10-02-2012 01:01 PM
I have not been on here is quite a while, but I am currently trying to help my husband get his credit on track.
He has a collection account currently being reported by AFNI for $839.
Three years ago the CA that had this debt was the Law Offices of Mitchell Kay. At that time we requested for a confirmation of the debt. They mailed several months worth of TMobile statements from May 2006. Then we asked for a PFD at 50%.
They did not accept the PFD so they remained unpaid while we worked with other creditors who were willing to settle and/or delete.
Anyway, we are reviewing our credit now and see that this account is on all three CRs and owned by AFNI.
Is it worth sending a PFD letter to them?
I thought there was some kind of statute of limitations. We are in TX.
Any help or guidance would be appreciated.
10-02-2012 01:22 PM - edited 10-02-2012 01:27 PM
A debt collector may report their collection at any time. Upon reporting, they are required under FCRA 623(a)(5) to provide the DOFD on the OC account to the CRA.
It is then the sole responsibility of the CRA to add 7 years plus 180 days to that reported DOFD, and to cease inclusion of that collection in any credit report they issue after that date.
There is no specific FCRA violation for reporting of their accurate collection authority.
The SOL applies only to their ability to commence legal action to attempt to collect on the debt. It does not pertain to credit reporting.
Being a resident of Tx, you may have one additional tool. Under the Tx debt collection statute, you can send a request for debt validation to the debt collector at any time.
They are required to respond to that request within 30 days. If, in their response, they fail to provide the requested debt validatiton, the Tx statute requires that they must delete the reporting until such time as they have complied. You can invoke the Tx statute, and hope they dont verify. By that process, you may be able to obtain at least temporary CR deletion, and with a debt that old, they may decide not to follow up.
10-02-2012 01:52 PM
PO BOX 3097
BLOOMINGTON, IL 61702
Status: Collection account. $839 past due as of Jan 2011. Status Details:
This account is scheduled to continue on
record until Apr 2013.
Date of Status:
Credit Limit/Original Amount:
$839 as of 01/2011
Collection as of Jan 2011
That is how it appears on the credit report. However, this account is not from 2010 or 2011. It is from 2006.
I have a letter from AFNI offering to settle for half and the bottom of the letter states "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."
The previous CA did validate and because they validated they refused to accept a settlement (which they initially offered prior to the DV). They also refused the PFD.
However, it previously belonged to an attorney, not actual CA like it does now.
10-02-2012 03:17 PM
It's reporting correctly. The DOFD is from 2006 as noted by the day it will fall off your report. You could try to do a PFD or just wait for it to fall off. Personally I would try for a PFD for like 20% or something so to get rid of it from coming back under a Zombie debt from a bottom feeder CA.
10-06-2012 09:48 AM
It had "fallen off" once before and that's when AFNI took over and it is reporting again.
We will try a PFD at 20% like you suggested. Cross your fingers for us!
10-06-2012 12:23 PM
Crossing my fingers for you. Good Luck!
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