Okay... I'm new here, but have done a lot of reading on the board and have been working on cleaning up my credit for the last 8 months or so. I have most of the negatives cleaned up and removed from either SOL running out, or disputing and asking for validation. I have one thorn in my side that I can't get anywhere with. I had Dish Network service several years ago. When I called and cancelled, I asked about any outstanding balance, cancellation fee, etc. I was told I had fulfilled my contract, and that I would actually be getting a credit from them due to my recent payment. I never got a credit, and never got another statement. Fast forward to this past August. I see on my credit reports a listing for AFNI / Dish Network for $201 with a report date of a couple of years ago. When I saw the listing, I had not received any communication from AFNI. I sent an "I dispute this, validate the debt" letter. I got a generic response on their letterhead with the account number, and alleged amount owed and a statement that "this constitutes verification of the debt". I know the law is gray in the area of what constitutes proper validation. I sent a second letter with a different tone. "Your response does not provide me the info I need- I was told I would be getting a credit / never received anything/ please help me out and send me a breakdown of these charges so that I can determine if they are legitimate- if they are I will pay / here is a screen print of Dish's website showing that my account balance is $0". No response. Third letter was a nastygram "I've sent two letter requesting validation, and you have not provided adequate documentation. FTC opinion letters state... / you have gone out of your way not to comply with my requests / you are in potential FDCPA violation for not responding and for willful non-compliance". I got the same generic response as the first letter with a new date. Where do I go from here? They are obviously not going to send me any documentation. (If they could send me something showing that these charges were legit, I'd pay them that day). I don't know whether to keep going after them, to go to the CRAs with copies of everything, or to go to Dish and ask for statements. I've also seen some people going to the BBB and IL AG about AFNI and having luck. Any advice would be appreciated. Mike
If they're still reporting this on your credit reports, I would go back to the CRAs first with proof that the debt hasn't been verified by the CA and is incorrect information. Have you already disputed through all the major credit bureaus?
I originally disputed with the CRAs. They came back verified, and when i requested method of verification, they sent generic "we verified electronically..." statements. I thought about disputing with CRAs again and including the info sent and received from CA. Since the laws are so vague on what constitutes validation, i figured that would be a waste of time. The $201 is worth paying just to just get it off, but i don't trust the CA to remove it. If I paid Dish (if they even say I owe the amount and if they will accept it), I could dispute with the CA as paid with proof and make them delete it couldn't I? That's what I've been thinking about doing. I hate to give in to them though when I honestly do not believe this is correct and no one has been able to provide any proof...
DISH probably won't accept your payment if they've sold the debt- they'll just direct you to the CA. If the debt has been transferred to AFINI for collection, I wouldn't pay DISH anything unless they agree to pull your account back from collections first. You don't want to deal with trying to get the CA to remove the collection after you've already paid the OC. That often gets messy. What has been DISH's response thus far? Have they provided you with anything to show you had a remaining balance at all?
I haven't talked to Dish. I did call in and the woman was unable to pull up my account. I was transferred to another dept. and waited on hold for about 10 minutes before I hung up. The website still lets me log in, and shows a $0 balance. I sent AFNI a copy of that (twice) which they ignored. I did file a complaint with the BBB in their area today. We'll see if that has any effect.
I would definitely make direct contact with DISH too. Find out if the account has been sold or just transferred to collection, and see if you can get any documentation that your account was actually closed with a 0 balance. It sounds like this could all be some sort of billing issue to me. I know I've dealt with cable providers in the past that claimed my account was closed and then they never closed it, so I had to follow up numerous times to get extra charges reversed and make sure the account was really closed.
I am going to try and send a letter to DISH. In the meantime, I disputed with the BBB as suggested. They responded back and said they had fully complied with all of my inquiries (not true), and listed the history of the account- when it was opened, what address it was opened on, why it was closed, what Dish claims, etc. First there were inaccuracies in that information, second, I question whether they can post some of that information per the FDCPA sec. 805 (they basically revealed personal info). I know I started a dispute, but there are better delivery methods of that info than sharing it with the BBB. I responded that the info they listed was inaccurate (didn't give them correct info, but told them what was wrong). Also mentioned sec 805. I did not accept their resolution of a settlement for 1/2. Waiting on their response again.
They responded back with the same thing- they'll settle for half. No mention AGAIN of the statement showing $0 balance I provided them. BBB closed the case. I added a copy of the statement and a message that I was going to file a complaint with the AG as well. In the meantime, I'm sending Dish this letter that will hopefully get them to provide me with something saying the account is in good standing. It recently came to my attention that Dish Network has supposedly provided information to AFNI collections claiming that I owe money for Dish Network service. I previously did have an account with Dish Network, but it has been years ago. I cancelled the account the year Dish lost its MLB package for the sole purpose of continuing to receive the baseball package through a competitor. When I cancelled my account with Dish, I was informed by the customer service rep that I would be receiving a credit to my account. I never received that credit, nor did I ever receive a bill after that point to my recollection. Upon noticing AFNIâ??s listing on my credit report, I asked for verification of the account as required by the FDCPA in order to ensure it was my account and was correct (I was immediately concerned due to the fact that I am not aware of any existing debt to Dish Nework, and the fact that AFNI has my name improperly listed on the account). I failed to receive proper validation on the account on three different occasions (proper validation being documentation from the original creditor- in this case Dish Network). I subsequently filed a Better Business Bureau complaint against AFNI for failing to provide documentation of the account and still continuing to report it on my credit report. AFNIâ??s response still did not meet the FTC precendence regarding proper verification, however in their response, they did make incorrect statements about the account including the service address and the reason for cancelling service. Those statements concern me about the information Dish Network is supplying AFNI if in fact AFNI received information from Dish Network at all. In the interest of preserving my reputation and preventing further damage to my good name, I am requesting Dish Network provide me with a copy of the contractual agreement with Dish Network bearing my legal name and signature as the party responsible for the account financially. Since I am unaware of any existing balance owed to Dish Network I am also requesting per the FCBA (Fair Credit Billing Act) copies of the complete billing history for the life of the account, all information related to service dates addresses and changes, billing dates address and changes including dates that bills and correspondence were mailed, and the address they were mailed to for the life of the account. I am also requesting a NOTARIZED statement from Dish Network that the information provided in response to my request is 100% accurate and up to date in reference to all statements, charges, addresses, dates of mailings and address of mailings. In accordance with my Federal civil rights as defined by the Fair Credit Billing Act, you are hereby obligated to comply with this lawful request for elaborated documentation for billing, including charges and interest, as well as a full accounting of where each bill was mailed, for the life of the account, or rescind these reports from every consumer reporting agency to which you have reported, as well as notifying AFNI that their collection and reporting of the account is to be rescinded. Your swiftness and attention to this matter is expected. Thank you for your help and cooperation in resolving this matter. We'll see what happens from here. The sad part is that if someone would just give me something showing I legitimately owe the money I would pay it in a heartbeat. So far no one has been able or willing to do so though.
