Who do I pay?

I would first contact Dish Network, and try to pay through them. This way the collection agency must delete their tradeline. I would wonder if there were a mailing issue on the bill, which you could "explain" as a reason for the issue, and request removal of the tradelines. Just get something in writing from Dish Network.

Also, have you tried disputing the accounts on your credit reports?

 

First, AFNI is a debt purchaser but, even assuming arguendo that they were a simple collection agency why would they have to delete their tradeline? I see nothing in the FCRA or FDCPA which presribes this. It would be the same as paying them insofar as the account was simply paid.

To the OP, you need to dispute the account "type" data field with Experian. AFNI probably has this listed as an installment which it isn't insofar as they bought the account. It may have a past due balance listed as well which is inaccurate. In any event, Dish doesn't own it anymore so you're likely wasting your time with them. Moreover, in credit repair, you can not be successful and adhere to a code of ethics. You must use everything at your disposal.

 

If the debt is settled with the original creditor, and they accept payment for the debt, then the "account/tradeline is usually "called back" by the OC. This is the basis for the deletion, the CA no longer "has" the account, hence must remove its reporting of it.

No, this is not detailed in the FCRA or FDCPA explicitly, but the case of "calling back" an account leads to legal nature of reporting. This (removal feature) is actually in the CDIA manual. The notation being to prevent liability for legal suit of incorrect reporting.

 

This assumes far too much. First, AFNI is sued daily. They couldn't care less about litigation. Their in-house counsel conveys as such to me on a monthly basis because they can make to much profit violating laws not to mention reporting manuals. Again, I could see your argument if this was a debt collector who was collecting for an original creditor. As it is, an original creditor cannot call back an account they sell unless they purchase it back and that simply doesn't usually happen.

 

Send AFNI a validation letter they are still a ca and must go by the FDCPA.

 

That would probably be worthless as old as this debt probably is. You only have thirty days from the initial communication and even then, requesting validation only prevents further collection activity until or if they provide proper validation.


To the OP, 1) yes, 2) you're correct and yes, dispute any balance that Dish may be reporting and any other status other than "paid"; and, 3) Dish should not have accepted payment under contract law and if they did, they should have remitted it to AFNI. There is no actual illegality insofar as none of this sort of stuff is codified however, if AFNI wouldn't have received their monies they would have had a breach claim.

 

There is no time frame validating a debt 30-days or 30-years still holds you can ask for it anytime you want.

 

Sure, you can ask for it but, such a request has no teeth outside the thirty day window (under the FDCPA). Outside the thirty day window they do not have to provide anything in order to continue collection activity.

So why would you poke an angry bear with a short stick; i.e., they could sue you and what brought about the suit gave you no defense.

 

If you request validation AFTER the initial 30 days, the collector MAY continue collection activities under that section; however, if they report it to the CRAs, they may be in violation of the FCRA for reporting a debt that they know, or should know, to be inaccurate, incomplete, or unverifiable. They also MUST mark the item as â??consumer disputesâ? on your CRAs if they report it. Just marking it as â??in disputeâ? doesnâ??t get around reporting information thatâ??s known, or should be known, to be inaccurate, incomplete, or unverifiable. It would just add an additional violation if they DONâ??T report it as in dispute. This would also include if they verify the information with a CRA. Another possible violation of FDCPA would be if they sent a dunning letter AFTER you have requested validation beyond the initial 30 day period, as theyâ??d then be misrepresenting the status or nature of the alleged debt. If you follow up with a C&D letter that should stop the ca in there tracks.

 

I see your first point however, the same is accomplished through a request for re-investigation through the credit reporting agencies. You do have the path confused here though insofar as you would claim a FDCPA violation rather than a FCRA violation if they failed to mark the item as being in dispute. This, of course, is because the FCRA takes some fashion of damage whereas the FDCPA is strict liability. Would be hard to prove damages by failure to mark something in dispute in of itself.

Your second point is misplaced to me. I don't see how a dunning letter can misrepresenting the nature or character of a debt. Foreshadowing may be found therein but, simply sending a letter is not a violation of the provision you reference.

Finally, do not instruct AFNI to simply stop contacting you period. That can lead to a Summons insofar as that is the only way they would then have to contact you. Simply tell them to reduce anything further to writing. This won't help your credit reporting issues though . . .