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AFNI Collection

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Anonymous
Not applicable

AFNI Collection

Hello All,

 

AFNI reported a collection in which I sent them a Debt Verification letter.  They replied 4 months later attaching an ATT bill in which it has my name (which is common) and an address I've never lived at!  Does anyone have any suggestion whether I should go back to them and tell this this is basically not mine and that I never lived at this residence or just dispute it with the bureaus? 

 

Thanks!

5 REPLIES 5
Anonymous
Not applicable

Re: AFNI Collection

Likely might require you hiring a lawyer well versed with collections practices.  It's in your interest to get AFNI to communicate via USPS so I'd write them a letter stating "This debt is not mine, it is obviously someone with the same name.  I have evidence that I have never lived at that address/in that city ever in my life.  It is in your interest to immediately stop collection activity on this debt against me and to cease and desist any communication by phone and only contact me in writing.  Please note that continued collection activity such as a lawsuit or reporting this false claim to the credit reporting agencies may violate the law and incur penalties against your firm in the event of continued collection activity against me."

 

Then hope they write you a letter and violate federal law so your lawyer can get a nice settlement out of it and charge you $0.

 

AFNI is actually a pretty good CA in my experience and data points, but they do make mistakes.

 

Are you CERTAIN it isn't your debt?

Message 2 of 6
Kree
Established Contributor

Re: AFNI Collection

Clarification,  you say dispute with Bureaus. Is this something that has reported already?

 

If not on CR, send a cmrrr letter stating that this is not your debt and to stop contacting you.  They need you SS# to report it. And this sounds like some other BigA1975, so they won't have your social.   If they contact you again, you can take legal action as that would be illegal.

 

If it is on your CR, additionally file a police report over stolen identity, as someone opened an account pretending to be you.  Then use the police report to dispute with the CRAs.

Message 3 of 6
Anonymous
Not applicable

Re: AFNI Collection

Thanks for the advice. Im going to try to send them a letter. Yes. I never lived at this address and have no recollection of this debt.
Message 4 of 6
Anonymous
Not applicable

Re: AFNI Collection

Thanks Kree. Yes. This was reported to the bureaus. I I'm going to send them a letter explaining that this is not my debt and that they have the wrong person and address.
Message 5 of 6
RobertEG
Legendary Contributor

Re: AFNI Collection

As for the DV request, was it timely, meaning was it sent within 30 days of their dunning notice (or without prior dunning notice)?

If not, it imposes no cease collection bar or other limitations, and can be ignored.  

If the DV was not timely, I would not pursue any violations on thier part that is based only on a lack of what you consider adequate validation.   There would be no violation unless/until they continue collection activities without first having provided adequate validation.

 

Even if timely, if you consider their response to not be adequate validatation, that per se is not a violation.  There is no requirement to or period for sending debt validation under the FDCPA, so it you consider their response to not be adequate validation, it is the same as if they sent nothing.  They would remain under a cease collection bar.

 

It appears, in view of the new information obtained, that either a dispute with the CRA or an identity theft block may now be the more appropriate step.  You now have a factual issue and basis for contesting the entire debt by way of a dispute to the CRAs.

They may verify, notwithstanding any documentation or arguments you present with your dispute, but their verification then becomes basis for civil action on your part, which is your ultimate step in getting judicial review of the reasonableness of their investigation.

 

As an interim process, with or without any issues of debt collector verification via either a DV or dispute, if you file a police report and submit to the CRA, you can get the collection blocked from your credit report under the identity theft process of fcra 605B.  That removes any scoring implications, but does not resolve the underlying issue of proving the legitimacy of the debt, so I would pursue both a dispute, opening the door for civil action on your part, and meanwhile get the collection removed from your credit report using the identity theft process.

Message 6 of 6
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