topic Re: debt validation in General Credit Topics

debt validation

dd1980 — Mon, 09 Jul 2007 03:31:28 GMT

I have a AFNI collection acct that is not mine. I sent a debt validation letter that was rec'd by them 31 days ago and they have yet to respond. I have the certified mail receipt what should I do now?

Re: debt validation

kdcool — Mon, 09 Jul 2007 06:17:00 GMT

I had a similar situation, theu didn't validate in time so i sent them this letter per FCRA and they went away quickly and so did the mark on my credit report

July x, 2007

Anderson Financial Network, Inc.

P.O. BOX 3097

Bloomington, IL. 61702

 Re: Acct # xxxxxxxxx

To Whom It May Concern:

This letter is being sent to you as a result of no response or explanation from your company about this unknown collection attempt for this account, inaccurate, unknown and unverified information being reported to Experian -report # 1029978366.

Your offices failed to respond to my validation request within 30 days from the date of my last correspondences to you (see attached) as required by law.

I am now requesting again, that all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

Be advised that this is clearly a violation pursuant to the Fair Debt Collection Practices Act section 809 (b), Section 604 (A)(3), Section 623.

I will not hesitate to bring legal action against you for your negligent actions.

Infact, I now intend to pursue legal action against you if this information is not deleted from my report immediately. I am giving you 21 days to respond to my request(s).

Thank you for your prompt response!

John Doe

Hope this helps...

Re: debt validation

Anonymous — Mon, 09 Jul 2007 08:34:31 GMT

dd1980 wrote:
I have a AFNI collection acct that is not mine. I sent a debt validation letter that was rec'd by them 31 days ago and they have yet to respond. I have the certified mail receipt what should I do now?

By law, they do not have to respond. So long as you sent your DV letter within the 30 day window, you're good.

Watch your CRs to see whether the collection drops--assuming it ever landed there.

See my DV primer. Feel free to ask any questions.

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=4328

When a CA receives a timely request for validation, they must cease collection efforts or validate. Period. Nothing else is permitted.

They can validate in 2 days, 2 months or 2 years. Does not matter. They can take as long as they want. So long as they cease collection efforts. Means they stop calling, stop writing, file no lawsuits, and stop reporting to the CRAs.

Exactly what constitutes "adequate validation" has yet to be definitively decided in all Circuits, but that's only a question to be addressed IF they send you something in writing.

If they do keep reporting, and they don't validate, send another DV letter about 6 weeks after they received your first one. Check the date on the RRR green card. Keep DV letters simple. See some of the examples in my primer.

Each time you send another DV letter, dispute with the CRAs in writing where they are reporting. Include a copy of your DV letter, CM receipt and RRR green card as proof you requested debt validation and they have not provided it.

Your other choice is to sue. It can be an easy win in small claims. Just filing, which may cost $20-$50, might yield a $500 settlement from the CA.