@Anonymous wrote:2 quick questions - and if answered elsewhere, I apologize - just send me in right direction thanks!
I sent validation letter to AFNI for AT&T Mobility Cell Phone bill that is not mine. I recieved a letter saying that they were deleting the account from my report - and then 8 days later - I receive validation and a letter stating how much I owe and to please pay in full promptly. Is there anything I can do about this?
Also, I sent validation letter to Portfolio CMRRR. I did not receive a response in 45 days, so I sent a follow up. I received a letter stating that my request was frivolous because I already sent one letter. I explained in the letter that it was a follow up to the first one. Then, stupid me called them. I told them that I couldn't be sure that the account was mine, and wanted validation, and would be sending the proof of the first 2 to the credit bureaus. I was then sent an Identity Theft Affidavit. I sent it back with a letter stating that I wasn't ready to report identity theft since I wasn't sure if the bill was mine or not. I just want validation. In response, I receive yet another letter stating my request is frivolous. What now?
Thanks in advance - and I hope I am not too confusing.
If you have mailed a DV and have not received validation response, then as Robert suggested, file a dispute witht the CRA if you believe this is inaccurate.
The CA is prohibited from verifying the debt account with the CRA until such time as they validate to you, in writing. If they verify without validating, they are in violation of FDCPA. They are also technically in violation of FCRA because this can be construed as reporting "innaccurate information."
The reason it can be deemed as innacurate information is due to case law under the "Doctrine of Estoppels by Silence." The case law supporting this doctrine is Engelhardt v. Gravens (Mo) 281 SW 715, 719. This doctrine states that absent a reply to your request of validation, you may legally presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.
This doctrine would not be reasonable to apply in merely a few weeks, but if your original letter was CMRRR and more than 45 days, plus additional follow up letter and phone calls (keep phone logs), then this doctine could apply. If you want more information on this, contact your local bar for a referral to an attorney for consult.
This does not prevent the CA from later providing the DV, because they do not have a time limit on doing so. They are only prohibited from engaging in collections until such time as they comply. However, technically speaking, even though FDCPA and FCRA do not impose time limitations, the doctrine of estoppels by silence may limit them should this come down to a lawsuit, depending on the specifics and facts of your case.
However, your state law may impose time limitations on them, so check into state law. For example, in Texas, our consumer protection laws under Texas Finance code require them to do so within 30 days. In Texas a CA must be bonded and registered with the Texas Secretary of State. They must comply with Texas state laws in addition to Federal statutes. And many CA's only comply or only worry about the federal, and haven't a clue on the state level....so check it out.
Final comment. If this is in fact your debt, then you are best advised IMO to seek a PFD, if at all possible. Also, this information is not legal advice, it is general and theoretical information for you to build questions to discuss with your attorney. So do not go down a legal road you are not familiar with unless you discuss with an attorney. You can generally get a consult with a local attorney through the local bar association "referral assist" for a nominal fee. In my area the referral consultation is $20 for up to 30 minutes.
You can also join Pre-paid Legal Services for $17 per month and have telephone access to attorneys for general telephone consults.
Good luck!
