Please I need some response on this

Discussion in 'Credit Talk' started by RobynRocks, May 1, 2004.

  1. RobynRocks

    RobynRocks Member

    Hello all!

    I have been disputing a TL from AFNI (appears on all three CRAs, has been removed from TU and Equifax, still on EXP ???).

    The OC is Dish Network. I first disputed with CRAs (which I now know is a bit out of order, but I didn't find this site until after I started trying to "repair" my credit). the CRA (EXP) is the only one that came back as verified.

    Called AFNI 3/10 to dispute and mailed a letter on 3/11 (unfortunately did not send certified.. I didn't know). I submitted a re-investigation 3/30 to EXP with some proof that the debt was not mine. - Acct was put in Investigation status and remains there.

    In addition I called (I know mistake) AFNI and made an oral dispute. I then followed up with a fax on 4/11 using a sample letter I found(below, please opinions on this wantred!!)

    Hello:
    This letter is being sent to you in response to an item your agency has listed on my consumer credit reports. This is not a refusal to pay, but a notice that your claim is disputed. Please note, my first request for validation was made orally on March 10, 2004, with a follow up in writing mailed March 11, 2004. A second request and statement of dispute was placed orally on March 30, 2004.
    Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. Below are a few questions to answer which may help you to resolve these mistakes.
    You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit
    In addition to the questionnaire, please attach copies of:
    · Agreement with your client that grants you the authority to collect on this alleged debt
    · Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor.
    · Complete payment history with you client, including the amount of original debt when assigned to your agency, and outline of any fees/interest your agency has added to this debt and how you arrived at those fees.
    Best regards,

    Debt Validation Form
    Questionnaire to be returned to me for Account XXXXX
    Original Creditor's Name: ____________________________
    Name of Debtor: ______________________________________
    Address of Debtor: ___________________________________
    Balance of Account: __________________________________
    Date you acquired this debt: _________________________
    This Debt was: assigned __________ purchased__________
    Please indicated any credit bureaus to which you have reported negative marks:
    Experian _________ Equifax _________ TransUnion __________

    I have been on vacation and have returned home to a one page note from AFNI dated 4/19

    Has my name and current address on the left, on the right has Creditor Dish Netwrok, Creditor Acct#82XXXXX balance due $112.18 and then it has a spot for Social Sec # but has nothing but XXX XX no numbers or anything. Thier note says:
    "This letter is to confrim the original creditor and balance of your account. Than kyou for your attention in this matter.
    If you have questions, please contact our office toll free at .... during..... For proper credit on your account, please write this number 82XXXX on your payment. This is an attemp to ccollect a debt. Any info... SIncerely, Afni, Ic."

    HELP... where do I go from here, I thought I properly asked for VALIDATION not some weak a$$ letter with no real connection to me. PLEASE HELPPPPPPP!!!
     
  2. cnoob

    cnoob Well-Known Member

    Re: Please I need some response on

    Hi Robyn,

    It's unfortunate that you didn't start with a CMRRR letter. I think the best thing to do here is to start over from square one. I believe they are screwing with you because they know you didn't CMRRR the letter.

    Here's what I would do and have done at least 20 times with great results:

    1. Send them a debt validation letter via CMRRR (Certified Mail, Return Receipt Requested). Write the certified mail piece number on the letter itself. Don't bother with the questionnaire. Debt collectors laugh at that stuff. The letter asking for validation as per the FDCPA is enough. My letters are worded largely as follows:

    2. Once you get confirmation that your item has been delivered (you can get confirmation using the certified mail piece number in the Track/Confirm feature on www.usps.com) and/or the green card comes back to you (caution: sometimes these cards don't come back, but your certified mail piece number and confirmation will cover you) send a WRITTEN dispute of the account to the credit bureau by CMRRR.

    3. Wait for the dispute results. If the collection agency re-verifies the account prior to providing validation, then you may have them on something.

    4. Go over the CA's entry on your report with a fine-toothed comb. Look for re-aging, inaccurate information, missing notices of dispute. Whatever you can find, put it together in what I call a "Come to Jesus Letter". CJL letter basically says, "You're doing something wrong. You know it, I know it and Jesus knows it. What would Jesus do?" Here's an example:

    I like using the CTJ letter because it shows them that you are on to them, but you are willing to let it go if they just stand up and fly straight. Most people with sense appreciate that and act. The problem is, a great many CA employees hate their jobs and are master practitioners of schadenfreude (glee in the misfortune of others) which they also direct at their employers. Simply put, they like it when their employers get sued.

    If the CTJ letter doesn't work, put together an INTENT TO FILE SUIT sort of letter. Plenty of example letters are available everywhere. Some people will disagree with my strategy and say go for the money. I guess my strategy works best for those who mainly want a rectified report and who have not been so deeply harmed that a monetary settlement is absolutely necessary.

    Good Luck.
     
  3. fun4u2

    fun4u2 Well-Known Member

    Re: Please I need some response on

    i have another view for this senerio.

    since the Ca already sent you a partial validation that proves they responded to your request for validation but failed to fully validate the acct or prove that they had the legal authority to collect the acct.

    I would send them a letter as stated above CMRRR
    certified mail return reciept requested and put that same tracking # on your actual letter and state the following.

    date
    tracking #
    Agency name
    address
    etc
    re: acct #

    Dear blah blah blah.


    on ____date I sent FBNI a written request to validate
    the above listed acct. on _____date I was sent only this balh blah information.

    Please be advised that the information you sent does not properly prove this debt is valid , nor does it prove that fbni has the authority to collect this debt.

    I have disputed this acct with the experian on ----- date and fbni has verified this acct to be accurate.

    pusuant to the FCRA specifically 1681 a furnisher can not supply inaccurate unverifable information
    to any CRA.

    fbni had full knowledge that this acct was under dispute and failed to provide the proper validation, furthermore, FBNI continued collection activity by affirming this acct with Experian.

    due to the willfull misconduct of fbni, my rights asa consumer have been violated,

    therefore, unless this inaccurate unverifiable errenoeous information is immediately removed from my credit report, I shall have a just cause to bring civil action against you for damages.

    please send me written correspondance as to your intention to comply with this request by _-------- date ( give 15 days)

    If fbni fails to comply with this written request by this date, I shall enforce all legal remendies available to me under the law for damages, and will notify the BBB of your fbni unfair, illegal buisness practices.

    I would appreciate your time and assistance to resolve this matter

    sincerely
    your worst nitemare lol :)

    good luck let me know what happens..
     
  4. fun4u2

    fun4u2 Well-Known Member

    Re: Please I need some response on

    one more thing pull the BBB reliabilty report for this company in the city where they are located .

    address your letter to the person that is listed as the president or CEo contact , I would call prior to make sure that person is still employed as some info may be innacurate.

    going straight to the top usually produces better results.
     
  5. Butch

    Butch Well-Known Member

    Re: Please I need some response on

    Hi Gang,

    When we forget to begin with CRRR, the knee jerk reaction is to "start over".

    Here's what I would do.


    Make your second letter in the series. In that letter refer to the "first letter I sent you on xx/xx/xxxx", COPY ENCLOSED.

    Be sure to copy it and include it. Put "copy enclosed" in your second letter.


    Basically just proceeding along just as tho they received your first letter and won't argue about it.

    They may write back and say we didn't get the first one. But I doubt it.

    :)

    .
     
  6. Butch

    Butch Well-Known Member

    Re: Please I need some response on

    Don't yall see them do this all the time?

    In the first letter you get it says "you have ignored us"?

    They do that for a reason.

    :)

    .
     
  7. JDP Pro Se

    JDP Pro Se Banned

    "Has my name and current address on the left, on the right has Creditor Dish Netwrok, Creditor Acct#82XXXXX balance due $112.18 and then it has a spot for Social Sec # but has nothing but XXX XX no numbers or anything. Thier note says:
    "This letter is to confrim the original creditor and balance of your account. Than kyou for your attention in this matter.
    If you have questions, please contact our office toll free at .... during..... For proper credit on your account, please write this number 82XXXX on your payment. This is an attemp to ccollect a debt. Any info... SIncerely, Afni, Ic."


    I assume AFNI is a collection agency. If their "mini miranda" warning merely states: "This is an attempt to collect a debt and any information obtained will be used for that purpose", and omits ANYWHERE in the letter that they are a "debt collector", I'd immediately file suit in federal court for violation of 15 USC 1692e(11).
     
  8. RobynRocks

    RobynRocks Member

    Thank you thank you thank you all. I will send another letter CMRRR and put a copy of the original, as well as there's.

    Umm by the way their final 4 sentences are:

    "This is an attempt to collect a debt. ANy infomration obtained will be used for that purpose. You have the right to inspect your credit. This letter is from a bedt collector."

    So I suppose they have given me the mini-m.. right?

    Oh I also noticed that the "return this portion" requests that I make a check payable to Dish Network and send to Dish Netwrok Dept 0063 Palantine, IL 60055-0063...

    Should I be dealing with Dish simultaneously???
    -Robyn
     
  9. RobynRocks

    RobynRocks Member

    AMENDED.. I LAST THING

    HOLY COW... I just noticed that the account # listed on my credit reports is TOTALLY different from the account number listed on the piece o crap letter I received from AFNI AND they just validated with Experian as correct (!!!!!!!!!) I don't see any notation of consumer dispute...

    Now what should I do??? I am so confused.. oh the web is getting stickier by the minute... Thanks in advance for all of your support & answers!
    -Robyn
     
  10. RobynRocks

    RobynRocks Member

    AMENDED.. I LAST THING

    **bump** (sorry for being pushy... I would just love to have a solid plan ready for tomorrow)
     

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