AFNI (Again)

[Rick9972]

I searched for and found 15 pages of AFNI comments.

I also received their standard "send us all of this information and we will respond to you in 30 days letter" after I DV'd them.

I have the standard "You verified/updated with the CRA's, you have 15 days to provide info or delete letter" ready to go out in mail.

The one thing I have not found is any results from the standard reply letter. Could everyone let me know how it worked out?

This is for a 5 year old Cingular bill, that I am pretty sure is not mine.

Thanks

[virginiabound]

My DH received the same letter from AFNI.

I/we sent back the (as I like to call it) the 'ultimatum' letter...you verified with the CRAs (and I put in the dates that they did to show I was watching them closely), so either verify to my DH or delete within 15 days.

They were gone from all 3 CRAs within a few days of them receiving the letter.

[JTsdaddy]

My question is this.. The CRA, has verified AFNI, but I didnt send AFNI a DV letter, its been over 30 days, can I still send it, or should I dispute with CRA agian and get it re verified , then DV AFNI

[Rick9972]

Thanks for info Virginia.

I DV'd and disputed with CRA's at the same time.

[virginiabound]

What happened with my DH is we were monitoring his credit via TC and I happened to notice that AFNI showed up on one of his reports...then the other two. It was for Verizon, and DH had never had a Verizon (or umbrella company) before.

He called Verizon, they confirmed to him that once they sell a debt to a collection agency, they purge their files. Verizon was 'supposed' to send him a letter stating they had no record of him ever having a Verizon account, but that never happened.

AFNI never sent a dunning letter to DH so I went ahead and used the reporting on his credit reports as first contact.

AFNI came back (past the 30 day mark mind you) with the 'we can't investigate and we need info from you' letter.

I immediately sent them our ultimatum letter and as I posted previously, they were gone from all three reports within days of receiving our last letter.

Easy Peasy for us, but I know others have had trouble.

[Rick9972]

The next chapter:

I mailed the "Ultimatum" letter this morning and when I got home from work today I had a letter in the mail from AFNI.

Dear Valued Customer,

This is in response to your recent inquiry regarding AFNI account number xxxxxxxx. We have verified with the creditor the following information:

Creditor: Cingular

Original Creditor: Cingular 1801 Valley View Lane Farmers Branch, TX

Creditor Account # xxxxxxxxx

Balance: $$$$$$

This letter serves as verification of the debt. Upon mailing of this letter, in accordance with 15 USC 1692g, AFNI will resume collection activities.

Now I have several problems with this letter besides the fact it is on AFNI letterhead.

First of all the only information provided is what is on my CR. This cannot be adequete Validation is it?

Secondly, AFNI purchased this debt from Cingular a good time ago according to my CR, so thus they are the Creditor not Cingular.

Thanks for your help.

[virginiabound]

What they have sent you is NOT validation of the debt.

Did you send the 'ultimatum' letter CMRRR? If so, wait until you get the green card back, and keep an eye on your reports...see if AFNI drops.

I don't get why they sent you the "We can't investigate, we need info from you" letter and then send that POS as verification later.

AFNI boggles the mind sometimes

[pointman]

They sent me the same "we need your info" letter.

My response was a complaint with the BBB and Illinois AG's Office.

I didn't send them anything. They finally caved after the AG complaint and my letters to the OC advising them of my intent to sue and file a claim against their bonding company.

I'm not sure which "straw" finally broke their back, but they nuked off.

[Rick9972]

LOL was looking at the letters and they were mailed the same day. *shakes head*

I asked the postwoman about buying stock in the USPS today. I send all my letters Cmrrr.

I am tempted to call Cingular and see if they have any records of this account.

[Lyssarene]

I filed AG complaint, AFNI has not yet backed off -- they replied to AG with BS

[lolah]

I/we sent back the (as I like to call it) the 'ultimatum' letter...you verified with the CRAs (and I put in the dates that they did to show I was watching them closely), so either verify to my DH or delete within 15 days.

They were gone from all 3 CRAs within a few days of them receiving the letter.

Do you have an example of this letter?

[virginiabound]

Sure do!

AFNI, Inc

P.O. Box 3427

Bloomington, IL 61702

September 5, 2007

Re: Account# 2017******

To Whom It May Concern,

This is in regards to your letter dated August 21, 2007. I have no knowledge of this debt and request that you validate this debt as required by the FDCPA.

If, as stated by your letter to me on August 21, 2007, you are unable to investigate and validate this dispute with me, then how were you able to verify this debt with Transunion on 08/01/07, Experian on 07/29/07 and Equifax on 08/01/07?

I request that you either validate this debt to me properly within 15 days of receipt of this letter, or delete this information from Transunion, Experian and Equifax.

Sincerely,

DH of Virginiabound

[lolah]

Thanks!

[dbx]

DEBT COLLECTOR DISCLOSURE STATEMENT

This statement and the answers contained herein may be used by Respondent, if necessary, in any court of competent jurisdiction.

Notice: This Debt Collector Disclosure Statement is not a substitute for, nor the equivalent of, the hereinabove-requested verification of the record, i.e. “Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition” (Black’s Law Dictionary, Sixth Edition, 1990), re the alleged debt, and must be completed in accordance with the Debt Collection Practices and demands as cited above Disputed Debt. Debt Collector must make all required disclosures clearly and conspicuously in writing re the following:

1. Name of Debt Collector: ……………………………………………………………….……………………………………...

2. Address of Debt Collector: ……………………………………………….……………………………..……………………….

3. Name of alleged Debtor: …………………………………………………………..…………………………………………..

4. Address of alleged Debtor: ……………….……………………………………...………………………………………………

5. Alleged Account Number: ………..…………...………………………………………………………………………………...

6. Alleged debt owed: $………………………………….……………………………………………………..…………..

7. Date alleged debt became payable: ……...…………………………….………..……………..…..……………………………….

8. Re this alleged account, what is the name and address of the alleged Original Creditor, if different from Debt Collector?

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………...

9. Re this alleged account, if Debt Collector is different from alleged Original Creditor, does Debt Collector have a bona fide affidavit of assignment to enter into alleged original contract between alleged Original Creditor and alleged Debtor?

YES NO

10. Did Debt Collector purchase this alleged account from the alleged Original Creditor? YES NO N/A (Not Applicable)

11. If applicable, date of purchase of this alleged account from alleged Original Creditor, and purchase amount:

Date: …………………………………………………… Amount: $………………………………

12.Did Debt Collector purchase this alleged account from a previous debt collector? YES NO N/A

13. If applicable, date of purchase of this alleged account from previous debt collector, and purchase amount:

Date: …………………………………………………… Amount: $………………………………

14. Regarding this alleged account, Debt Collector is currently the:

Owner; ( Assignee; © Other – explain: …………………………………………………….….

…………………………………………………………………………………………………………………………………… ………

15.What are the terms of the transfer of rights re this alleged account? ……….………….……….……………………………….

16. If applicable, transfer of rights re this alleged account was executed by the following method:

(a) Assignment; ( Negotiation; © Novation; (d) Other – explain:…………………….…………………...……………............……………… ………………………………………………………………………...……………………………………

17. If the transfer of rights re this alleged account was by assignment, was there consideration? YES NO N/A

18. What is the nature and cause of the consideration cited in # 17 above? ………………………….……….………..………………………………………………………………………………………………...…………………………………………………………………………………………………………..…………………………………….………...………………………………………………

19. If the transfer of rights re this alleged account was by negotiation, was the alleged account taken for value? YES NO N/A

20.What is the nature and cause of any value cited in #19 above? ……………………….………………………………………...………………………………………………………… …………………………………………………………………………………

21.If the transfer of rights re this alleged account was by novation, was consent given by alleged Debtor? YES NO N/A

22. What is the nature and cause of any consent cited in #21 above? …………………………………………………………………………………………………………………………………….………………………………………………………………………

23. Has Debt Collector provided alleged Debtor with the requisite verification of the alleged debt as required by the Fair Debt Collection Practices Act? YES NO

24. Date said verification cited above in # 23 was provided alleged Debtor: …………………………….………………………....

25. Was said verification cited above in # 23 in the form of a sworn or affirmed oath, affidavit, or deposition? YES NO

26. Verification cited above in # 23 was provided alleged Debtor in the form of: OATH AFFIDAVIT DEPOSTION

27. Does Debt Collector have knowledge of any claim(s)/defense(s) re this alleged account? YES NO

28. What is the nature and cause of any claim(s)/defense(s) re this alleged account? ……...…………………………………….……………………………………………………………………………….……………………………………………………………………………………………………………

29. Was alleged Debtor sold any products/services by Debt Collector? YES NO

30. What is the nature and cause of any products/services cited above in # 29? …….…………………………………………………………………………………………………………………………….…...…………………………………………………..……...……………………………………

31. Does there exist a verifiable, bona fide, original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtor’s bona fide signature? YES NO

32. What is the nature and cause of any verifiable commercial instrument cited above in # 31? .……………………………….…………………………………………………………………………………...…… ………………………...………………………………………………………

33. Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and alleged Debtor? YES NO

34. What is the nature and cause of this evidence of an exchange of a benefit or detriment as cited above in # 33? …………………………………………………………………………………...……………………………...…… ……………………………………………………………………………………

35. Does any evidence exist of verifiable external act(s) giving the objective semblance of agreement between Debt Collector and alleged Debtor? YES NO

36. What is the nature and cause of any external act(s) giving the objective semblance of agreement from #35 above? …………………………………………………………………………………………………………………………………… …………………………………………………………………………

37. Have any charge-offs been made by any creditor or debt collector regarding this alleged account? YES NO

38. Have any insurance claims been made by any creditor or debt collector regarding this alleged account? YES NO

39. Have any tax write-offs been made by any creditor or debt collector regarding this alleged account? YES NO

40. Have any tax deductions been made by any creditor or debt collector regarding this alleged account? YES NO

41. Have any judgments been obtained by any creditor or debt collector regarding this alleged account? YES NO

42. At the time the alleged original contract was executed, were all parties apprised of the meaning of the terms and conditions of said alleged original contract? YES NO

43. At the time the alleged original contract was executed, were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? YES NO

44. At the time the alleged original contract was executed, were all parties apprised that said alleged contract was a private credit instrument? YES NO

45. Statute of Limation is this alleged debt this valid within the limits of the SOL. YES or NO_______

Debt Collector’s failure, both intentional and otherwise, to complete/answer points “1” through “45” above and return this Debt Collector Disclosure Statement, as well as provide Respondent with the requisite verification validating the hereinabove - referenced alleged debt, constitutes Debt Collector’s tacit agreement that Debt Collector has no verifiable, lawful, bona fide claim re the hereinabove-referenced alleged account, and that Debt Collector tacitly agrees that Debt Collector waives all claims against Respondent and indemnifies and holds Respondent harmless against any and all costs and fees heretofore and hereafter incurred and related re any and all collection attempts involving the hereinabove-referenced alleged account.

Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this State that the statements made in this Debt Collector Disclosure Statement are true and correct in accordance with the Undersigned’s best firsthand knowledge and belief.

____________________________________ ____________________________________

Date Printed name of Signatory

____________________________________ ____________________________________

Official Title of Signatory Authorized Signature for Debt Collector

Debt Collector must timely complete and return this Debt Collector Disclosure Statement, along with all required documents referenced in said Debt Collector Disclosure Statement. Debt Collector’s claim will not be considered if any portion of this Debt Collector Disclosure Statement is not completed and timely returned with all required documents, which specifically includes the requisite verification, made in accordance with law relevant part: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt,” which includes “the false representation of the character, or legal status of any debt,” and “the threat to take any action that cannot legally be taken,” all of which are violations of law. If Debt Collector does not respond as required by law, Debt Collector’s claim will not be considered and Debt Collector may be liable for damages for any continued collection efforts, as well as any other injury sustained by Respondent. Please allow thirty (30) days for processing after Respondent’s receipt of Debt Collector’s response.

Recording Requested by, and when Recorded Return to:

Your Name

Your Address

Your city, state & zip

[Rick9972]

Please review and let me know what you think.

AFNI, Inc

P.O. Box 3427

Bloomington, IL 61702-3427

November 19, 2007

Re: Account# xxxxxxxxxxxx

To Whom It May Concern,

This is in regards to your letter dated November 7, 2007. I have no knowledge of this debt and request that you validate this debt as required by the FDCPA.

Your “verification” letter to me dated November 7, 2007, contains at least one false statement that I have documented proof of. False representation of a debt is a violation of 15 USC 1692e. I currently have one documented violation of 15 USC 1681s-2. I once again request that you investigate and provide a level of validation that a reasonable person would accept.

I request that you either validate this debt to me properly within 10 days of receipt of this letter, or delete this information from Transunion, Experian and Equifax. Please note that proper validation of this debt will not restrict my ability to take recourse for violations committed by your company.

I have enclosed a standard Debt Collector Disclosure Statement form for you to complete and return. This form is not a substitute for the information requested above.

Sincerely,

xxxxxxxxxxxx

[Amerikaner83]

I thought regardless of status (assigned or sold) that the OC would not change. Am I missing something?

The OC in this case is not in the picture. It's just AFNI (which is a JDB).

[Rick9972]

Yes AFNI is trying to play musical "Creditors" on me. The OC is staying the same. AFNI is reporting and stating that they are a CA trying to collect for the OC in two places. In two other places they are reporting that they have purchased the debt and are now the creditor.

They seem to be changing it around to meet their needs at the moment.

[hasas13]

I hope AFNI get nuked of the map. I also filed a complaint with the AG here in IL. Pointman good to have someone from IL complaining against AFNI.