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AFNI receives timely DV, ignores it, reports anyhow.

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I have a piece of zombie debt from Sprint PCS a couple of years ago when I switched cell phone carriers. The bill was for about $80 and was paid after I closed my account (albeit a bit late).

It's changed hands a few times and just won't die. A couple month ago I sent an untimely DV to the current JDB. They promptly deleted--and then sold the account to AFNI. I received AFNI's dunning towards the end of November and sent out my DV letter about a week later. Since Michigan requires that each collections office be overseen by a licensed collectors manager, I looked up the license holder for AFNI. The DV letter was addressed to him and sent CMRRR. I have the returned green card and a photocopy of the actual letter that was sent (along with the certified mail item number on it). I never heard back from them, but noticed that they started reporting to EX yesterday.

So now what? My instincts tell me to send an ITS addressed to the CEO or COO, but I wanted to hear if anyone else had other suggestions?

Edit: Make that December 10. I received their dunning on December 10 and they received my DV letter on or about December 20 (I don't have the green card in front of me at the moment). Even more damning since I doubt they could argue that their DV response got lost in the mail. They likely just automatically reported 30 days after sending out the dunning, ignoring my request entirely. I almost hope that they ignore my ITS too. :please::boxing:

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  • 2 weeks later...
according to FDCPA if the CRA delete the account they must notify you before putting it back on

That would only apply if the original CA(JDB) was still in the picture. Not the case here as a new JDB(AFNI) is reporting.

I would send a strongly worded letter addressing when you DV'd, when it was received and by whom. Inform them they have not validated the debt and are in violation of the FDCPA. Give them 15 days to delete and then follow up with the ITS.

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