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I have a question. How do you establish date of deliquency when a payment was never made on an account? Does it then go by date of last activity? A CA agency is trying to set DOLA when they bought the account from a bankrupt company in 2007, however there was never a payment on the account and the last date of usage was sometime in 2006.
Also, is a bill enough proof that someone owns the amount and is the originator of the account?
DOLA does not set the time period for SOL or CRTP, this goes by the DOFD. Any documentation you have should help. What does the OC report, or do they report?
Have you sent the CA a DV? If so, have they responded? If not, you can try that first. If you have and they did, what did you get as validation? Do you have any documentation from the OC confirming when the date of first deliquency was?
The original creditor was AMPD mobile, they do not report. I got their service in 2006, had several issues with billing, which were never resolved. They filed Chapter 7 or 13 in 2007. The only thing that AFNI has is bills. I never made a payment on the account because the continued to have the incorrect info. I stopped using the account in January of 2007. They are stating the DOFD is June 2007.
If I never made a payment would it be the begining of the account July 2006?, when I stopped using it January 2007?,when AFNI are stating DOFD June 2007, when AMPD filed for bakruptcy June 2007, or when they purchased the account in Jun 2008?
The bold below is what they wrote in response to BBB complaint. I asked for more information beyond bills and they are stating I have to prove I do not owe the amount? Um,NO!! You need to prove I OWE WHAT YOU SAY I OWE> Okay AG and FTC complaint here I come.
This is in response to your letter to Afni, Inc., regarding the above referenced matter. Afni furnishes accurate information to the credit reporting agencies, including the date the account was acquired by our agency and the FCRA Date of Delinquency, which is the creditor provided date. In this instance, the date the account was acquired by Afni is June 06, 2008 and the FCRA Date of Delinquency is June 28, 2007. In addition, Afni has provided its classification as a collection agency to the credit reporting agencies and has no control over the particular way the credit reporting agencies are listing an account to her credit report. If Mrs. K..... has any further questions or concerns about specific words or phrases that appear on her credit report she should contact the credit reporting agency that she received her report from.
Afni previously validated the account and the results were included in our initial response to the Better Business Bureau. Unfortunately, Afni has not received any further communication from the consumer and we welcome any details of the underlying dispute so that we can investigate the matter further. If Mrs. K..... has documentation that indicates that this particular account is not owed, Afni would welcome the opportunity to review said documentation. Until Mrs. K...... provides documentation that the account is not owed or Mrs. K.......makes a payment to resolve the debt, the account remains due and owing in a disputed status.
I trust this resolves her concerns with Afni, but should she have further questions she may contact a Consumer Relations Specialist at (866) 716.1284.
Yes, I sent many DV and never got a response. So, I contacted BBB. They are now stating that I have to prove that I do not owe the debt when I asked for more information not just a bill of what I may/may not owe.
@AZHeather wrote:Have you sent the CA a DV? If so, have they responded? If not, you can try that first. If you have and they did, what did you get as validation? Do you have any documentation from the OC confirming when the date of first deliquency was?
Somehow in the middle of your post I came to the conclusion that they are listing themselves as a "Factoring Agent" incorrectly. I know you filed with the BBB, but keep in mind, they have no "bite". Go with the state AG and the FTC.
Yep, that's my next step! I agree. I am done with Midland and AFNI and all the correct stuff/re-ageing that they are doing?
@Shogun wrote:Somehow in the middle of your post I came to the conclusion that they are listing themselves as a "Factoring Agent" incorrectly. I know you filed with the BBB, but keep in mind, they have no "bite". Go with the state AG and the FTC.
@Shogun wrote:Somehow in the middle of your post I came to the conclusion that they are listing themselves as a "Factoring Agent" incorrectly. I know you filed with the BBB, but keep in mind, they have no "bite". Go with the state AG and the FTC.
+1
Thanks for your help guys. Now, I just have to work on my last two baddies! =o)