topic Re: What should I do next.? Sent AFNI, Inc a DV letter in Rebuilding Your Credit

What should I do next.? Sent AFNI, Inc a DV letter

Anonymous — Wed, 10 Jun 2009 15:22:49 GMT

I sent AFNI a debt validation letter for an old Verizon bill that I believe is beyond the statue of limitations. The letter was sent Certified Mail on June 1st. AFNI received the letter on June 3rd.

I just checked my credit report today and AFNI just reported on June 7th. My last report said that it was reported October 2008. So it seems AFNI received my letter and just ignored it and updated the reporting date to June 2009. I know I have to give them 30 days to validate right? What should I do next?

Thanks in advance!

Re: What should I do next.? Sent AFNI, Inc a DV letter

Anonymous — Wed, 10 Jun 2009 22:11:54 GMT

I may be wrong.. but if they updated it on your credit report it must be valid...

I dealt with AFNI recently, i recommend just pay whatever settlement you can Edited! then wait 1 month and send a GW...

if it is truly too old to be on your credit report, you should contact the CRA,

if your talking about SOL on collecting the actual debt, that doesnt affect it being on your CR, the info won't come off of your reports until 7-7 1/2 years after the DOFD.

I paid them in the end of april, and GW'd them last week, and now they are off all of my credit reports.

In the future, please do not post racial slurs in the forums, doing so violates myfico forums terms of service and user guidelines. Thank you for your cooperation!

--fused, myfico moderator

Message Edited by fused on 06-10-2009 12:11 PM

Re: What should I do next.? Sent AFNI, Inc a DV letter

JoeBJay20 — Wed, 10 Jun 2009 16:38:11 GMT

Updating on your report has no correlation to the validity of the debt. What was the nature of the update that AFNI did? Did they just note that it was a consumer dispute, or did balances and/or other information change? Actually they can take as long as they choose to validate, 2 weeks, 2 months, 2 years, but all collection activity must cease until they validate, which includes reporting to the CRAs. If they don't respond with 30-45 days, send a 2nd DV CMRRR and wait another 30-45 days. If that doesn't get it deleted and/or the company continues to update to your report then you want to send letters to the CRAs indicating that the company failed to DV and must discontinue reporting until it does. These letters generally have more weight when sent by an attorney. If you don't wish to wait that long or have a specific need to get it deleted sooner, you should be able to negotiate a favorable PFD as it's past SOL.

Re: What should I do next.? Sent AFNI, Inc a DV letter

GRILLMASTERNEEDAHOUSE — Wed, 10 Jun 2009 16:45:04 GMT

@Mycreditiworsethanurs wrote:
I may be wrong.. but if they updated it on your credit report it must be valid...

I dealt with AFNI recently, i recommend just pay whatever settlement you can jew them down to. then wait 1 month and send a GW...

if it is truly too old to be on your credit report, you should contact the CRA,

if your talking about SOL on collecting the actual debt, that doesnt affect it being on your CR, the info won't come off of your reports until 7-7 1/2 years after the DOFD.

I paid them in the end of april, and GW'd them last week, and now they are off all of my credit reports.

Its my understanding that a debt is not properly validated unless procedures are follow as per FDCPA by provided all the information requested. They should be sending something valid to prove you owe the debt.

Re: What should I do next.? Sent AFNI, Inc a DV letter

Anonymous — Wed, 10 Jun 2009 17:23:38 GMT

@Mycreditiworsethanurs wrote:
I may be wrong.. but if they updated it on your credit report it must be valid...

I dealt with AFNI recently, i recommend just pay whatever settlement you can jew them down to. then wait 1 month and send a GW...

if it is truly too old to be on your credit report, you should contact the CRA,

if your talking about SOL on collecting the actual debt, that doesnt affect it being on your CR, the info won't come off of your reports until 7-7 1/2 years after the DOFD.

I paid them in the end of april, and GW'd them last week, and now they are off all of my credit reports.

Have you had luck with AFNI and GW's?

Re: What should I do next.? Sent AFNI, Inc a DV letter

Anonymous — Wed, 10 Jun 2009 17:55:52 GMT

I have had problems with AFNI in the past my self. They typically collect on unverifiable old utility accounts. You have to push them in the chest. I found an excellent guide to dealing with these guys for free online. Here are your next steps:

1. Dispute the collection with the credit bureaus.

2. Wait 30 days to hear back from the collection agency. Most likely they will not respond or they will respond saying that they received your letter. I can almost guarantee they won’t send you the original signed contract, detailed billing statements, and proof of ownership of the debt as required.

3. If they haven't sent you satisfactory proof, send a copy of your receipt for your registered mail, a copy of the first letter you sent and a statement that they have not complied with the FDCPA and are now in violation of the Act. Tell them they need to immediately remove the collection listing from your credit report or you are going to file a lawsuit because they are in violation of the FDCPA, section 809 (b).

4. Wait 15-20 days to hear back after this second letter to the collection agency. They will either remove it or not respond.

5. The next step in this process is to verify that the CA is licensed in your state, but AFNI is licensed where they are required by law.

6. Next you would file suit in small claims court where you live. Pay a PS to serve AFNI. Because they are collecting at your address they will have to answer in your courts. Make sure that the CRAs are notified of all of your dealings to this point before you file.

It’s not as painful as it looks. I never got past step 3. They simply just removed my entries on 2 different occasions after step 3. good luck.

Message Edited by KCTCJO on 06-10-2009 10:55 AM

Re: What should I do next.? Sent AFNI, Inc a DV letter

Anonymous — Thu, 11 Jun 2009 03:25:02 GMT

@JoeBJay20 wrote:
Updating on your report has no correlation to the validity of the debt. What was the nature of the update that AFNI did? Did they just note that it was a consumer dispute, or did balances and/or other information change? Actually they can take as long as they choose to validate, 2 weeks, 2 months, 2 years, but all collection activity must cease until they validate, which includes reporting to the CRAs. If they don't respond with 30-45 days, send a 2nd DV CMRRR and wait another 30-45 days. If that doesn't get it deleted and/or the company continues to update to your report then you want to send letters to the CRAs indicating that the company failed to DV and must discontinue reporting until it does. These letters generally have more weight when sent by an attorney. If you don't wish to wait that long or have a specific need to get it deleted sooner, you should be able to negotiate a favorable PFD as it's past SOL.

The only thing that updated was the report date.Thanks!

Re: What should I do next.? Sent AFNI, Inc a DV letter

Anonymous — Thu, 11 Jun 2009 15:07:06 GMT

What should be the reason for the dispute with the CRA...SOL?

Thanks for the guide!

@Anonymous wrote:
I have had problems with AFNI in the past my self. They typically collect on unverifiable old utility accounts. You have to push them in the chest. I found an excellent guide to dealing with these guys for free online. Here are your next steps:

        1. Dispute the collection with the credit bureaus.
2. Wait 30 days to hear back from the collection agency. Most likely they will not respond or they will respond saying that they received your letter. I can almost guarantee they won’t send you the original signed contract, detailed billing statements, and proof of ownership of the debt as required.

3. If they haven't sent you satisfactory proof, send a copy of your receipt for your registered mail, a copy   of the first letter you sent and a statement that they have not complied with the FDCPA and are now in violation of the Act. Tell them they need to immediately remove the collection listing from your credit report or you are going to file a lawsuit because they are in violation of the FDCPA, section 809 (b).

4. Wait 15-20 days to hear back after this second letter to the collection agency. They will either remove it or not respond.

5. The next step in this process is to verify that the CA is licensed in your state, but AFNI is licensed where they are required by law.

6. Next you would file suit in small claims court where you live. Pay a PS to serve AFNI. Because they are collecting at your address they will have to answer in your courts. Make sure that the CRAs are notified of all of your dealings to this point before you file.

It’s not as painful as it looks. I never got past step 3. They simply just removed my entries on 2 different occasions after step 3. good luck.
Message Edited by KCTCJO on 06-10-2009 10:55 AM