DVs to AFNI

[daisy245]

I sent a dv to Afni and they signed for it on 12-4-08.  They are reporting 2 accounts on my CR. 

The first one, the sent a letter that stated the OC is xxx, address, and acnt #.  In my letter to them I asked for a copy of the debt and they did not provide this.  I sent the "per FDCPA letter, I want a copy of the debt......." and they signed for this letter on 12-29-08.  As of today, I have not heard anything on this.  The 35th day is coming soon.  So should I send the 2nd letter or give them more time?

On the second one, I have not heard anything at all.  I sent both DVs together.  I know they got it because they are reporting both accounts in dispute.  The 35th day is coming soon also.  I am going to send the 2nd DV letter on this one. 

I just need clarification on the first account.

[Anonymous]

per FDCPA they don't have to provide you with a copy of the debt. they should have provided OC name and address, account number and amount.

I think they might be OK for the first one.

for the second one, I'm pretty sure they are technically in violation - when did they get it? when did they sign the GC?

 I would consider the first validated.

For the second, I would send a second DV letter and also complain to AGs, BBB and FTC for violation of FDCPA.

[daisy245]

Maybe I am not understanding this right, but I found this on a search in the forum. 

FDCPA 809:809.

Validation of debts(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment,or the name and address of the original creditor, and a copy of such verification or judgment

This actually worked for me on another account.  All they sent was a computer printout of OC name and address.  I sent them a letter that stated I wanted a copy of the bill.  They sent the account back to OC because they could not provide the copy I asked for.  I paid the OC and the CA went poof. 

I sent the letters to AFNI together in the same envelope CMRRR.  The 35th day is rolling around, so I want to be ready.  ")

Message Edited by daisy245 on 01-07-2009 04:38 PM

[Anonymous]

daisy,

"verification of the debt" and "copy of such verification" are so badly defined, that anything qualifies as verification - a notarized statement or affidavit could qualify as such.

anyway, feel free to bang on them, but I think the hope for the first debt is quite thin.