DV response w AFNI

[ssghandless]

I got a response from AFNI for an Verizon account. the account is from 04-06-2006 based on the last report sent to me by them. The SOL is 4 years. I would it be best just to offer a PFD for a percentage of the value?  

[Anonymous]

How much is it for?  If the amount isn't that high, a % for PFD may be in your best interest.. 

Have you attempted to dispute with the CRAs also?  Maybe try disputing based on things other than just a standard "not mine" before attempting a PFD.

[ssghandless]

AFNI, INC.

Creditor Name: AFNI, INC.  

Account No.: XXXXX****  

Original Creditor: VERIZON INC.  

Responsibility: Individual  

Condition: Derogatory  

Original Balance:$119  

Balance: $119  

Date Opened: 09/17/2009  

Date Reported: 11/01/2009

Now they reported that on Experian as of 8/24/2010! They sent me a DV but no date on it. I think Verizon prints the date 20060406 on their receipts so I recognize it. Should I inform them that they are over the SOL and offer the PFD? Or just PFD without hostile activities? By the way, I did not dispute them by the CRA prior to this when placed the mark on EX. Should I use that as leverage?

[Anonymous]

It is within your rights to dispute with all 3 CRAs .. I don't think they will be nicer to you simply because you did not dispute with the CRAs.  I did some research this forum and on other boards about AFNI, and there are mixed responses, but here are the 3 most popular:

1. They DV'ed and AFNI closed shop and deleted from CRAs (obviously not an option in your case)

2. They disputed with CRAs and AFNI removed.

3. AFNI did not accept PFD, but did say something of this nature "We wont accept PFDs, but once items are paid, we don't bother responding to CRA disputes" (This seemed to be the most popular response)

My best suggestion would be to dispute CMRR with the 3 CRAs, but leave the option open to dispute for different reasons if they come back verified.  If they come back verified, move forward with a PFD (Mail only obviously).  You can try to get them to do it for less than the full balance, but since it is such a small amount, I'd imagine they are going to want the whole thing.  If they decline PFD, you may be forced to pay up and then dispute once again (with different reason other than "not mine").

[RobertEG]

Before you make any decisions on how to address this issue, you need to have, in my opinion, the following information.

The crtitcal date is not anything the CA has reported.  You need to determine, from your account records, the date of your first delinquency on the OC (Verizon) account.

Dont pay any attention to CA reporting of any activity with them.

That date will clearly govern any credit reporting, and will also most probably govern the running of your SOL.

Do you know that date?  Your DOFD.

PFD is an option, but not without peril until you know that your state SOL has expired.  You say that your SOL is four years.

But from what date are you basing the presumed running of your SOL period?

Neither DV lettes or PFD requests are disputes, and dont requrie CA response.

[britishbooklady]

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@ssghandless wrote:

AFNI, INC.

Creditor Name: AFNI, INC.  

Account No.: XXXXX****  

Original Creditor: VERIZON INC.  

Responsibility: Individual  

Condition: Derogatory  

Original Balance:$119  

Balance: $119  

Date Opened: 09/17/2009  

Date Reported: 11/01/2009

Now they reported that on Experian as of 8/24/2010! They sent me a DV but no date on it. I think Verizon prints the date 20060406 on their receipts so I recognize it. Should I inform them that they are over the SOL and offer the PFD? Or just PFD without hostile activities? By the way, I did not dispute them by the CRA prior to this when placed the mark on EX. Should I use that as leverage?

---

I don't think it's necessary to point out the fact that it's past SOL. I mean, all that means is that they can't sue you over it. It's really the CRTP that, based on your 20060406 (DOFD?) date, would mean that this TL will be on your CRs until 2013. 

So, with that said, don't ever be hostile towards a company that clearly has the upper hand. Just write them and tell them that you're willing to pay in full if they send you a letter stating that they'll delete the TL from all of the CRAs. Sometimes it helps to let them know that you may have had some financial difficulties in the past but that you're working really hard to correct them and get your credit cleaned up in order to _________ (insert whatever fits - buy a house, or a car, etc.). 

If you know the debt is yours then I wouldn't recommend disputing with the CRAs at all...or even trying to use that as leverage. I mean, disputing basically implies that you are denying the debt is yours at all...so you'd run the risk of ticking the CA off, and also the possibility of getting that all important PFD.

Btw, what state are you in? 

[RobertEG]

Never assume that SOL expiration bars the bringiing of legal action for collection of the debt.

SOL is a defense against  legal action that  must be proved by you in court.  Thus the need to have records to, at least, support your legal DOFD.

[RobertEG]

I respectfully disagree,  Disputing with a CRA carries no implication of disputing the debt itself . 

When you dispute with a CRA, you are disptuting specific items of information they have posted to your credit file, and thus is being included in your credit reports.

Disputing a 30/60/90 day late, for example, is not disputing the debt, but rather is disputing the accuracy of their reportjing of this specific information.  Examples can go on and on, and usually arenet limited to dispute of the debt itself.