My mother sent out a DV letter via Certified mail to Afni collection.. She done this on 11/3/2005.. To make a long story short, 90 days later she received a letter from Afni and it stated....... *We have received your dispute related to information Afni, Inc., has reported to the credit bureaus. At this time we are unable to investigate your claim because you have supplied insufficient information. After you provide the items listed below, we will investigate your dispute. *The specific information you dispute * an explanation of the basis of your dispute *All support documentation to substantiate your claim, which may include, but is not limited to, a photocopy of your driver's license or the indentification page of your passport,receipts,proof of your address at the time of service, etc. * A valid contact number at which we can reach you Should she request validation again? Estoppel? Thanks.. P.S. The oc is Sprint pcs, my mother paid this off years ago before switching to cingular.
How many years ago was it paid off? Was it paid off, on time, directly to Sprint? Are her cancelled checks, or bank photocopies, available? Was your mother's DV sent in response to a collection letter from Afni? Or in response to seeing their TL on her reports? What did her DV letter say? Did she receive an initial contact letter from Afni, including the FDCPA required notice of her right to request information on the original creditor, and her right to dispute? Did she send her DV within 30 days of receipt?
Hello ontrack, how are you? Well the account was paid off i believe 3 or 4 years ago.. She pay online with her check card but I'm pretty sure she always keep her old bank statements.. I'm pretty sure she has it.. Afni, sent the letter so my mother disputed the claim as inaccurate... Here's her DV letter.... *Dear Sir/Madame: Your company is reporting the above referenced account on my credit report as a collection account. I have disputed this item with the credit reporting agency and they reported you confirmed the account as valid. In a good faith effort to resolve the matter amicably, I must demand proof of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must correct any erroneous reports of this past debt as mine. I must ask you to provide the following information: 1. Please evidence your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter. 2. What is your authorization of law for your collection of information? 3. What is your authorization of law for your collection of this alleged debt? 4. Please evidence your authorization to do business or operate in this state. 5. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. 6. Please provide a complete account history, including any charges added for collection activity. You have thirty (30) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you placed this on my credit report(s) in error and that this matter is permanently closed. Provide the proof, or correct the record and remove this invalid debt from all sources to which you have reported it to. For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.* *Did she receive an initial contact letter from Afni, including the FDCPA required notice of her right to request information on the original creditor, and her right to dispute? Did she send her DV within 30 days of receipt?* No, she only receive a letter claiming she owe sprintpcs.. Afni offer her a settlement amount to pay.. DV within 30 days? Yes, the day after she receive the letter.
Form BS letters get form BS responses. At this point, the best you can say is that they have verified that she disputed timely, although they may claim they sent an earlier letter, but if you leave things as they are, they will insert their TL, if they haven't already, and claim her dispute was frivolous since she didn't respond. If she drops the matter, they will probably claim she didn't dispute timely, so they were free to assume the debt valid. Your mother's position is that she paid it, directly to Sprint. She has proof (get a copy now). They are collecting in error on a paid account, and continued reporting of it as a collection account, whether paid or not, is misrepresenting of the legal status of the debt, violating FDCPA. The account must be cleared off her reports, as the debt was and is invalid. The problem is that her first letter, although clearly being a dispute under FDCPA, may appear frivolous or overly broad if you need to take this to court. The fact that she has requested an accounting for the debt may be lost in the other requests for authority to collect. They may appear entirely reasonable in their reply, even though they added on a bunch of BS requirements, like copy of drivers license, proof of address at time of bill, etc, since from your dispute they have no way of knowing if you are disputing it based on fraud or id theft, or whatever. They claim it is from Sprint. Have they provided the original Sprint account number, either in their initial letter, or in their second letter?
Re: Re: My mother needs help... Thanks.. I'll forward this to her.. Do you have any Sample Dv letters?
Re: Re: My mother needs help... Have they provided the original Sprint account number, either in their initial letter, or in their second letter?
Re: Re: My mother needs help... "She found the letter and the statement proving this account was paid out and closed..." What letter was this? Was this her final statement, from which she made her final payment? Does she have a copy of a letter sent to close the account, or a copy of a letter or statement received from Sprint acknowledging closing the account? Does the original Sprint TL show on her CR, and if so what is it reporting? Does it show "closed by consumer", "paid as agreed", or similar notations, or does it show any collection notations?
Re: Re: Re: My mother needs help... *What letter was this? Was this her final statement, from which she made her final payment?* Sprint confirmation letter confirming the account is closed with a zero balance.. *Does she have a copy of a letter sent to close the account, or a copy of a letter or statement received from Sprint acknowledging closing the account?* Yes... *Does the original Sprint TL show on her CR, and if so what is it reporting? Does it show "closed by consumer", "paid as agreed", or similar notations, or does it show any collection notations?* She pulled her credit records last week and it's confirming zero balance and it's showing *Closed By Consumer*.
Re: Re: Re: My mother needs help... It looks like you have proof the account was closed by the consumer with 0 balance owed to Sprint, and the CA has no business collecting. They have also not provided any validation of the debt, while acknowledging they received your request. At this time, is there any information to directly tie Afni's account to your mom's Sprint account or phone number? Are they reporting the TL on her CRs, and is it marked in dispute? How many CRs have you checked? Have you disputed the account with the CRAs?
Re: Re: Re: My mother needs help... AFNI appears to frequently collect on various utility accounts, particularly cell phone accounts. Bogus cell phone debts are not uncommon, whether due to id theft, or erroneously sold paid accounts. http://www.ripoffreport.com/reports/ripoff153251.htm http://www.ripoffreport.com/reports/ripoff146214.htm http://www.ripoffreport.com/reports/ripoff72739.htm http://www.ripoffreport.com/reports/ripoff155001.htm http://www.ripoffreport.com/reports/ripoff92795.htm Sprint had no business sending, or selling, a paid account to a CA. AFNI has no business collecting on a paid account, nor should they be rebuffing your request for validation, which would have settled the matter if they had gone back to Sprint to verify the debt. They haven't even provided you with Sprint's account number on which they claim they are collecting, and they are asking you what you are disputing and demanding information from you before they meet their legal obligation to respond to your request? If they choose to avoid the safe harbor that shields them from liability under FDCPA, so be it. The market for portfolios of old, dubious, or legally uncollectable debt has led to an increase in "debt" that may never be paid, cancelled, or otherwise resolved, sold from one JDB to another. If it is uncollectable to one JDB, they often still sell it to another. Some CAs employ various strategies to either convince consumers they owe debts they might not, or deflect consumers from using their FDCPA or FCRA rights to dispute. These can result in consumers paying debts not owed, just to avoid continued harassment. To resolve this debt finally, you need to bring accountability back into the picture. To minimize the time to resolve this, minimize the damage, and be positioned for legal action should they fail to promptly correct, you should be carefull to build a paper trail of your dispute with all parties. That includes regulatory complaints against both Sprint and AFNI: FTC, FCC, your state AG, and IL AG, with BBB complaint thrown in for public visibility. By the way, how old is your mother, and is there a good consumer TV or newpaper journalist in your area? First let's see where you stand. You are looking at what steps you need to take to ensure FDCPA or FCRA violations, should AFNI fail to respond in good faith. At this time, is there any information, either from AFNI, Sprint, CRs, or her own records, to directly tie AFNI's collection account to your mom's, or any, specific Sprint account or phone number? Not just "You owe us $xxx for a Sprint account. What letters has AFNI sent? Do they meet the legal requirements for letters from a debt collector, and in particular, did their first letter to your mom include the FDCPA required language notifying her of her right to dispute? (I know. She did in fact dispute. But AFNI was obligated to send her a letter with that notification as their first letter anyway.) Are they currently reporting the negative TL on her CRs, and is it marked in dispute? How many CRs has she checked? Has she requested paper copies of her CRs from the CRAs? Has she disputed the CR TL with the CRAs ("I have no unpaid Sprint account.") and has AFNI "verified"?
Re: Re: Re: My mother needs help... How much are they trying to collect? On what date did your mom close her account, as evidenced by Sprint's confirmation letter?
Re: Re: Re: Re: My mother needs help... Thanks for all the help, ontrack.. My mother really appreciated it... Good news, the CA *Afni* removed their TL and their inquiries off the big 3 credit bureau.. But my mother still want to sue them on violated the FDCPA.. Afni, ignore her wishes not to be contacted by phone, but they constantly calling and leaving nasty voice messages..
Re: Re: Re: Re: My mother needs help... Just $80.68, but that's the amount my mom paid out years ago.. Her account was closed on 4/2/2002 after her contract was up..
Re: Re: Re: Re: My mother needs help... Your mom's final Sprint statement, and cancelled check, are for $86.68, identically matching the AFNI collection amount? Have you asked Sprint about the account? AFNI has removed the TL? Was this in response to a dispute sent to them, or a dispute sent to the CRA? The inquiries also disappeared? Or were they shifted to the section for inquiries visible only to the consumer? If disputed and removed by the CRA, did the CRA send you the result of their "investigation"? Did AFNI send you anything in writing acknowledging their intent to correct the error and remove the TL, indicating that they consider the account closed and already paid, or did they just remove it? Did they still continue to call, or send dunning letters, after receiving your mom's dispute? If they have removed the TL, that is where they would likely violate FDCPA by continued collection without validation following your dispute within 30 days. In other words, is this problem now put to bed permanently, or do you need to force the issue before they either sell this zombie "debt" or reinsert the TL?
Re: Re: Re: Re: My mother needs help... You asked about a sample DV letter. That's the mistake that many people, including your mother, make. I think that's what ontrack was talking about. You see a letter somewhere and it asks for a lot of stuff like authority to collect, and you think it sounds good. The problem is that you're asking for too much, and it's a letter they've seen many times before. The best way is to write something simple, in your own words, something like this: I have received your letter and am writing to request validation. I have no knowledge of this debt, so please send me documentation showing my signature, as well as an accounting of how you arrived at the amount. It is inconvenient for me to receive phone calls at any time, so I am requesting all future correspondence be in writing. Something simple, in your own words, is best.
