topic Re: Afni dv email response in Rebuilding Your Credit

Afni dv email response

Anonymous — Fri, 13 Apr 2012 15:41:25 GMT

Hello, I emailed Afni a dv email yesterday and just got a reply back with an attachment of a tmobile statement, it's not an original bill it's done on a template, basically my name and address typed on it. Is this valid as proof? Shouldn't they have sent original copies?

Re: Afni dv email response

JohnPTEX — Fri, 13 Apr 2012 15:46:31 GMT

Is the debt yours?

Re: Afni dv email response

Anonymous — Fri, 13 Apr 2012 15:48:21 GMT

No, it has my name and address on there but I never had that number

Re: Afni dv email response

JohnPTEX — Fri, 13 Apr 2012 16:02:10 GMT

I would definitely force them to properly verify - may want to start by immediately speaking to a supervisor and then send a snail mail DV - have your guns loaded though - by that I mean study up on the relevant law requiring debt validation

Re: Afni dv email response

Anonymous — Fri, 13 Apr 2012 23:54:52 GMT

Ok I will do that thanks! Also another question I have is this account they are collecting for is from 2005, but Afni shows an open date of 9/2010, does it matter that they are still trying to collect for an account that is 7 years old?

Re: Afni dv email response

MarineVietVet — Sat, 14 Apr 2012 01:07:33 GMT

@Anonymous wrote:
Ok I will do that thanks! Also another question I have is this account they are collecting for is from 2005, but Afni shows an open date of 9/2010, does it matter that they are still trying to collect for an account that is 7 years old?

There is no time limit on the collection of debt. Even after the CRTP (Credit Reporting Time Period) and SOL (Statute of Limitations) have expired the debt remains.

Re: Afni dv email response

RobertEG — Sat, 14 Apr 2012 03:24:04 GMT

A debt collector is not required under the pure language of the statute to provide supporting documentation to support or prove the validity of the debt, and clearly has no specific requirement to provide original documents from the OC.

They are required to obtain verification from the creditor, and convey that to the consumer. If their response can reasonably be interpreted as having come from a statement of validity of the debt from the OC, it would usually be considered to have met the statute. To require proof will most likely require civil action on your part, and a judge who has an interpretation of the statute that debt verification requires documentary proof.

Re: Afni dv email response

Anonymous — Sat, 14 Apr 2012 05:59:02 GMT

Thank you! Not sure how I should proceed with this, I don't really want to go through the whole court thing even if it isn't mine, it's an account from before 2005 I don't even know when it was opened .....any advice?

Re: Afni dv email response

RobertEG — Sat, 14 Apr 2012 07:07:14 GMT

Two options to offer if you assert the debt is not yours, aside from the simple use of a DV.

First, did the OC ever report to the CRA? If so, you can send them a direct dispute, challenging the accuracy of their reporting.

Since you would be dealing with the party who has the records, their investigation would presumably be based on direct information. It would force THEM to conduct a reasonable investigation, and at least put on record that they have done so in any verification of its accuracy.

However, if they never reported, the dispute process would not be available.

Second, if you are willing to carry your assertion to the level of saying, not that it might not be yours, but that, based on all your information, it is not yours, you can treat it as an identity theft issue. You would have to put that assertion into the form of a police report. If you can or want to take that route, you can send a copy of the police report to the OC, and, regardless of whether they ever reported to the CRA, compel them to provide factual documentation that it was yours under the process set forth in FCRA 609(e).

Absent either of those alternatives, I think you would have to just wait for the adverse information to die its own death thru expiration of the credit report exclusion periods.