Letter to AFNI

[wrw0010]

I recently sent a validation letter to AFNI in response to a bogus Cingular account. I then disputed with the CRAs on the day that the USPS tracking system showed they had received the letter. They verified with all 3 CRAs over the next few days. They also sent me a letter asking me to send them all kinds of information like my passport, etc...

I am sick of thes guys and just want to get this over with or else go for it and take these idiots to court. Is it too early to send the following letter? Is there anything I should add or delete?

Dear Sir or Madam:

I am writing in response to your letter I received today asking for more information from me.  I address each of these items below.

The specific information I dispute:

This debt is not mine. I have never had an account with Cingular. In fact, I have had the same Alltel cellular account for nearly 15 years.

Basis of my dispute:

Your allegation that this is my account is false and you could not possibly have proof that it belongs to me since I have never had an account with you or with Cingular.

All supporting documents to substantiate my claim …Phone number:

According to the statutes under the FDCPA and the FCRA, the burden of proof lies completely upon your company.  I have requested full validation of this debt. You received this request on 10/15/2007 yet you have continued to engage in collection actions by verifying this debt with all 3 major credit reporting agencies (Experian, Equifax, and TransUnion) without first providing the validation. This is a clear violation of Section 809 of the FDCPA.

There is not an obligation on my part to provide you with any information. Furthermore, I would never send any of the information you requested to a company with which I have no business. Since the debt you claim is mine is either completely fabricated or mistakenly assigned to me, I  have no documentation regarding the alleged account.  I also do not give out my phone number to companies who have no legitimate reason to call me.

Since you have already violated the statutes which govern your actions in these types of matters and through these illegal actions you have caused me general and specific damages through higher rates and denials of credit, I will no longer accept any action other than the immediate removal of this account from each and every credit report and record including but not limited to the 3 major credit reporting agencies (Experian, Equifax, and TransUnion).  If this account is not removed within 7 days of your receipt of this letter, I will be forced to file a complaint with the Attorney General for the State of Illinois, the Better Business Bureau, and the FTC.  In addition, I will pursue damages in court for the violations above as well as any others that may occur.

[Anonymous]

Great letter-

I would file a complain with the BBB, FTC and State AG if they remove or not.

I actually would get a attorney and sue for violations-

They had their chance to fix this-

[Anonymous]

They just got my DV letter today!  Is this what I have to look forward to? 

[wrw0010]

Judging by what I have seen on the boards, one of their first moves always seems to be the letter that asks you to provide all kinds of info to them. If however you start off with a DV, this letter is absolutely a violation because it clearly says that it is an effort to collect a debt. At this point I believe they are your whipping boys.

[Anonymous]

I DV'd them at the same time I disputed with the cras.  It looks like a lot of people are having trouble with them.  If they want me to provide them with info, what do you think my next step should be?  Im not sure, but I have some old cra reports, I might be able to prove that they re-aged my account.

Message Edited by nfg on 10-19-2007 11:38 AM

[wrw0010]

If you can prove they re-aged, I would go ahead and threaten to sue them for violations if they don't delete. Follow up with the Illinois AG and the BBB as well.

[Anonymous]

You are dealing with the worst of the worst.  They reaged my account and has not budged.  I have filed with the BBB, the IL AG, the FTC the MO AG and with all three credit reporting agencies.  This company just laughed and said pay me.  I now have an attorney that is in the mist of building a case.  The credit bureaus and Charter will also be named in the lawsuit if I have my way.  The FTC was notified on several occasions.  AFNI will have to be broken.  There is much much more to this as you can see looking at my previous posts and some other previous posts.  Also just google their name and you will see what kind of CA this is.  This is an account from 2002 that I had deleted then they brought it back reaging it to 6/2007. 

Message Edited by monro411 on 10-19-2007 02:59 PM

[Anonymous]

Hi, wrw0010,

Any update on the AFNI nightmare?

I have sorta the same thing, never heard anyting back from AFNI after DV, they've just reaged my reports!?!?!?! several times to make it look like currently past due.  So frustrating!

My situation is that I paid Alltel and in full and closed the account, exgirlfriend's son opened without my knowledge.  Sent letters and also called Alltel, each time they said they closed the account.  Even received confirmation numbers.  Liars.  I paid 2003 in full the third time around just to save my credit rating and they promised me it was taken care of.   

Guess what they sold it to AFNI.   AFNI called to settle for partial!  I am not paying again, it is over $400 dollars. 

[wrw0010]

Update:

I have recently sent letters and evidence of FDCPA violations to the BBB, FTC and the IL AG. I am waiting to hear back on those. If I don't get satisfaction, I will be pursuing the matter in court.

Anybody have advice on an intent to sue letter? I will probably make it short and sweet and just include copies of my other letters.

[LuvsRetro]

Hi wrw010,

Were you able to get anywhere with AFNI, my brother is still trying to get a response from someone/anyone.  BBB sent back, that they are reviewing.   

He's now considering a lawsuit on both Alltel and AFNI.