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Established Contributor
Posts: 1,011
Registered: ‎04-08-2012
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Finished Settlement, now something else.

Just paid off my settlement with FPB today. Recieved a dunning last night from AFNI for an account that was sold from Enhanced Recovery (DOFD is 07/2006). Jefferson Capital showed up on my report without a dunning (DOFD 05/2006). Cap One still not reporting, NFCU is. Sent 2 DV's and reported Jefferson to FTC and BBB for lack of dunning.

 

It has been an up and down month. Any advice on dealing with AFNI or Jefferson?

-Rebuilding with CapOne Cash: $1.5k, NFCU cashRewards $8.5K, NavCheck $5K, Wal-Mart: $1.1K, Sam's: $1.2K, Amazon: $1.9K, Apple Barclay: $3K, Haverty's: $1.5K, GE capital: $5K, Sears: $250(AU), PP MC:$1.5K, CareCredit:$3K (closed 1st home 05/08/13)
Starting Score: 492-TU04, 480-EX FICO V2, 467-EQ Beacon 5 (Via Mortgage PreQual March '12)
Current Score: EX,EQ,TU (lender pull): 652, 659, 689, Walmart TU FICO: 691 (05/13)
Goal Score: 700

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Established Contributor
Posts: 1,011
Registered: ‎04-08-2012
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Re: Finished Settlement, now something else.

bump
-Rebuilding with CapOne Cash: $1.5k, NFCU cashRewards $8.5K, NavCheck $5K, Wal-Mart: $1.1K, Sam's: $1.2K, Amazon: $1.9K, Apple Barclay: $3K, Haverty's: $1.5K, GE capital: $5K, Sears: $250(AU), PP MC:$1.5K, CareCredit:$3K (closed 1st home 05/08/13)
Starting Score: 492-TU04, 480-EX FICO V2, 467-EQ Beacon 5 (Via Mortgage PreQual March '12)
Current Score: EX,EQ,TU (lender pull): 652, 659, 689, Walmart TU FICO: 691 (05/13)
Goal Score: 700

Take the FICO Fitness Challenge

Valued Contributor
Posts: 2,661
Registered: ‎04-25-2011
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Re: Finished Settlement, now something else.


jordanmedical wrote:

Just paid off my settlement with FPB today. Recieved a dunning last night from AFNI for an account that was sold from Enhanced Recovery (DOFD is 07/2006). Jefferson Capital showed up on my report without a dunning (DOFD 05/2006). Cap One still not reporting, NFCU is. Sent 2 DV's and reported Jefferson to FTC and BBB for lack of dunning.

 

It has been an up and down month. Any advice on dealing with AFNI or Jefferson?


How long ago with the BBB for Jefferson Cap?

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 09/14: TU: 784 | EQ: 752 | EX: 784
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession


Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $13900, Citi/Home Depot $8500, Capital One Cash Rewards $3500, BOA $7500 Total Utilization: 3%. AAoA: 2yr, 9mth. INQS: 1 TU, 1 EQ, 3 EX
Epic Contributor
Posts: 21,250
Registered: ‎03-19-2007
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Re: Finished Settlement, now something else.

Failure to send dunning notice within 5 days of initial communication with a consumer is a violation of FDCPA 809(a).  Posting to a consumer's credit report is not specifically stated in section 809(a) as triggering the requirement for dunning notice, but both the FTC and courts have routinely held that it is tanatamount to an initial communication, and thus triggerb the requirement for timely dunning notice.

 

So you have an FDCPA violation.  You have taken the proper route by complaint to the FTC, which is the agency authorized to administer the FDCPA.  BBB complaints are also helpful.  The FTC/BBB will write the debt collector.  Perhaps it will cause the debt collector to delete, but violations of the FDCPA are not per se basis for compelling CR deletion of their collection.

Just hope that your complaint will bear fruit.  Your remaining option would be to initiate your own civil action.

Established Contributor
Posts: 1,011
Registered: ‎04-08-2012
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Re: Finished Settlement, now something else.

So, I called Jefferson Capital today because it looks like they added a dispute tag to my EQ dispute.
I checked BB and it said no response. When I called, I was told they submitted to have the TL deleted from
my CR's just today and that I should allow up to 30 days for the CRAs to remove.

-Rebuilding with CapOne Cash: $1.5k, NFCU cashRewards $8.5K, NavCheck $5K, Wal-Mart: $1.1K, Sam's: $1.2K, Amazon: $1.9K, Apple Barclay: $3K, Haverty's: $1.5K, GE capital: $5K, Sears: $250(AU), PP MC:$1.5K, CareCredit:$3K (closed 1st home 05/08/13)
Starting Score: 492-TU04, 480-EX FICO V2, 467-EQ Beacon 5 (Via Mortgage PreQual March '12)
Current Score: EX,EQ,TU (lender pull): 652, 659, 689, Walmart TU FICO: 691 (05/13)
Goal Score: 700

Take the FICO Fitness Challenge

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Established Contributor
Posts: 1,011
Registered: ‎04-08-2012
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Re: Finished Settlement, now something else.

jUST REC'D bbb RESPONSE saying they will delete so now just afni to worry about.

-Rebuilding with CapOne Cash: $1.5k, NFCU cashRewards $8.5K, NavCheck $5K, Wal-Mart: $1.1K, Sam's: $1.2K, Amazon: $1.9K, Apple Barclay: $3K, Haverty's: $1.5K, GE capital: $5K, Sears: $250(AU), PP MC:$1.5K, CareCredit:$3K (closed 1st home 05/08/13)
Starting Score: 492-TU04, 480-EX FICO V2, 467-EQ Beacon 5 (Via Mortgage PreQual March '12)
Current Score: EX,EQ,TU (lender pull): 652, 659, 689, Walmart TU FICO: 691 (05/13)
Goal Score: 700

Take the FICO Fitness Challenge

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