AFNI on CR without Validation

[Oyiwaa]

Hello,

Good Evening.  I just realized this evening that AFNI has posted a TL on my account.  I am wondering if there is a violation here and how to address it:

• December-5-2012:  AFNI sent me a dunning notice, which I received mid December
• December-27-2012:  Mailed out a DV letter to AFNI via CMMR
• January-02-2013:  DV Letter Received and signed for by Agent.  Received the Green Card a couple of days later.
• January-08-2013:  AFNI entered a TL on my CR without responding to my DV letter.

Given that my DV was timely, is there a violation?  How can I address this to ensure they remove the TL?

Thanks - Oyiwaa

[Shogun]

They may have responded to the DV by mail and it hasn't arrived yet.  I'd look for it in the mail.  However, if within a week or so you haven't received anything, then I would look into a FDCPA violation.

[Oyiwaa]

Thanks, Shogun:  Isn't reporting to CRAs "collection" activity?  Aren't they supposed to validate before resuming collection activity if DV is sent within the 30-day period?

[Shogun]

Yes, but they can validate, put it in the mail and then post.  You might have just not gotten it yet.

[llecs]

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@Oyiwaa wrote:

Thanks, Shogun:  Isn't reporting to CRAs "collection" activity?  Aren't they supposed to validate before resuming collection activity if DV is sent within the 30-day period?

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I think what Shogun was getting at was there's a scenario by which the CA validated on the 7th and dropped it in the mail, then reported the day after (today). In an example like that they aren't breaking the law and you'd have to wait a week or so to find out for sure if that's the case. However, absent any letter from them they would be violating the FDCPA.

[Oyiwaa]

Thanks - I get it, and will wait it out.  If I don't get anything by Wednesday next week, then I will move to the next step.

Thanks, Oyiwaa

[Oyiwaa]

Folks,

I still have not received any response to my DV letter to AFNI.  Tomorrow will be one-week since they placed the entry on my TL without responding to my timely sent request for validation.

So what should my next course of action be:

-- Another letter to AFNI?

-- Dispute with the CRAs - on what basis?

Thanks - Oyiwaa

[ktl72455]

From what I have learned about having AFNI on my reports collecting 3 different debts, they were mine and I knew it, I read on here they will not settle for less, only pay in full, but then the next day send a GW for delete and they do it gladly and quickly. Mine was paid and removed with in 7 days.

It would have taken me longer to try to DV them etc esp since I knew they were my debts and I just wanted them off my CR.

[Oyiwaa]

Hello  Folks,

I still have not received any response from AFNI regarding my request for debt validation.  So I want to send them this second request, as well as a notice to them that they are in violations, by reporting the entry to the CRs without responding to a timely sent validation, and also failing to mark the account as in dispute until much later.  Please let me know if it is too *hot* / confrontational, particularly if I have to negotiate some form of settlement from them - it is for a $400 cable / DishNetwork bill, still within SOL:

============================================

To Whom It May Concern

In December 2012, I received a letter (dated 12/05/2012) about collection action on a Dish Network account.

In accordance with my rights under FDCPA 809(b), I sent out a timely request for debt validation on December 27 2012, which you received on January 2nd 2013 (see the attached documentation from the US Postal Services showing you received the response within the required 30-day period).

To date, I have not received any response to my request for debt validation. Instead, your organization (1) reported the alleged debt to the credit bureaus - Equifax and Experian - on/around January 8, 2013, without responding to my timely-sent request for debt validation, and (2) failed to report the account as in dispute - as required by law - upon receipt of my request for debt validation and upon reporting such account to the credit bureaus; in fact you only notified the credit bureaus on January 14, 2013 - which is several days after you received my timely-sent request for debt validation, and after you had reported it to the credit bureaus.

Pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809(b), I am sending you this second request for debt validation.  Given that I do not recognize the account or the amounts owed, I request that you supply some records / account statements (from the original creditor) indicating that I owe this debt.

I must remind you that your current collection efforts, including regular/monthly reporting/updates to the credit reporting agencies, while you have not validated the account, is a violation of the FDCPA. Therefore, while the account still remains in dispute, you must cease your all of your current collection activity, until the debt is properly validated.  If you are unable to validate the debt, I humbly request that you delete the trade line / entry on my credit reports.

I wish to thank you in advance for any assistance you can provide in this matter. Looking forward to your response.


Best Regards,

[anackerman]

I don't think that's a very confrontational letter at all. It is very to the point. Very well written.

I'll have to remember to look you up when I need a letter written