Collection agency "verify debt" and pay to delete response

Discussion in 'Credit Talk' started by tinaoc, Jul 3, 2012.

  1. tinaoc

    tinaoc Member


    Hope you found my thread on success with pay to delete . Sorry I can't post a link in my thread because I am a newbie You will just have to search this forum for it.

    Now on to my questions

    I sent the same request for pay to delete letter to AFNI collection agency (Bloomington, IL). They have not responded with anything in writing. I checked their website, entered the account number on the old demand for payment they sent me and found this:
    >>>>>>>>>>>>>> Sorry I can't post pictures or links either! Because I am a newbie. <<<<<<<<<<<<<<<<<<<<<<

    The text of the letter, on AFNI letterhead, said

    Please remit to Bloomington, IL address
    Oak Park, MI 48237
    404 Brock Drive
    P.O. Box 3517
    Bloomington, IL 61702-3517

    Afni, Inc. Account #: XXXXX
    Creditor: XXXXX
    Creditor Account #: XXXX
    Social Security: XXXXX
    Balance Due: XXXXX

    This letter confirms the original creditor and balance of your account. Thank you for your attention in this matter.

    If you have any questions, please contact our office toll free at . Monday through Thursday 7am – 9pm, Friday 7am – 8pm, or Saturday 8am – Noon CST. For proper credit on your account, please write this number XXXXXX on your payment.

    This is an attempt to collect a debt. Any information obtained will be used for the purpose. You have the right to inspect your credit. This letter is from a debt collector.

    Afni, Inc.
    *North Carolina Department of Insurance Permit Number 3080
    *New York City Department of Consumer Affairs License Number 0920246
    *This Collection Agency is licensed by the Minnesota Department of Commerce

    The original account number and debt amount are correct so Is this sufficient "verification of debt"?

    I called them to ask for the pay for delete that I had requested in the first letter I sent them. The person on the phone said they have an agreement with the credit bureau's not to do pay to delete. I said well I have more total debt than funds available to pay and I have to pay first the collection agencies that can give me a pay to delete requirement. He said so you are saying your not going to pay? I said no sir that's not what I said and repeated what I said. He said well "let's see what I can do" are you currently working part time or full time. This circle continued until I finally said thank you I hope you have a nice day and hung up.

    So my question is
    1. Is what they posted sufficient "verification of debt"?
    2. If not have any idea of how to respond? Sample letter text would be great
    3. Have you heard of AFNI saying they have this "agreement with the credit bureau's not to do pay to delete"?
    4. Any suggestions on how to use their inssuficient verification as leverage to get a pay to delete agreement? Sample letter text would be great
  2. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Here are a few quick thoughts:

    1.) Most likely is. Was this in response to a DV letter you sent them?
    3.) A lot of CAs say this, but the truth is they have agreed to provide accurate information to the CRAs. That doesn't necessarily mean they can't do a PFD, but some CAs may have strict internal guidelines about not agreeing to do PFDs.
  3. tinaoc

    tinaoc Member

    No I did not send any debt validation letter to them, just the Pay for Delete request letter.
  4. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Then I would still send an official DV letter if it hasn't been more than 30 days since they sent you the dunning letter. After all, you want to protect your rights under the FDCPA and make sure this CA is actually the party that has the right to collect the debt.
  5. jam237

    jam237 Well-Known Member

    It depends on who you ask :)

    The collectors' association, and their membership uses a liberal interpretation of the Chaudhry v Gallerizzo case to say that verification is nothing more than saying "yep, you owe it."

    Chaudhry v Gallerizzo only said that a CA doesn't need to verify (a) legal expenses being broken down to a level where doing so would divulge confidential information or (b) expenses that have not yet occurred, but would be due payable under the agreement that created the account.

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