Hi everyone ... have an update on my AFNI situation .. in other threads i mentioned that I saw AFNI had a TL on my CRs so i disputed with the CRAs (i know that was a mistake but before i met you wonderful people lol) and EX, EQ verified TU deleted. I sent a validation letter more than 30 days ago to AFNI and have not heard anything from them. EX has the account listed as STATUS: NO STATUS and customer comment: Customer disputes. EQ has additional information: Consumer disputes. Status as of I asked for a reinvestigation with EX and EQ by sending them copies of my letters to AFNI asking for validation and telling them that I had not received validation and asking how it is that they are verifying when the CA can't validate with me ... EQ wrote back today and said that "EQ verified that this item belongs to you. Additional information has been provided from the original source regarding this item. See enclosed credit file." The only thing new marked on this TL is that the last date reported is 11/2003 and that as of 9/2003, this account is more than 120 days past due. It's still noted that Consumer disputes. That report is dated 11/6/03. The privacy guard report I pulled 11/10/03 shows that as of 10/2003, this account is more than 120 days past due. So ..... since it is marked as in dispute, based on what we talked about in the other threads, does this mean that this isn't a violation? Or does updating with the CRA as 120+ days later after they received my letter of validation (and sent estoppel last week) constitute collection activity before proper validation with me (and hence a violation)? Did they commit a violation? it seems to me that verifying the account and saying it's 120+ days late is continuance of collection activity, but maybe that's ok since it also says it's in dispute. thanks again! tboy
And something else .... Maybe this is being too picky. But the FDCPA says: § 807. False or misleading representations [15 USC 1962e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization. ------ AFNI is listed on my EX report as Anderson Financial Network. Now I just assumed that AFNI was shorthand for Anderson Fin Network. But it's not. When I called the Illinois State Attorney General Office and asked if Anderson Fin Network had a license in Illinois as mandated by state law, they said no, their license was not renewed years ago. so i expressed shock and he looked through his list on his computer screen and said, "well unless they are AFNI now -- they have a license" and I recognized the name AFNI from my EQ report and realized that must be them. In any case, it seems the company was named Anderson, but is now AFNI. Perhaps this is reaching, but I think it's misleading to give an old name to the CRA. It made them much more difficult to track down -- it made them more difficult to find out if they indeed were licensed, etc. And again, that isn't following the letter of the law if they are using a name that is no longer licensed. What do you guys think?
So ..... since it is marked as in dispute, based on what we talked about in the other threads, does this mean that this isn't a violation?
Re: Re: Re: AFNI update -- is this a violation? well i called equifax today to receive some more information .... she said that according to my reports today, the AFNI tradeline had been removed. i pulled all 3 from privacy guard .. and sure enough, they are gone ... But i still want to know, are the abovementioned items violations? thanks tboy
Re: Re: Re: AFNI update -- is this a violation? hey t, i would say u r right, but I'm not a lawyer! Though I'd hardly think you need a lawyer's opinion here; the literal sense of what the satute says has not been followed, so my opinion is the same as yours: GUILTY! Anyone else??
Re: Re: Re: AFNI update -- is this a violation? BTW, I too have them on my CR's...actually EQ and TU deleted but EXP as usual has found some way to verify; however, all correspondence I sent to them was sent to Anderson Financial Network. They tried some feable attempt at validation so I know they rcvd my letters! Some reports-not remembering which ones right now-said AFNI and one said Anderson Financial Network...so which is it? Whaich one is legal to use???
Re: Re: Re: Re: AFNI update -- is this a violation? Yah I know -- but the thing is i don't think Anderson Financial Network is their LEGAL name anymore. I do think that this is important because if I hadn't found AFNI on my other CR and I had not been able to ask people on the Internet, I would have not been able to find their address. the BBB does not have them listed as Anderson Fin. Neither does ACA International. And neither does the Illinois State Attorney GA. They all have them listed as AFNI. How can a person file a complaint about a company that no one has records on? Everyone ONLY has records on AFNI. It seems deceptive to me. For example, I am going to change my name. I can't just change it and not tell anyone. There is a legal process I must follow and then from then on, I can't just use my old name whenver I feel like it, especially if there's someone I don't want to reach me. In fact, the major reason they make you pay a bunch of money and fill out all that paperwork to change your name is so that you can't duck out of debts. tboy
