DV sent and refused

[wrw0010]

I sent a DV letter CMRRR to AFNI and they have refused to accept it. Can they do that? Can they just avoid any letters from me so they don't have to comply with FCRA?

Should I follow up with another letter without a return address on the envelope? Perhaps an ITS?

Message Edited by wrw0010 on 10-15-2007 06:28 AM

[Anonymous]

Are you in your first 30 days?

[Boswd]

There are alot of factors involved in making a complaint about not DV'ing.    One is what state do you live in.   Two is how old is this debt and when did they first send you their bill.   the reason why this is important is because  one your intial bill that the CA sends you it will state that if no DV or response within 30 days the debt is assumed to yours and valid.   They aren't under requirements by law to DV the debt after the 30 days has passed.   So they made the law to work in both favors of the Debtor and Debtee.  Some may send you a DV after the 30 days but again they are under no obligation to do so.

The reason I ask for your state is, some states are very debtor friendly and have additional set of laws the CA has to follow and some states have a DV policy no matter where in the collection process or how much time has elaspsed since the intial contact has been made.   I think Texas is one of them and I want to say PA but I'm not sure on that one.

Message Edited by Boswd on 10-15-2007 06:49 AM

[wrw0010]

I never received a bill on this at all but just noticed it on my report and sent them letters. The debt is 5 years old so it is still short of SOL in my state (AL).

The debt is absolutely not mine.

What's to keep them from always claiming that the 30 days is up? They can always backdate a bill and say they sent it. They certainly haven't sent me any certified letters that I have signed for.

[Boswd]

What I would do If I were you is this, not only send out another DV but also call them and tell them the debt is not your's and you need to provide documentation.   I would also  dispute it on all three credit reports as not mine  and file a complaint.

[wrw0010]

I thought you were never supposed to call them.

[Boswd]

If you are certain a 100% that the debt is not yours and your other DV'ing isn't getting you any where you have to open up all options to clear this matter.   By calling them AND sending out another DV stating that this is not your debt and it's either ID theft or mistken debtor on their part you may have quicker results by calling them.  Odds are if you can prove it over the phone they would more than likely want to have the real debtor.     I would also let them know if they don't comply that a complaint will be filed.

By just DV'ing them alone they are more than likely opening up your letter checking their dates and throwing your letter in the trash.

Message Edited by Boswd on 10-15-2007 08:13 AM

[wrw0010]

Thanks Boswd.

[Boswd]

You're welcome.   Just be careful when talking on the phone with them and keep maintaining that the debt is not your's and they have to validate it.    They can have very tricky ways into talking you into things.