MMkillen Posted September 7, 2012 Report Share Posted September 7, 2012 Hello- I sent a DV letter out to AFNI and here is the response I received:Dear Valued Customer,This is in response to your recent inquiry regarding AFNI account number xxxx. We have verified with the creditor the following information:Creditor: xxxxxxOriginal Creditor: xxxxxxxxCreditor Account# xxxxxxxxxxBalance Due: $xxxxxThis letter serves as verification of the debt. Upon mailing of this letter, in accordance with 15 USC 1692g, AFNI may resume collection activities.If you have any questions, please contact bla bla bla...This is an attempt to collect a debt bla bla bla....The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it. If you do not pay the debt, we, AFNI inc, may continue to report it to the credit reporting agencies as unpaid.Sincerely,AFNI, Inc.--------------------------------------------------------------------------------------------Ok what can I do now? Do I need to try and settle with them now? They still have not provided any actual proof that I ever had this account! It's ok for them to print on a piece of paper yep it's yours because they said so?? I'm pissed right now! Link to comment Share on other sites More sharing options...
jester801 Posted September 7, 2012 Report Share Posted September 7, 2012 The standard for debt Validation is incredibly low. Since they state at the bottom that they are not going to sue you for it they realize that the SOL on the debt has expired. If it were me and they were to ding MY credit report I would sue them for it using the FCRA. Unless they attack your credit there is nto much you can do about it right now. Link to comment Share on other sites More sharing options...
antiquedave Posted September 7, 2012 Report Share Posted September 7, 2012 What was the original dunning letter like?Now that you know they can't sue, you can always send them a cease and desist, no pint in talking with them unless you want to give the another opportunity to violate Link to comment Share on other sites More sharing options...
MMkillen Posted September 7, 2012 Author Report Share Posted September 7, 2012 Here is what I sent them:To AFNI:On xxxxxx I received my Credit Reports and to my surprise there is a negative mark from your company.This is to inform you that I dispute the debt because I am not the person who has ever had xxxxxxxxx or ever signed any agreement with xxxxxxxxx. I am hereby requesting that you confirm the fact that I owe this debt as required by any applicable state and federal laws. Please contact the creditor to obtain verification.In addition, under the provisions of state and federal Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and related consumer statutes, I am hereby instructing you to cease collection of the debt while efforts are made to obtain verification. Until you resolve this error with the creditor, you should neither contact me nor anyone else except the creditor about this collection.Furthermore, any reporting of this matter to credit reporting agencies is premature. Until you have investigated my dispute, you should not relay negative information to a credit reporting agency. If negative information has already been reported, you must notify the agency to remove said report until the investigative process is over so that my credit report remains accurate, or at the very least, my credit report should be updated to reflect my dispute.Your next contact with me should be to either notice that the creditor has failed to provide verification of the debt and that the matter has been closed or that you believe that this debt is valid and are providing proof of my responsibility. If the former, please confirm that I am not being held responsible for the debt in writing and also that if the account has already been noted on my credit report, that you will contact the bureau(s) in question to have the account removed. If the latter, I expect that you will provide me with an explanation as to why you have decided not to remove this account from collections and a copy of all documents relevant to the debt such as the application, bills, records of communications and payments, and any other data that indicates my responsibility.I am instructing you not to contact any third parties such as my employer, neighbors, friends or family members. In addition, you may not contact me by phone at work or at my home about this collection activity. All future correspondence should be sent to me in writing.Sincerely, Link to comment Share on other sites More sharing options...
Flyingifr Posted September 8, 2012 Report Share Posted September 8, 2012 Simpler response:Dear AFNI -If you are not going to sue me how are you going to force me to pay you? In the mean time, Kiss my Butt.<signed>In the mean time, if you really believe it is not your debt, by Validating the way they did the committed a FDCPA violation!!!! They misrepresented the debt to you. They may not be able to sue you but you certainly can sue them. Link to comment Share on other sites More sharing options...
AndryMorrey Posted September 12, 2012 Report Share Posted September 12, 2012 They are supposed to obtain the information from the original creditor and provide it to you, but for the most part, printouts of account statements will suffice. If you are unable to resolve your problems with the collection agency, and they continue to harass you, or, their activities have already caused you harm, talk to an attorney before threatening to sue.ThanksAndry:D Link to comment Share on other sites More sharing options...
1stStep Posted September 12, 2012 Report Share Posted September 12, 2012 I just sue... its more fun Link to comment Share on other sites More sharing options...
Torden Posted September 16, 2012 Report Share Posted September 16, 2012 This still might not go away. The collection agency working for the creditor is likely to send the account back. The creditor may send the account to another collection agency and the process starts over. Since the creditor is not the original creditor, I suggest sending the same C&D to the original creditor, which as a JDB are also subject to the FDCPA. Then if they assign/place the account with yet another CA, can be in violation. However, apparently selling an account to another JDB isn't, so you can still see it come back at you. Just C&D everyone and wait for someone to make a mistake. Link to comment Share on other sites More sharing options...
usagi555 Posted September 16, 2012 Report Share Posted September 16, 2012 Hello- I sent a DV letter out to AFNI and here is the response I received:Dear Valued Customer,This is in response to your recent inquiry regarding AFNI account number xxxx. We have verified with the creditor the following information:Creditor: xxxxxxOriginal Creditor: xxxxxxxxCreditor Account# xxxxxxxxxxBalance Due: $xxxxxThis letter serves as verification of the debt. Upon mailing of this letter, in accordance with 15 USC 1692g, AFNI may resume collection activities.If you have any questions, please contact bla bla bla...This is an attempt to collect a debt bla bla bla....The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it. If you do not pay the debt, we, AFNI inc, may continue to report it to the credit reporting agencies as unpaid.Sincerely,AFNI, Inc.--------------------------------------------------------------------------------------------Ok what can I do now? Do I need to try and settle with them now? They still have not provided any actual proof that I ever had this account! It's ok for them to print on a piece of paper yep it's yours because they said so?? I'm pissed right now!Hey, you're a valued customer! What a crock. I hate that kind of bs. All smiles and niceness when, if they could, they would have a shiv up against your kidneys. Good thing for you the SOL made it so that they can't. You could always send them a C&D in one of those flat rate boxes, and include a nice baggy of unpounded sand. The debt is beyond SOL and it is more than a safe bet that even if it weren't, they could not prove standing to sue in a court of law. Don't play a JDB's game. You'll get burned. The only tools that they have are deception and intimidation. If you make even one payment, you'll restart the SOL, and then they could sue. Link to comment Share on other sites More sharing options...
Torden Posted September 16, 2012 Report Share Posted September 16, 2012 I suspect they may be trying to trick alleged debtors into not answering a summons and/or not appearing in court when they are doing their "collect lots of default judgments" thing. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted September 17, 2012 Report Share Posted September 17, 2012 I just sue... its more funSue first ask questions later. Link to comment Share on other sites More sharing options...
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