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AFNI - What if they validate with incorrect information?

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positivenrg
Established Member

AFNI - What if they validate with incorrect information?

My daughter got a phone call from AFNI about owing money on a Sprint account she had 3 years ago.

My daughter completed her contract with Sprint and told them she no longer wanted service and she signed up with Verizon. Sprint mistakenly put her account into month-to-month status, so when she got her next bill, she called them again and told them that she had already canceled her service. Their customer service rep told her that she was correct and he would take care of it and that she doesn't owe anything more. Now they have sent her to collections with AFNI.

 

While on the phone with AFNI, my daughter asked them why she had this debt. AFNI told her that she had overages on her account. My daughter said that is impossible because her account had been unlimited. Then AFNI suggested it was an early termination fee. My daughter said that would also be impossible because a month-to-month account is not subject to termination fees. 

 

In the course of the conversation, by daughter ended up giving AFNI her address, so she got a letter in the mail today demanding payment or they will report to the credit bureaus. Well, she is about to buy a new car, and the last thing she needs is for AFNI to put a collection on her report! 

 

She called Sprint today and they told her they have no records because they turned them all over to AFNI, so she would have to call them and sort it out. 

 

She is going to send them a DV letter, but what if they validate with incorrect information? So far, they have already made incorrect statements about her account, so I don't think they even have the correct info. 

Message 1 of 7
6 REPLIES 6
guiness56
Epic Contributor

Re: AFNI - What if they validate with incorrect information?

All AFNI has to disclose if they choose to respond to the DV is, who is currently collecting and the amount.  If you ask for the name and address of the OC and an itemization of the debt they must include that also.

 

There is no requirement for them to send anything from the OC.

 

 

Message 2 of 7
positivenrg
Established Member

Re: AFNI - What if they validate with incorrect information?

So in reality, she has to pay for a debt that isn't even legit simply because they say it is? I have googled AFNI and it seems like they are scammers who have consumers by the balls. I'm pretty pissed off about this because my daughter HAS to purchase a vehicle. She has been using mine and I have to get it back because I am job-seeking. I'm just not sure how to advise her. It's frustrating and very discouraging. 

Message 3 of 7
guiness56
Epic Contributor

Re: AFNI - What if they validate with incorrect information?

That isn't what I said at all.  I was just stating what they have to include if they respond to her DV.

 

Just because they say that is what is owed doesn't mean that it is, only that is what the OC told them.  

 

Is Sprint reporting?

 

 

 

 

Message 4 of 7
RobertEG
Legendary Contributor

Re: AFNI - What if they validate with incorrect information?

+1

Neither the DV process under the FDCPA nor the dispute process under the FCRA have judges to compel the production of all relevant evidency, or to review and decide upon the invevitable differences of opinion as to what any documentation does or does not prove.  Both processes are based on the requiement that the party conduct a reasonable investigation, and provide the consumer with the results, not their suppoting documentation.

Compelling both parties to produce all relevant information and the authorty to make a binding decision on what is or correct is the job of the courts.

 

If you feel that, for any reason, the debt collector has not properly validated, then if your DV was timely, you consider them to still be under a cease collection bar.

Violation on their part would only occur at such a time that they resume collection on the debt without first having provided what you consider to be inadequate debt validation.

 

If their failure is clear from the facts, such as if they have provided nothing prior to resumption of collection, then you could file a complaint witht hte CFPB for clear violation of the FDCPA..

However, if they have provided what they consider to be adequate validation and you disagree, you need to get resolution by the courts through legal process.

Adequacy of their validation then becomes an issue for the judge.

 

Message 5 of 7
positivenrg
Established Member

Re: AFNI - What if they validate with incorrect information?

No, it doesn't appear that Sprint is reporting. Neither is AFNI, but they have threatened. I guess I don't understand any of this. They are holding her credit report hostage for $300, which she is positive she does not owe. Taking it to court seems rather daunting and also expensive.  

Message 6 of 7
polno1234
Contributor

Re: AFNI - What if they validate with incorrect information?

court is only expensive if you loseSmiley Happy just make sure that in your dv letter that you ask for the information above. if they respond it will be provided and you can go from there. does your daughter have any documents provided by sprint as to the end of her contract? being positive and having proof positive are two different things. alot of things may be admisble such as emails and what not. im not a guru so i don't know what all counts. but having something is a start.

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