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Established Member
aimeeaab
Posts: 40
Registered: ‎02-21-2008
0

Debt Validation Letter - Got it back today but....

They said they don't know what I'm looking for... I used the following and plugged in my info... Where do I go from here? Are they trying to waste time so that a deadline is met of some sort?
 

CERTIFIED MAIL #: _______________________________________________________

 

AFNI, Inc.

 

Date: 4/ 08/ 07

 

Re: AFNI, INC.; Acct #, Original Creditor Name Nextel

 

To Whom It May Concern:
I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Be advised that this is 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 FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay NEXTEL. for this alleged debt.

All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to NEXTEL for this alleged debt:

• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the NEXTEL (creditor as defined by the FDCPA) or
• A copy of the contract AFNI  purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between NEXTEL and myself, signed by me, stating that I have a contractual responsibility to NEXTEL for the alleged debt
• Provide proof that AFNI, INC is bonded/Licensed for debt collecting in the State of Maryland

 

Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims NEXTEL is asserting regarding this alleged debt. If AFNI can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.

 

If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.

 

I am also stating, in writing, that no telephone contact be made by your offices. 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, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

"Money talks...but all mine ever says is good-bye."
Moderator Emeritus
HappyDays
Posts: 7,326
Registered: ‎06-18-2007
0

Re: Debt Validation Letter - Got it back today but....

They know exactly what you want!!!  I would send the 2nd DV CMRRR  
 
Dear Sir/Madam:
I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.
You recieved a request for validation from me on 9/18/07. You have not responded to that request in any way, and since that time you have updated information on my Experian credit report on 10/10/07 and on my Equifax report TWICE on 10/15/07.  Each of these updates constitutes a violation of FDCPA.
While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.
I look forward to an uneventful resolution of this matter.
I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:
  • Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
  • Agreement that bears the signature of the alleged debtor wherein they agreed to pay the original creditor.
  • Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
  • Intimate knowledge of the creation of the debt by you, the collection agency.
As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation. You have 5 days from the receipt of this letter to remove this account from any and all reporting agencies, or a complaint to the FTC will be immediately filed for each and every violation from 9/18/07 until this issue is resolved. It is common knowledge that your company often violates these laws and I have no doubt that if I choose to litigate that you will be held liable for your actions. It is my hope that you will comply with the law in order to avoid the hassle.
Thank You,
TYPE NAME
Regular Contributor
kiyahsmom
Posts: 179
Registered: ‎03-11-2008
0

Re: Debt Validation Letter - Got it back today but....

I sent the same letter to AFNI re a sprint account on 4/1/08. It was signed for on 4/4/08, but I still haven't got a response. Checked my TC report today and I see they updated on 4/14/08 to TU and 4/08 to EQ. what should I do now?
Established Member
aimeeaab
Posts: 40
Registered: ‎02-21-2008
0

Re: Debt Validation Letter - Got it back today but....

Where do I look to find if they updated information since my 1st letter
"Money talks...but all mine ever says is good-bye."
Regular Contributor
kiyahsmom
Posts: 179
Registered: ‎03-11-2008
0

Re: Debt Validation Letter - Got it back today but....

if u have TC it will tell you the updated date. If not i'm not sure. Are you going to send the 15 day letter now?
Established Member
aimeeaab
Posts: 40
Registered: ‎02-21-2008
0

Re: Debt Validation Letter - Got it back today but....

Sure am, but I think I'll be vague about the "updating reporting" dates... Because I really don't have the money to pay for another credit report right now....
"Money talks...but all mine ever says is good-bye."
Regular Contributor
kiyahsmom
Posts: 179
Registered: ‎03-11-2008
0

Re: Debt Validation Letter - Got it back today but....

sent you a pm.
New Member
eazydoes
Posts: 7
Registered: ‎03-20-2008
0

Re: Debt Validation Letter - Got it back today but....

I have a question about CA updating after a DV. I probably messed up, but I sent a DV letter CMRR the end of March, and disputed the account through Experian the first of April, so it shows as updated. This would not be considered a violation because I'm the one that intigated it, right?
Moderator Emeritus
Posts: 11,562
Registered: ‎08-29-2007
0

Re: Debt Validation Letter - Got it back today but....

When a CA is already reporting and you send a DV, they are required to notify the CRAs that the account is in dispute.
 
When they do this it will show the account was "updated".  No violations.
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