topic Re: AFNI - ATT Collection Letter - what to do? in Rebuilding Your Credit

AFNI - ATT Collection Letter - what to do?

Anonymous — Fri, 21 Aug 2015 15:02:48 GMT

Hi everybody! Well - things have been going great my scores are all hovering around mid 600's now. But I just recieved in the mail a letter from AFNI (debt collector) about a debt they are saying I owe to ATT for $43. I have no idea what this is for as I use Verizon and haven't had ATT since maybe 2008. Anyway - I'm wondering what I should do? I don't have any collections on my CR's and I would hate to have one pop up because I know how damaging that is.

Should I call AFNI or ATT? Send a debt validation letter? I feel like paying the $43 would be easier than spending a bunch of time writing letters and making calls but I'm worried that might validate the debt and then they would report it as a paid collection to the CB's.

Thanks for your advice!

Jeff

Re: AFNI - ATT Collection Letter - what to do?

Anonymous — Fri, 21 Aug 2015 15:05:22 GMT

@Anonymous wrote:
Hi everybody! Well - things have been going great my scores are all hovering around mid 600's now. But I just recieved in the mail a letter from AFNI (debt collector) about a debt they are saying I owe to ATT for $43. I have no idea what this is for as I use Verizon and haven't had ATT since maybe 2008. Anyway - I'm wondering what I should do? I don't have any collections on my CR's and I would hate to have one pop up because I know how damaging that is.

Should I call AFNI or ATT? Send a debt validation letter? I feel like paying the $43 would be easier than spending a bunch of time writing letters and making calls but I'm worried that might validate the debt and then they would report it as a paid collection to the CB's.

Thanks for your advice!

Jeff

Does AFNI's letter say on it that ATT can be paid directly? If so call them and try to figure out whats going on. It could be ID theft or mistaken identity.

Re: AFNI - ATT Collection Letter - what to do?

Anonymous — Fri, 21 Aug 2015 15:23:16 GMT

It doesn't say anything about paying ATT directly.

Re: AFNI - ATT Collection Letter - what to do?

RobertEG — Fri, 21 Aug 2015 19:35:07 GMT

What is the SOL in your state? Presumably the debt is outside SOL?

If you dont recognize a debt, then a DV request is usually an appropriate first step, as most consumrs dont want to pay a debt that they may not owe.

I would send a timely DV unless you would rather simply pay in exchange for an agreement not to report to any CRAs.

However, on the negative side, if yu send a timely DV, you will thereafter not be able to negotiate terms with the debt collector until they first provide the requested debt validation.

You will be in limbo until the validate, as there is no time period for or requiment to validate.

Re: AFNI - ATT Collection Letter - what to do?

BungalowMo — Fri, 21 Aug 2015 23:55:34 GMT

Personally, I wouldn't contact them at all!

What dates are on the letter? There must be something as to when this happened.

Here's the deal, even if something is beyond the 7 year removal time period, these CA's can still try & collect. I get a new one every year from an 18 year old debt. They give me all these wonderful options of paying off. I toss out last year's letter & put the new one in a folder. I always keep one as a reminder of where I used to be & where I never want to be again.

If you know for a fact that you haven't had at&t since 08, then even if it is a legitimate debt, it's due to fall off this year. Keep an eye on your reports. If you have any reports from any of the 3 bureaus from the last several years, you can see if AFNI has been doing soft inquiries too.

Re: AFNI - ATT Collection Letter - what to do?

Anonymous — Tue, 08 Sep 2015 15:23:41 GMT

Well I sent my DV to Afni but haven't received anything BUT now they reported the collection to Equifax, oddly my score went up 10 points.

I called AFNI and they said the debt was valid and refused to do anything else.

Should I pay the $43 and ask for delete or is there something else I can do? It's not my debt so it feels like extortion. Maybe claim it as fraud?
Thanks,

Jeff

Re: AFNI - ATT Collection Letter - what to do?

gdale6 — Tue, 08 Sep 2015 18:54:05 GMT

@Anonymous wrote:
Well I sent my DV to Afni but haven't received anything BUT now they reported the collection to Equifax, oddly my score went up 10 points.

I called AFNI and they said the debt was valid and refused to do anything else.

Should I pay the $43 and ask for delete or is there something else I can do? It's not my debt so it feels like extortion. Maybe claim it as fraud?
Thanks,

Jeff

The collection didnt cause a score increase something else overcame it and also increased it an additional 10 points. If they reported that to the CRA after receipt of your DV and it was timely it is a violation of law and your next move is an ITS letter (Intent to sue) for violatiing the FDCPA and you will settle for them paying the collection and removing it from your report or you will take them to court for the 1K the law allows.

Re: AFNI - ATT Collection Letter - what to do?

RobertEG — Tue, 08 Sep 2015 19:16:03 GMT

Personally, I would advise pondering any quest for legal action. What you win may not be worth the quest.

Yes, you could pursue an allegation of violation of a cease collection bar, but that would be involved, and in the end, would not prevent the reporting of the collection.

First, unless your DV was sent within 30 days of their dunning notice, it did not invoke a cease collection bar, so you definately would not threaten legal action if your DV was not timely.

Even if your DV was timely, it is not an express violation of the FDCPA to report after receipt of a timely DV. FDCPA 809(b) does not list credit reporting as a barred collection activity. Yes, you may find case law that makes such an interpretation, and prevail, but it will only get you $1,000. The debt collector can always, at any time, provide validation and then immediately report, so any cease reporting bar would be only temporary, and would no longer apply once they have validated.

If you wish to win a few bucks for a violation, then you can pursue, but it will burn a major bridge that you may need in order to get a PFD or GW deletion of their subsequent and proper reporting.

Re: AFNI - ATT Collection Letter - what to do?

Anonymous — Tue, 08 Sep 2015 19:25:23 GMT

@RobertEG wrote:
Personally, I would advise pondering any quest for legal action. What you win may not be worth the quest.

Yes, you could pursue an allegation of violation of a cease collection bar, but that would be involved, and in the end, would not prevent the reporting of the collection.
First, unless your DV was sent within 30 days of their dunning notice, it did not invoke a cease collection bar, so you definately would not threaten legal action if your DV was not timely.
Even if your DV was timely, it is not an express violation of the FDCPA to report after receipt of a timely DV. FDCPA 809(b) does not list credit reporting as a barred collection activity. Yes, you may find case law that makes such an interpretation, and prevail, but it will only get you $1,000. The debt collector can always, at any time, provide validation and then immediately report, so any cease reporting bar would be only temporary, and would no longer apply once they have validated.
If you wish to win a few bucks for a violation, then you can pursue, but it will burn a major bridge that you may need in order to get a PFD or GW deletion of their subsequent and proper reporting.

They've already reported - the damage is done. I would certainly go after them - $1k in your pocket in compensation for the damage already done...seems worthwhile to me even if it does not get removed. But its a good bet they would remove reporting, and close the account permanently just to avoid paying the $1k. If they are too stubborn to see the business sense in that deal, they won't be in business long.