Credit Score Could Go Up In Flames! Help!

[Anonymous]

Okay!  For the past three years I have been working on getting my credit score from the low 500's to the low 700's.  Today, I went to my mail box and got a letter from "afni" stating they are attempting to collect a debt for AT&T.

I have not had an account with AT&T for over 8 years.  So, I am not sure where this is coming from.  The letter tells me to do the following if I dispute this debt: 

"To notify them within 30 days after receiving this notice that I dispute the validity of the debt or any portion thereof.  It goes on to say if I notify their office in writing within 30 days that I dispute the debt they will obtain verification of the debt or obtain a copy of a judgment and mail me a copy of such judgment or verification., they will also provide me with the name and address of the original creditor.

I do not want the work of the last three years to send my credit score up in flames.

Stop the flames 

[chasmith]

The standard answer here would be to send a DV letter and deal with whatever validation they send.

I've had luck in the past combining a dispute, validation and don't call me letter.  Every time I've used this the JDB has gone away.  Something like this, but do be aware that this request exceeds what they are legally required to provide as validation. 

What the laws says is:

Fair Debt Collection Practices Act Section 809. Validation of debts [15 USC 1692g]

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

So if they just provide the name and address of the original creditor you may not have them on an FDCPA violation.  But as I said, especially for very old and small amounts they will probably just go away.

Dear JDB:

This letter is being sent to you <in response to a entries I noticed by your company on my credit report(s)>. <In response to your letter dated MM/DD/YYYY (copy enclosed)>.  Be advised that this is not a refusal to pay, but 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 VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you

• What the money you say I owe is for
• Explain and show me how you calculated what you say I owe
• Provide me with copies of any papers that show I agreed to pay what you say I owe
• Provide a verification or copy of any judgment if applicable
• Identify the original creditor
• Prove the Statute of Limitations has not expired on this account
• Show me that you are licensed to collect in my state
• Provide me with your license numbers and Registered Agent
• Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.)
• Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
• Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.)

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days investigating this information and during such time all collection activity, including credit reporting activity must cease and desist.

I hereby request, in writing, that no telephone contact be made by your offices to my home or to my place of employment.   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, such communication violates the Fair Debt Collection Practices Act. All future communications with me MUST be done in writing and sent to the address noted in this letter.

Best Regards,

Your Name Here.

[LIGHTNIN]

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@Anonymous wrote:

Okay!  For the past three years I have been working on getting my credit score from the low 500's to the low 700's.  Today, I went to my mail box and got a letter from "afni" stating they are attempting to collect a debt for AT&T.

I have not had an account with AT&T for over 8 years.  So, I am not sure where this is coming from.  The letter tells me to do the following if I dispute this debt: 

"To notify them within 30 days after receiving this notice that I dispute the validity of the debt or any portion thereof.  It goes on to say if I notify their office in writing within 30 days that I dispute the debt they will obtain verification of the debt or obtain a copy of a judgment and mail me a copy of such judgment or verification., they will also provide me with the name and address of the original creditor.

I do not want the work of the last three years to send my credit score up in flames.

Stop the flames 

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This should not show up on your CR, It is passed the CRTP.

If it is an unpaid debt they can try to collect on it forever, but can NOT report on your CR because it's passed the 7-7.5yrs reporting time.

[Anonymous]

In the letter, I received it states they may report information about this account to the credit bureaus, this is what got my attention. 

[laz98]

i believe that is standard wording for collection letters.

[Anonymous]

Okay, I am going to send a dispute letter and will update the results.  Thanks for your help Myfico!  Your information three years ago helped me get my score up from the low 500's to the low 700's.