sweetcheeks

Bye Bye AFNI Bye Bye

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I DV'd AFNI and they verified! was going to send a second DV but thought I'd go and give BBB a shot. Here's afni's response.

March 14, 2011

Shellese Ehart

Case Manager/Business Practices

BBB Complaint Department

bbb@heart.net

RE: Ms. Sweetcheeks Case# xxxxxxxx

Afni, Inc. Account xxxxxxxx-xx; Verizon New York Account xxxxxxxxxxx

Afni, Inc. Account xxxxxxxx-xx; AT&T Account xxxxxxxxxxxxx

This is in response to your letter to Afni, Inc., regarding the above referenced matter. We appreciate your assistance in bringing our consumer's concerns to our attention. In that regard, on or about January 31, 2011, Afni received a form letter from Ms. Sweetcheeks requesting validation of account xxxxxxxxxx in accordance with her rights under the FDCPA. Unfortunately, this account number did not match the accounts with Afni for Ms. Sweetcheeks. Additionally, her rights to request validation under the FDCPA expired years ago and any request for verification in accordance with the FCRA must contain the reason for a consumer's dispute; which Ms. Sweetcheeks's form letter did not.

Regarding Afni account xxxxxxxx-xx, on or about May 1, 2007, Verizon New York notified Afni this account remained due and owing from Ms. Sweetcheeks. Afni mailed Ms. Sweetcheeks an initial notice on November 17, 2007. This account is for telephone services established by Ms. Sweetcheeks with Verizon New York on April 6, 1994, at her previous address of 123 main st . This account was created with the creditor using Ms. Sweetcheeks's personal information including, but not limited to, her date of birth and social security number. The account was considered delinquent by the creditor on July 13, 2000.

Regarding Afni account xxxxxxxxx-xx, on or about March 1, 2008, AT&T notified Afni this account remained due and owing from Ms. Sweetcheeks. Afni mailed Ms. Sweetcheeks an initial notice on March 21, 2008. This account is for telephone services established by Ms. Sweetcheeks with AT&T (formerly Bell South) on February 5, 1997, at her previous address of 123 main st. This account was created with the creditor using Ms. Sweetcheeks's personal information including, but not limited to, her date of birth and social security number. The account was considered delinquent by the creditor on July 29, 2005.

In an effort to resolve this matter, Afni has made the decision to close both of these accounts. This action does not indicate the accounts were not due and owing, simply that Afni has ceased collections on the same. Afni has requested the credit reporting agencies remove information regarding these accounts from Ms. Sweetcheeks's credit file. I trust this resolves her concerns, but should she have further questions Ms. Sweetcheeks is welcome to call a Consumer Relations Spe******t at (866) 716-1284. Thank you.

Sincerely,

Tim Carmazino

Compliance Spe******t II

Afni, Inc.

404 Brock Drive

Bloomington, IL 61701

BYE BYE AFNI :)++:)++:)++

EVERYBODY DANCE NOW !!

:BigDance::BigDance:

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Sure- We all here to share right ?? :grouphug:I basically boosted the majority of it of the sample for the removal request letter.

Account is not mine. AFNI is violating the FDCPA, & FCRA by reporting & verifing, invalid information to all 3 credit bureaus.

Persuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) I sent a letter requesting validation Re: Account # xxxxxxxxxx

to AFNI. AFNI recieved my request (signed by Troy Patterson at 8:34 AM on January 31, 2011.) After reciving my validation request, I didn't get any of the information I requested, and by the way still legally entitled to. AFNI illegally verified this debt without validation. AFNI is still reporting this account on my credit report when they have not furnished me with any information that confirms that this debt is mine, that I have any legal obligation to this debt, or that they have any legal right to collect or continue reporting this debt.

I am respectfully requesting at this time for all references to this account to be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

SC

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I'm hoping this clears my account by thurs. can pull my 3-1 once a month and make sure it is off all three!!

woo hoo !

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Based on Afni's own letter they were in material non-compliance with the FCRA anyways.

An account delinquent in 2000 (verizon) with the original creditor cannot be re-posted by the collector eight years later to the credit bureaus. The collector is required to use the same delinquency date as the original creditor... which by the FCRA would have fallen off in 2007.

Similarly, they were not reporting the correct delinquency date for AT&T, which was also due to fall off the bureau reports.

Afni knew they had done wrong and just wanted to sweep it away before they got sued.

Edited by Methuss

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Methuss, I know you are right. They are wrong but I don't want to take them to court, didn't want to spend an extra $5 on cmrr for removal if I didn't have to. I thought the BBB was the next best option.

SC

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Based on Afni's own letter they were in material non-compliance with the FCRA anyways.

An account delinquent in 2000 (verizon) with the original creditor cannot be re-posted by the collector eight years later to the credit bureaus. The collector is required to use the same delinquency date as the original creditor... which by the FCRA would have fallen off in 2007.

Similarly, they were not reporting the correct delinquency date for AT&T, which was also due to fall off the bureau reports.

Afni knew they had done wrong and just wanted to sweep it away before they got sued.

Wait what?

So If I had a debt that was charged off (is that what constitutes delinquency date?) by OC in 2003 and bought by AFNI ... oops I mean generic JDB in 2006, then the line item by JDB falls off in 2010 and not 2013?

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Yup. It goes by the DOFD Date of first delinquency. For me in GA that is 6 years. So the verizon was already outside SOL and the AT&T would be outside SOL in 7/2010. For $199 it's not worth it for them to fight it. especially when it would cost them a min of 1000 if I countersued.

SC

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Most of the time a cell phone bill is considered a revolver or open account since new charges can be laid as old charges are paid off. But there is a catch the telco's seem to keep forgetting: Cell phone and landline bills are paid in advance for the basic/package services (you have a package plan that includes long distance etc. and you have no actual metered services).

Your first bill usually is prorated to include service from the start date plus the next billing period. Which is why it's always larger. If you don't pay for 30 days they cut of your service.

So how can you be delinquent on an account that is paid in advance? The answer is you can't. They consider the amount you are supposed to be advancing to them for the next 30 days to be "unpaid" and yet they haven't actually provided the service yet.

Now if they keep your service on for 60 or 90 days then maybe... but that usually doesn't happen. If you rack up metered services, then yeah it could be "unpaid"

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I haven't responded to the BBB yet but i need to do that soon. I don't like accepting thier offer to remove it when it includes that although they will cease collection activity including removing it from my report they still stand by the fact that this bill is still due and owing by me and I feel by agreeing they will either use it to reset the clock on a debt that is a hop skip and jump from the SOL promisland, and/or they will use it to undoubtly sell to another JDB.

Any ideas ?

PS - It came off both experian and equifax today, still holing on at TU.

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off TU today - makes it all three

still need to know the ramifications of agreeing to this isf they still feel that it is due and owing.

SC

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