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Please help Moderators!!!!!!!

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corkyduckfan
New Contributor

Please help Moderators!!!!!!!

I have a situation that I am unsure of.  I have been brushing up on consumer credit law, but I am far from a expert.  I recently disputed a debt from Verizon Wireless with CRA's and they could not validate it, so Verizon got deleted from the CRA's.  However, the garbage collection agency (Afni) in the meantime was validated and updated.  Afni supposedly bought the debt from Verizon and Verizon can't even validate the debt.  How in gods green earth can Afni's collection be validated by the CRA's if Verizon was just unable to validate the same account.  I smell a rat.  I have a feeling that it was all done electronically and not by a human, but who really knows.  I called Afni just sniffing around and not admitting to the debt.  Of course they say that they already sent out the 30 day notice long ago.  By law, can they be reporting to the credit bureaus when Verizon can't even validate it and had to delete the file.  Should I dispute validate them?  It seems as though they are breaking some FDCPA laws.  The amount is for $429.  Do I really have to put up with Afni's tactics?  I would like to think that the law is on my side.  What letter should I send them and do you have a good example for me.  Thank you for any advice in this situation.  I don't need this headache while revamping my credit.
 
 
                                                                                                       Sincerely,
 
                                                                                                         Corky
Message 1 of 7
6 REPLIES 6
Anonymous
Not applicable

Re: Please help Moderators!!!!!!!


 
Not a moderator, however it could be that Verizon was deleted for lack of responding to the dispute. Just because something is removed during a dispute doesn't mean they couldn't validate.
 
What is DOFD and DOLA?
 
On cell phones SOL is federal and is only 2 years.
 
Is the debt legit?
 
 
 

 
Message 2 of 7
corkyduckfan
New Contributor

Re: Please help Moderators!!!!!!!

Sidewinder,
                  The truth of the matter is that I am not sure whether the debt is legit.  I had an ex fiance that ran up a lot of stuff in my then good name.  Verizon could not verify it with me or the CRA's.  Let's play devils advocate and say that it was legit.  How should I handle Afni?  I think there are a couple different options.  It was allegedly placed for collection on 6/06 and is set to be removed on 6/10.  I am not sure if it is legit and that worries me because Afni has a history of reaging things and being pretty slimy.  I found a lot a stuff just googling their name.  Thanks for your response!
Message 3 of 7
Anonymous
Not applicable

Re: Please help Moderators!!!!!!!

Send them a DV, CMRRR, typed name only. Do not provde any information that is not on your CR from them. Don't talk on the phone.
 
Did you acknowledge on the phone that you had received the initial communications from them beyond 30 days ago?
 
What state are you in?
 
Make changes where needed.
 

CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name

Of course never sign the DV   just type your name

Message 4 of 7
Anonymous
Not applicable

Re: Please help Moderators!!!!!!!



corkyduckfan wrote:
 
The truth of the matter is that I am not sure whether the debt is legit.  I had an ex fiance that ran up a lot of stuff in my then good name. 

Also, do you have an id theft affidavit or did you file a police report?

Message 5 of 7
corkyduckfan
New Contributor

Re: Please help Moderators!!!!!!!

I am in the state of Washington.  I did not say anything to them on the phone other then asking them who they are basically.  I didn't admit to anything or share anything to them about myself.  I already have a fraud alert on my reports.  I need them to validate this, which I suspect that they may not be able to.  Worst case scenario, I could do PFD for less, but I would rather they validate first.  Thanks for the sample letter.
Message 6 of 7
Anonymous
Not applicable

Re: Please help Moderators!!!!!!!

I wonder how many times AFNI has seen this letter!!!!!!!!!!!
 
I think their people in disputes just hits the "it's valid" button as they NEVER perform any internal investigation until the DV hits the door.
 
Message 7 of 7
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