When I didn't know any better, I went downtown and signed up for the AFCA program. First of all, they indulged in a little deceptive advertising, stating that it only cost $49 to get a credit card. I even called and they said after I asked are there any hidden charges, "No, that is it." I should have left them alone then. Desperate, I listened to the shpeel, wrote them a check for the $49, then another for the processing fee, and then the $39 monthly fee. I got the credit card with its whopping $300 limit and was told by the cc company they had dissolved their affiliation with the Afca and I could still keep my visa. I was sick of paying the monthly fee and told them this and faxed them a letter, complying with the 90 day cancellation disclamor in their legal document. I even called to make sure they received it and was told they had. Unfortunately, their California outfit is no longer here and they have no record of receiving a fax. This all happened in March of last year, 2000! Tell me why they called today stating I breeched the contract and they are going to report the $111 to the credit bureaus? I don't need any further blemishes on my credit report and immediately thought of paying them but even before I hung up I asked, "is this legal? I thought you had a year in which to bring forth action." She promptly informed me that I breeched the Legal contract and they could basically do what they want. What should I do?
Do you have anything proving you faxed them that letter? They are already in big trouble in several states - some states are passing laws against what they do. Complain to your state's AG about their blackmail tactics.
Good Luck, I started out with this company then they skipped town with my money. I filed complaints with the BBB, the Texas State Attorney General, and contacted the bank that was handling their accounts. Eventually I got my money back. The Colorado office of the BBB contacted the local AFCA office and the office manager of the AFCA said, "he had no idea who I was, but does not put it past AFCA to pull a scam on the customers and skip town without notice. I continued to complain to the bank you they had a contract with. In the long run they sent me a check for the $49, then they sent me another check for about the same amount. So they paid me TWICE.....JOKES on THEM!!!! But in your situation, I would see if I could find the fax, then a confirmation that the fax was received. Then I would fine a complaint with your respective consumer agencies. This company is a SCAM...and they need to be exposed. Send them a validation letter....this should buy you time and keep it off of your reports. And ensure that all communications take place in writing.
I am dealing with them as well, almost the exact situation. I sent the validation letter, they responded with the signed agreement and all the documents, so it appears they do have their records in order. I had also sent a cancellation letter, cert with r/r. They said they never received it and no one by the name signed has ever worked for them. The bill is small, I have managed to get it off two credit reports, and am going to continue disputing on the other until they tire of responding. I complained to the BBB and they replied after a month that the company refuses to respond to their inquiry and it will be noted on their Denver File.
Yes, and no. I used a fax program back then on my old pc. I saved the file, of course, but I don't know if that would act as proof. It is signed and dated, but I am thinking. I had to call Denver to fax that thing and if I can pull phone records (yeah right but worth a try) I may get somewhere. When I was faxing, they kept saying they didn't receive anything and finally I got someone to say they did receive it who only gave a first name. I wonder does that leave me with a leg to stand on and chances are the fax number is no longer valid. I am just thinking g they have to be way off base to come after me for "breech of contract" a year and a half after the fact. I am going to call one of those small claims advice lines because it is worth it to me to sue them if they add that to my cr.
