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Please critique my #2 DV letter to AFNI. Thanks! :)


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I swear, my brain is mushy from trying to decipher and absorb all the infomation on this site and I'm constantly 2nd guessing my self. Hopefully some experts can chime in and give me some much needed direction.

I sent AFNI a simple, timely dispute letter on September 4, 2008. Yesterday I received a letter stating that my dispute was delayed and they wanted more info from me. This is my response...

________________________________

Me

My Address

My Town, My State 12345

Via USPS certified mail #xxxx xxxx xxxx xxxx xxxx xxxx

October 10, 2008

RE: Account #: xxxxxxx

Dear AFNI, Inc.,

You received a timely request for validation from me on 9/8/08. You responded to that request with a request for more information on 10/6/08. I am refusing to provide you with any supporting documents, as you have more than enough information and have had sufficient time to substanitate my claim.

You have not, by any means, managed to prove to me that I owe this alleged debt to your organization. You have not provided me with a signature that undoubtedly proves that I have some sort of contractual obligation to pay you. This debt is unverified and reporting it to any Credit Reporting Bureau is a direct violation of the FDCPA.

Continuing collection attempts on this account can and WILL be considered violation under the FDCPA. Verifying the account with the credit reporting agencies has been found by many courts to be considered continuing collection activity which is also a violation of the FDCPA.

You now have 15 days to provide adequate validation of this debt or remove the negative tradeline from my Experian and Equifax credit reports before further action is taken on my part. I look forward to an uneventful resolution of this matter.

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt.

Sincerely,

thatgirldina

___________________________

This is the first time I've had to send a 2nd DV letter and am reading conflicting advice regarding sending it to the CA vs. sending a complaint to the BBB and AG.

Honestly, this is a teeny debt ($80), and definitely out of SOL. It's been deleted from TU after a simple dispute, but remains on EX and EQ (with one reporting as an installment account with a 120 day late). I just want it gone and the faster the better. If they do come up with proper validation, I will attempt a PFD agreement.

Any help would be greatly appreciated! :)

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It's actually not a bad letter at all. Shows you actually understand what's going on, that is if someone actually reads it.

I don't see it happening with AFNI though. Most likely it'll be scanned over, pre-sorted into the "dispute" pile, and you'll get the standard form letter if you get anything at all.

As you get a hang for it, most people tend to find less is more. They know the law, or should, no need teaching them. And if the mess up, all the better for you when/if it does go to court.

But overall, good job on the letter.

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It's actually not a bad letter at all. Shows you actually understand what's going on, that is if someone actually reads it.

I don't see it happening with AFNI though. Most likely it'll be scanned over, pre-sorted into the "dispute" pile, and you'll get the standard form letter if you get anything at all.

As you get a hang for it, most people tend to find less is more. They know the law, or should, no need teaching them. And if the mess up, all the better for you when/if it does go to court.

But overall, good job on the letter.

Thanks LUEser! I'm hoping that they just go away, but I'm not counting on it. If they don't respond, I'm assuming that I send all the letters and such to EX and EQ and dispute again, am I right?

This forum has been such a huge help. I've been lurking since early August, and just through reading I've managed to up my score across the boards by about 60 points. Only 2 more baddies to go and I'm completely clean! xdancex

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