topic Re: CRA not really answering DV??? in General Credit Topics

CRA not really answering DV???

jschaffer — Fri, 07 Dec 2007 04:52:20 GMT

I got a letter from AFNI and it says exactly as follows:

Dear Valued Customer,
This is in response to your recent inquiry regarding Afni account number XXXXXXXXX-02. We have
verified with the creditor the following information:
Creditor: CINGULAR
Original Creditor: CINGULAR
1801 VALLEY VIEW LANE
Creditor Account #
FARMERS BRANCH, TX 75234
Acct: XXXXXXXXX
Balance 551.60
This letter serves as verification of the debt. Upon mailing of this letter, in accordance with 15 USC 1692g, Afni will resume collection activities.
If you have any questions, please contact our office toll free at (888)804-2409 Monday through Friday
8am-5pm CST
This is an attempt to collect a debt. Any information obtained will be used for that purpose. You have the right to inspect your credit. This letter is from a debt collector.
Sincerely,
Afni, Inc.

Seriously? That's it? Does this mean I can send a copy of this letter to the CRA's and tell them that this does NOT constitute a validation and to remove this reporting immediately or what?

Any advice? Help? Thanks in advance!

Message Edited by jschaffer on 12-06-2007 08:52 PM

Re: CRA not really answering DV???

TryingVeryHard — Fri, 07 Dec 2007 06:19:32 GMT

bump

Re: CRA not really answering DV???

Anonymous — Fri, 07 Dec 2007 12:21:34 GMT

The way I read § 809 - this does constitute Validation-
They should also indicate if they own the debt or if they are collecting on behalf of the OC.

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Re: CRA not really answering DV???

Anonymous — Fri, 07 Dec 2007 14:32:34 GMT

I agree with Timothy, honestly that's all they have to do. stinks I know

Re: CRA not really answering DV???

jschaffer — Fri, 07 Dec 2007 14:34:37 GMT

Except that I disputed the validity of the debt and requested proof of the debt. That proof has to include a signed contract or something similar.

I'm pretty sure that the FCRA requires accurate information. If they want to claim I owe, they better prove that I owe.

There's no way that this is legal validation.

Re: CRA not really answering DV???

Anonymous — Fri, 07 Dec 2007 15:20:41 GMT

I think that's the next step, the initial DV is just the account number, the OC and their address.

If the debt isn't your's and you may be either a victum of ID theft or a miscalculation on their part then I agree there must be further verification.

But if the debt is your's then honestly that's all they have to provide.

Re: CRA not really answering DV???

jschaffer — Fri, 07 Dec 2007 15:27:04 GMT

@Anonymous wrote:
I think that's the next step, the initial DV is just the account number, the OC and their address.
If the debt isn't your's and you may be either a victum of ID theft or a miscalculation on their part then I agree there must be further verification.
But if the debt is your's then honestly that's all they have to provide.

So what's the proper way to tell them that they do indeed have to provide further verification?

Re: CRA not really answering DV???

Anonymous — Fri, 07 Dec 2007 15:34:44 GMT

I would first file a Police Report for possible ID theft, so legal investigations can proceed, and then I would start with the Original Creditor. Not the CA, the Ca is just going to thing you are blowing smoke and trying to get out of the debt.

With the OC call them and explain this is not your debt, you have filed a police report have them verify your SS# without giving it them, again let them give it you. The addres of where this service of where this service was originally billed to etc

Message Edited by Boswd on 12-07-2007 07:34 AM

Re: CRA not really answering DV???

Anonymous — Fri, 07 Dec 2007 15:35:53 GMT

is this the same case as your other post?

Re: CRA not really answering DV???

jschaffer — Fri, 07 Dec 2007 16:34:14 GMT

No. It's similar, but not the same.

Re: CRA not really answering DV???

Anonymous — Fri, 07 Dec 2007 17:04:10 GMT

two different accounts with the same info that you didn't open up? This does sound like some form of ID theft. Which could include someone you know opening this stuff up under your name and such. Any bad blood with a former girlfriend/boyfriend? Divorced or a sneaking spouse, shady friends?

Re: CRA not really answering DV???

jschaffer — Fri, 07 Dec 2007 17:15:05 GMT

Well, I know who did it, but they have since changed their ways and I'd rather not get them in trouble.

But I do want to get this crap off my credit report.

Re: CRA not really answering DV???

Anonymous — Fri, 07 Dec 2007 19:49:32 GMT

Technicaly, you dispute with a CRA (not a debt validation).

You need to DV AFNI and send an MOV to the CRA, when it comes back that it was electronic verification then you ask for a an investigation wanting to know who they speak with, what company,etc...

Re: CRA not really answering DV???

Anonymous — Fri, 07 Dec 2007 19:56:07 GMT

What does CRA stand for?

Re: CRA not really answering DV???

Anonymous — Fri, 07 Dec 2007 19:58:26 GMT

He could do all that but what's the point, if he/she doesn't want to turn the person in. The debt in it's self is valid and he know's who did this to him. so the money is technically owed the op just has to decide if he/she want's to take the hit for what someone else has done and live with the damages.

I personally would talk to that person and have them help the person out in this situation so the person doens't have to live with the consequences. At the very very least have the person pay for it.

Re: CRA not really answering DV???

Anonymous — Tue, 18 Dec 2007 19:41:12 GMT

I must respectfully disagree that this does NOT constitute validation. However, ultimately it's going to vary from one Circuit to the next, and even one District to the next.

§ 809(a) states the initial communication must contain amount of the debt, name of the current creditor, and up to 3 additional statements. The CA can commit a violation here, that you can sue over, even if you never DV.

§ 809(b) states the customers right to DV. Now if the DV merely needed to contain that which was required to be provided in § 809(a), then what the heck would be the point of DVing under law? To receive a duplicate copy of the § 809(a) statement? I think not.

§ 809(b) compliance demands something more. Exactly how much more will be up to your District or Circuit court decisions.

Re: CRA not really answering DV???

Anonymous — Tue, 18 Dec 2007 20:59:51 GMT

Noah_Bodie wrote:
I must respectfully disagree that this does NOT constitute validation. However, ultimately it's going to vary from one Circuit to the next, and even one District to the next.
§ 809(a) states the initial communication must contain amount of the debt, name of the current creditor, and up to 3 additional statements. The CA can commit a violation here, that you can sue over, even if you never DV.
§ 809(b) states the customers right to DV. Now if the DV merely needed to contain that which was required to be provided in § 809(a), then what the heck would be the point of DVing under law? To receive a duplicate copy of the § 809(a) statement? I think not.
§ 809(b) compliance demands something more. Exactly how much more will be up to your District or Circuit court decisions.

You maybe right to a certain extent in some districts but the overall point now is the Debt is Valid and if they prove it then it will be up to the OP on how he wants to proceed by either turning his friend in or living with what he has done to him.

It's a case of ID theft now, again the debt in of itself is valid, it's just that the OP is getting the screw job by his friend.

Re: CRA not really answering DV???

jschaffer — Tue, 18 Dec 2007 21:57:38 GMT

I think I'm going to legally pursue this further. My friend made his bed, now he has to lie in it. I will fully testify that he is a changed person, but I'm not going to be stuck fixing his mistakes at my own expense when I'm trying to fix my credit, which lately seems all to important.

I further think that if they do not have *MY* signature on the debt of which they need to prove then this is not verification that *I* owe this debt, and as such should be removed from my profile. So the trick is to get them to show that they don't have my signature.

Right?

Re: CRA not really answering DV???

octavia — Tue, 18 Dec 2007 22:09:24 GMT

JSchaffer,

I had the same thing happen to me. A close family member that lived in another state got cable in my name. I noticed it on my CR about 2 years after the fact. I first contacted the CRAs and they put a 30 day FA on my CRs and I personally called the cable company and their fraud department investigated the matter and within a week or so I received a letter that I didn't owe the money and it was removed from my CR.

My point is that this family member never even knew I found out they did this. There were no reprocussions for her actions. (She had long moved before I found this on my CR.)

I hope this helps.

Re: CRA not really answering DV???

Anonymous — Wed, 19 Dec 2007 14:30:37 GMT

I think you are doing the right move by you. Despite your friends change of ways, he still has to pay for the damage he has done to you.

Good luck with everything.