This is a letter I found on forum and made some modifications to fit my situation. I have been unable to get any Response from AFNI on a collection acct that was placed on my report from a company I have never done any business with. Any suggestions from resident Pro's of the forum will be appreciated.
Dear Sir/Madam:
I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until a debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.
You received a request for validation from me on January 15,2008 and 2nd Request on March 14,2008. You have not responded to either request in any way, and since that time you have updated information on my Transunion credit report on 02/2008 and again on 03/2008. Each of these updates constitutes a violation of FDCPA.
While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.
I look forward to an uneventful resolution of this matter.
I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:
Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
Agreement that bears the signature of the alleged debtor wherein they agreed to pay the original creditor.
Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
Intimate knowledge of the creation of the debt by you, the collection agency.
As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation. You have 5 days from the receipt of this letter to remove this account from any and all reporting agencies, or a Formal Written Complaint to the FTC, Illinois Attorney General, Florida Attorney General, and BBB will be immediately filed for each and every violation since 02/2008 until this issue is resolved. It is common knowledge that your company often violates these laws and I have no doubt that if I choose to litigate that you will be held liable for your actions. I have already contacted a consumer attorney that has agreed to proceed with a lawsuit if you continue to willfully, and blatantly disregard the laws governing proper procedures as stated in this letter and as previously stated in prior letters. It is my hope that you will comply with the law in order to avoid litigation. This will be my final letter to your company, and if you refuse to comply, I will bring forth a suit immediately, for any and all amounts I am entitled to by law.
