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AFNI "Validation"


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I sent a DV letter to AFNI because they called me at work. The debt is from a car lease and basically we objected to the turn in fee and some other bs. What is the SOL on a car lease?

Anyway, I sent AFNI a C&D and a validation letter. All the responded with was the final statement from the car leasing company. This is the 2nd JDB who has bought this debt. Aren't they supposed to send me proof as I requested that they own the debt, are licensed to collect in my state etc?

I would rather call the OC then deal with these scumbags!!!

Help please.

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I sent a DV letter to AFNI because they called me at work. The debt is from a car lease and basically we objected to the turn in fee and some other bs. What is the SOL on a car lease?

Anyway, I sent AFNI a C&D and a validation letter. All the responded with was the final statement from the car leasing company. This is the 2nd JDB who has bought this debt. Aren't they supposed to send me proof as I requested that they own the debt, are licensed to collect in my state etc?

I would rather call the OC then deal with these scumbags!!!

Help please.

Yep they are, i'm in the process of suing them for no response after sending 3 dv letters. And experian refuses to provide me with how the validated the debt, I'm going after all of them. This nonsense has to stop!

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The only validation they have to provide is the name of the OC and the amount of the debt. You can request proof of ownership, but they're not required to provide it for validation.

I suppose your lease is considered a signed contract, but you can contact a consumer attorney, ask that question, and then ask about the SOL. You may have to contact a number of them before one will actually provide an answer, but hopefully one will.

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1692g(B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor,...the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor...

Name and Address of the OC, this is the little thing that normally trips up the JDB, they print out something of their own that has the OC name on it, but fail to provide that address.

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As part of my DV letter, I always ask for proof of ownership and proof they can collect in my county. I know they do not need to provide it under FDCPA validation rules but if they don't give me the information then it probably means they don't have it which may be important later on in the battle.

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Guest usctrojanalum

If you do decide to send another letter, I would not send it certified. That would be lighting $5 on fire because they have already satisfied the DV requirements.

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As part of my DV letter, I always ask for proof of ownership and proof they can collect in my county. I know they do not need to provide it under FDCPA validation rules but if they don't give me the information then it probably means they don't have it which may be important later on in the battle.

Yes, it could mean they don't have proof of ownership, because the bills of sale rarely, if ever, show that proof. It could also mean they know they don't have to provide anything other than the name of the OC and the amount, and they're not going to send anything they're not required to send.

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I asked for it but they didn't provide it. Should I send another letter and remind them that I requested it already?

If I were disputing their TL on my CR, I would send another letter. If you ever decide to pay them, you would definitely want proof of ownership. But, considering this is about validation, and they've done so, I wouldn't waste my time.

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Yes, it could mean they don't have proof of ownership, because the bills of sale rarely, if ever, show that proof. It could also mean they know they don't have to provide anything other than the name of the OC and the amount, and they're not going to send anything they're not required to send.

True but knowledge is power.

If they send the proof of ownership, then I know that I can't fight that aspect of the case.

If they do not send it, then I need to decide if

1) They have it but chose not to send it since they made a conscious decision to meet the bare minimum legal requirement to my DV letter

or

2) They don't have it

Plus it gives the CA/JDB another chance to do something stupid.

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