I just started repairing my credit and sent a DV to AFNI via CMRR and have proof that they received my letter on 02/17 (electronic notice, the green card hasn't come back yet). Today, I got an alert from Equifax: "The following changes were reported for your ANDERSON FIN NETWORK/BLOOM account:- Account Status Changed from Refinanced or renewed to At least 120 days or more than for payments past due" dated 2/19/2011. Does this constitute a violation on AFNI's behalf?
Did you send your DV letter within the 30-day window? If so, a lot of people will argue that the CA isn't allowed to report the debt on your credit reports until they respond. However, it's frankly kind of a gray area. What the FDCPA actually says is that the CA needs to "cease collection of the debt". Of course, the meaning can be interpreted in many ways.
No, this is way beyond the 30 day window. To me, it didn't seem like enough of an effort on their part to constitute any type of violation, but I just wanted any little piece that helps me build a case if need be.
If you missed the 30-day window, I doubt you'll hear anything back from them. But I would still give them some time to possibly respond since they just received your DV letter a week ago.
If I don't hear anything back from them, how can I ever get validation or eventually lead to this coming off of my credit reports? The CRAs are just going to say everything is "Verified".
You really needed to respond within the 30-day limit to protect all your rights under the FDCPA. Have you already disputed with the CRAs? If the debt isn't yours, then why do you think it will come back as verified?
I Fought on this exact thing for years for a Business Nextel cell phone account, (which became sprint) for the entire 7 years it was on my CR, it was not mine. It has of this month dropped off my report. I lived in California most all my life and this was a account they said that was opened in Orlando Florida. I ended up moving to Florida a couple of years ago but have still never been to Orlando and still have never used Sprint or nextel. Every time they just came back with "It was verified" ... I kept asking for proof but never got anything back. I finally just waited it out and it has since dropped away this month and my credit score jumped up as well.
This is the catch of validation. There are a million other websites out there with bad information on the DV process, so I blame them for the misconception that DVs must always be adhered to. If a DV is not sent within 30 days of initial contact, it's meaningless. After 30 days, it may make you feel better, but the CA and OC are under zero obligation to respond. They can ignore your DV and keep on trying to collect, and it's perfectly legal.
