned up). Needless to say it has drastically affected his credit score. ANFI purchased all 3 accounts, which are old 2002 or earlier, so I don't think there are any SOL issues. The worst part is that none of these accounts are his. He's never had an account with Verizon.

I spoke w/ Verizon today and they stated they don't have any info re: these accounts accept that they were sold to AFNI.

Okay....here's the issue (Pls be gentle...I'm a newbie:) ).

I've been reading info the various forums, but I'm still confused.

1. We never had the opportunity to request validation w/in 30 days of notification of debt b/c AFNI mailed the letter to the wrong address. I know this b/c I called them. Yes...I now know I should not have called them. I told AFNI this and they basically said so what, I waived my write to demand validation under the FDCPA b/c they never received the letter back marked "returned to sender".

2. Now that it is beyond the 30 day mark I learned here that we can still request validation, but AFNI can take as long as they want to validate or not respond at all.

3. I have learned here that the easiest way to get items deleted is to note violations. So, where does the potential violation come in AFTER my 30 day opportunity to demand validation has passed? Is it a violation if I request validation from AFNI at this late date (after 30 days has passed), and they don't respond to me but they provide verification to the CRAs, per my credit bureau disputes of the collections? Or, can AFNI ignore me and verify these collections to the CRAs as long as the accounts are updated as "disputed"?

I'm very confused on this point. It seems like I'm getting two different outcomes. I need to know what I can do AFTER 30 days. I'm pretty clear on what happens w/in the 1st 30 days under FDCPA ( I think).

Pls help. U guys are great. And I'm not just saying this to get a response to my thread!! :D

Link to comment
Share on other sites

U guys are great. And I'm not just saying this to get a response to my thread!!

Yes you are, you liar!!! Just kidding. :p

Per the FDCPA, they only have to provide validation to you if you request it in the 30 day window. BUT they HAVE TO mark it as disputed, NO MATTER WHAT!!!!! Your CR HAS to day "customer disputes information" or something along those lines.

Have you dipsuted these entries with the credit bureaus yet? If not, do so. Dispute as "not mine", becuase it isn't.

I've personally never dealt with AFNI so I've got no real info on them. But search for them here and I'm sure you'll find lots of stuff on 'em.

PS - Though your fiance may never have had an acc't with verizon, is it possible he had one with someone else, who Verizon purchased?

Link to comment
Share on other sites

We already disputed with all 3 credit bureaus, and sent AFNI a letter stating that the account is not his and asked for deletion. We only received a response from one credit bureau so far and I don't the report shows these accounts as "disputed", but I'll double check to be sure. If the report doesn't state "disputed", then I'm assuming this is one of the "violations" I've been looking for? If so, great. Now I need MORE...MORE...MORE!!:evil:

So, what happens if AFNI continues to verify these accounts to the credit bureau, but they refuse to provide us with any info re: these accounts. Is this a violation? If so, is this under the FCRA? I'm just trying to piece this all together.

Link to comment
Share on other sites

Verizon stated that they would not provide such a later. They said once the accounts are sold they are no longer allowed to comment on them. :(

So basically are you saying that after the 30 days are up, they don't have to respond to our validation requests AND they can still continue to report and verify these accounts to the credit bureau each time we dispute them?

Link to comment
Share on other sites

No. Just 3 AFNI collections. Well it seems like it gets alot harder to get things removed (harder to find violations) after the 30 days have passed. I'm really upset about it too b/c we never received a letter and had the opportunity to demand validation in the first place, since they mailed the letter to the wrong address.

Link to comment
Share on other sites

They stated they have his correct social security number (as if that is hard for a crook to get in the age of technology). It's hard w/ landline telephone accounts b/c you don't have to sign anything to open the account. So, even if I ask for validation there is no signed contract for the CA to produce.

Link to comment
Share on other sites

No not me...they told him (so again, no violation). Maybe I'll argue that he never received proper notification of debt owed b/c they mailed it to the incorrect address, and the clock began to tick when he pulled his credit report.

Is there any caselaw re: what happens to ability to demand validation if initial notification is sent to the wrong address, and you learn about debt from other means (ie. credit report pull)? I can prove that he did not live at that address at the time. Any suggestions?

Link to comment
Share on other sites

Contact your local Police Dept. and file ID Theft Report, it is clear that some used his ssn#. After you file police report, go to below link and fill out, submitt copies of both to CRA and AFNI tell them to delete immediately or your gonna get ta suing!!!!!! By the way, Welcome fellow Marylander!!!!!

http://www.ftc.gov/bcp/conline/pubs/credit/affidavit.pdf

Link to comment
Share on other sites

Contact your local Police Dept. and file ID Theft Report,

Yes, I agree. You are also entitled to copies of every record they have regarding the account if you file a theft report.

But, DON'T LIE. If he's saying " I never had a Verizon account" simply because the company changed names and wasn't Verizon when he had it, don't go down that road.

Link to comment
Share on other sites

Thank you for numbering your points! I will respond in kind.

1) It doesn't matter. Should it come down to court, you can prove they mailed the letter to an incorrect address which rebuts the presumption of received. Your 30 days have not expired. In fact, telling you so is a violation of the FDCPA.

2) See above. If they engage in collection activity, they are committing violations.

3) See above. They don't have to respond to your request unless they actually receive verification from the creditor. Withholding the verification was deemed a violation in the 9th circuit. Absent that, they never have to respond to you in the 30 days or outside of it.

Link to comment
Share on other sites

In your DV request the name and address of the original creditor. It has to be invoked specifically and it's good practice to do so. Very important nowadays with all the mergers and acquisitions that go on.

I'm not 100% sure, but I think claiming ID theft on a Verizon acct, when you never had Verizon but they purchased Joe Blow Tellco years ago and never notified you would not be an issue down the road.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.