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Emailed Afni..their response..help!

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Regular Contributor

Emailed Afni..their response..help!

SO, I sent an Email (bad idea?) to AFNI in regards to PFD. I only owe $178 and want to clear this up asap..this is what I got back-I know that i've learned NEVER to deal with CA on the phone...should I just sent a letter in the mail? Thanks for the advice!

'Thank you for your inquiry.  Your account has been sent to our legal department.  You will need to call 1-800-225-5050 for information regarding your account.'

Thank You,

The Recovery Team

 

Message 1 of 9
8 REPLIES 8
Regular Contributor

Re: Emailed Afni..their response..help!

u also what? emailed?


jwillvin wrote:
Butterflygirlinluv,
 
I also



Message 2 of 9
Valued Member

Re: Emailed Afni..their response..help!

Butterflygirlinluv,
 
Sorry about previous 2 posts computer just went crazy. Mods can you please delete those fragments!
What I was going to say is that I also received a strange response from AFNI. I sent them a PFD via e-mail and in the letter I stated that the debt was past SOL and due to fall off in April 09' and that I wasn't owning up to the debt but rather just wanted it off my report and that it was a win/win situation for both parties involved...blah blah. Anyways, yesterday I checked my e-mail and I got a response back from somone at their offices (I sent the e-mail to six e-mail addresses affliated with AFNI and the response came from someone who was not on my list) this is what the e-mail said:                                          
 
Should I just go ahead and do a credit delete? It was for a family member of his and he doesn't want to file fraud.
 
Was this sent to me by mistake? Was this supposed to be an internal e-mail?
 
Thing is is that I do not remember communicating with these people at all and this debt is because I put a utility bill in my name for my cousin and he never paid it!! How could they know this??
 
What, if any, should my response be??
Message 3 of 9
Regular Contributor

Re: Emailed Afni..their response..help!



jwillvin wrote:
Butterflygirlinluv,
 
Sorry about previous 2 posts computer just went crazy. Mods can you please delete those fragments!
What I was going to say is that I also received a strange response from AFNI. I sent them a PFD via e-mail and in the letter I stated that the debt was past SOL and due to fall off in April 09' and that I wasn't owning up to the debt but rather just wanted it off my report and that it was a win/win situation for both parties involved...blah blah. Anyways, yesterday I checked my e-mail and I got a response back from somone at their offices (I sent the e-mail to six e-mail addresses affliated with AFNI and the response came from someone who was not on my list) this is what the e-mail said:                                          
 
Should I just go ahead and do a credit delete? It was for a family member of his and he doesn't want to file fraud.
 
Was this sent to me by mistake? Was this supposed to be an internal e-mail?
 
Thing is is that I do not remember communicating with these people at all and this debt is because I put a utility bill in my name for my cousin and he never paid it!! How could they know this??
 
What, if any, should my response be??


It sounds like it was suppose to an internal e-mail. I would prob follow w/another email or letter.
Message 4 of 9
Moderator Emeritus

Re: Emailed Afni..their response..help!

The correct way to deal with CRAs
 
DV CMRRR   wait for an answer
PFD      wait for an answer
 
You want everything in writting (paper trail)   No one knows if email is accepted in court or by anyone as a paper trail.
 
The DV is so that you are paying the correct CA.  The assignment could be pulled by the OC or the debt could have been sold to another CA!!!!!
 
Message 5 of 9
Regular Contributor

Re: Emailed Afni..their response..help!



HappyDays wrote:
The correct way to deal with CRAs
 
DV CMRRR   wait for an answer
PFD      wait for an answer
 
You want everything in writting (paper trail)   No one knows if email is accepted in court or by anyone as a paper trail.
 
The DV is so that you are paying the correct CA.  The assignment could be pulled by the OC or the debt could have been sold to another CA!!!!!
 


Happy,
I did DV CMRRR...no answer. It's been over a month. I disputed w/ the Credit agencies as the CA was showing the wrong balance due...investigation results came back and amount was updated and verified. I have been in contact with the OC and they said AFNI has the account, not them.
Message 6 of 9
Established Contributor

Re: Emailed Afni..their response..help!

bump.....I have to pfd them as well. I want to see the responses!  :-)


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Message 7 of 9
Moderator Emeritus

Re: Emailed Afni..their response..help!

send the CA  this letter  CMRRR    if they do not answer....then dispute as *not mine*  along with the no answ.to DV letter & copies of all DV letters   GCs  cert.papers    CMRRR
 
This goes to the CA  CMRRR
 
Dear Sir/Madam:
I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the 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 recieved a request for validation from me on 9/18/07. You have not responded to that request in any way, and since that time you have updated information on my Experian credit report on 10/10/07 and on my Equifax report TWICE on 10/15/07.  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 complaint to the FTC will be immediately filed for each and every violation from 9/18/07 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. It is my hope that you will comply with the law in order to avoid the hassle.
Thank You,
TYPE NAME
<SCRIPT type=text/javascript> hasEML = false; </SCRIPT> <SCRIPT type=text/javascript> </SCRIPT> <SCRIPT type=text/javascript> </SCRIPT>
 
 
Message 8 of 9
Regular Contributor

Re: Emailed Afni..their response..help!



HappyDays wrote:
send the CA  this letter  CMRRR    if they do not answer....then dispute as *not mine*  along with the no answ.to DV letter & copies of all DV letters   GCs  cert.papers    CMRRR
 
This goes to the CA  CMRRR
 
Dear Sir/Madam:
I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the 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 recieved a request for validation from me on 9/18/07. You have not responded to that request in any way, and since that time you have updated information on my Experian credit report on 10/10/07 and on my Equifax report TWICE on 10/15/07.  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 complaint to the FTC will be immediately filed for each and every violation from 9/18/07 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. It is my hope that you will comply with the law in order to avoid the hassle.
Thank You,
TYPE NAME
<SCRIPT type=text/javascript> hasEML = false; </SCRIPT> <SCRIPT type=text/javascript> </SCRIPT> <SCRIPT type=text/javascript> </SCRIPT>
 
 


Happy..send this even though the CRA verified this account, when i disputed w/them?
Message 9 of 9
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