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Sent validation letter, received this back.. What should I do next?

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gbfan10
Valued Member

Sent validation letter, received this back.. What should I do next?

Ran my Credit report and saw a collection from AFNI for dish network.  I don't believe this to be my debt and I didn't receive an initial letter from AFNI, so I sent a validation letter.  Here is the letter they sent.

 

http://i1296.photobucket.com/albums/ag13/Gbfan55033/cr_zpsb0d59d4c.jpg

 

It basically just says the creditor, original creditor, account # and ammount due..  

 

 

I don't feel they have sufficiently validated the debt.  I do not know if I should continue to work with them, or now dispute it with the credit reporting agencies. 

 

 

 

Message 1 of 7
6 REPLIES 6
Shogun
Moderator Emeritus

Re: Sent validation letter, received this back.. What should I do next?

That is a proper response to a DV.  Now you will try a PFD.

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Message 2 of 7
gbfan10
Valued Member

Re: Sent validation letter, received this back.. What should I do next?

Ok,  I have read all about those.  

 

I was hoping they would provide more proof.   Smiley Sad

 

 

Message 3 of 7
kmacqua
Regular Contributor

Re: Sent validation letter, received this back.. What should I do next?

Does the account number match?

Message 4 of 7
gbfan10
Valued Member

Re: Sent validation letter, received this back.. What should I do next?

I just verified that the account # does match up.

 

Message 5 of 7
RobertEG
Legendary Contributor

Re: Sent validation letter, received this back.. What should I do next?

They have provided adequate verification if they state that they have basis for determining the debt is yours.  Proofs are not required as documentation of their determination, as there is no party under the DV process to evaluate evidence and make a determination as to any contested issues.

 

Thus, their verifcation, while adequte for purposes of the FDCPA, does not establish your legal obligation.

Which begs the question, since it is stated that you dont acknowledge the debt, as to your documentation in support of that assertion.

 

You could choose to file a dispute of accuracy of their reporting based on the assertion that the debt is not yours, but verification of a dispute has the the same issue as the DV.... verification requres only that they conduct a reasonable investigation, and provide their determination.  Again, documentation and proofs are not required to support their verification.  If they verified the debt in response to a DV, they would most likely verify in response to a dispute.

 

Their are two basic options should you want to pursue a debt not mne assertion.

 

One is to put that assertion into the form of a sworn police report, and submit that police/identity theft report to the CRA.  Th\t will permt you to obtain block of the collection from your credit report without any issues of proofs by either you or the debt collector.  That does not resolve the issue of legitimacy of the debt, but provides block of the inform\tion from your credit report, and thus scoring.

 

The other is to bring your own civil action, and get proofs before the court, who has the authority to resolve the matter.

If the court fnds the debt is not yours, the collection would be required to be deleted.

Message 6 of 7
gbfan10
Valued Member

Re: Sent validation letter, received this back.. What should I do next?

Thank you for that info, I had no idea of those 2 options.  Very informative!

 

Message 7 of 7
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