AFNI, Is this enough for a lawsuit?

mtnair · 12-26-2006, 10:20 PM

Sorry so long.

Sent SOL DV to AFNI in 12/05.

Sent dispute to CRA. Jan 06.

They sent letter asking for specific info mtnair disputes, basis for dispute, supporting doc., valid contact number in Jan 06.

The next day they sent that they verified info. with Sprint, and that the letter serves as verification. Jan 06

Sent second dispute to AFNI in Feb 06, reminding them they are trying to collect on an account that is SOL. (I live in Calif.)

Sent complaint to IL Attorney General, regarding their (AFNI/SPRINT) attempt to collect on debt past SOL. Feb 06

Letter sent from AFNI, again asking for specific info mtnair disputes, etc. Mar. 06

Recevied response from IL Attorney General, they forwarded complaint to both businesses. Mar. 06

Get doc from AFNI, April 06, copies of phone bills from 9/01 to 11/01.

Another Letter from IL Attorney General, which includes copy of letter from Sprint--Sprint adjusted account to reflect zero balance. And asked AFNI to remove any negative reporting. April 06.

Sent letter to IL Attorney General, AFNI still reporting negative info. Apr 06

Letter from Attorney General, letter from AFNI instructing CRA to delete. Jun 06.

Letter from Attorney General, letter from Sprint saying can take up to 120 days to delete. Jun 06

As of 13 Dec 06, CR from EQ, AFNI reports under other (not collection) as:

Account type open, Factoring Company, Paid Collection.

mtnair · 12-26-2006, 10:32 PM

Today, I got an email from Jennifer at FICO stating that collections are considered negative weither paid or unpaid.

neil5623 · 12-26-2006, 11:02 PM

Kinda new to this, but I know that a CA is not a Factoring Company, and the CRAs don't know any different or don't care. That in itself MAY be enough to get 'em. Leave that open to comments from others. I am about to find out first hand. But get multiple confirmations.

mtnair · 12-26-2006, 11:11 PM

I don't know how they can claim it is a paid Collection. I didn't pay anything.

roybean · 12-26-2006, 11:37 PM

A collection account can report on your report for 7 yrs. (someone correct me if I am wrong), but the CA cannot legally continue to try to collect. Yes, IMHO you have enough to send them an ITS.

When you have disputed with the CRA and they are not responding, you must use the language of the FCRA....

I am requesting that you please provide me with a description of the procedure used to determine the accuracy and completeness of the information regarding the so and so account on such and such line of my credit report #XXXXXX including the business name and address or any furnisher of information contacted in connection with such information and the telephone number of such furnisher.

If you plan to go after them you want to make sure that you have them dead to right!!!

Try one more time using the proper language and go from there.

mtnair · 12-27-2006, 01:48 AM

What really annoys me, is the fact that twice Sprint wrote that all negatve info. was going to be removed, and they informed AFIN. AFIN wrote (6 mo. ago) that this was to be deleted, still there as of 5 min. ago.

Dallas Student · 12-27-2006, 05:43 AM

My sister is about at the point of getting ready to sue them as well.

They sent her copies of bills via Cingular, but they didn't do it within the 30 days as required by Texas Finance Code, so she just sent a final DV again, and the next thing will be the ITS and complaint.

Good luck on this one.

roybean · 12-27-2006, 11:03 AM

Let's get this straight once and for all- YOU DO NOT HAVE TO SEND A 2ND DV!!!
You ask once nicely and if FMs don't understand, well then you have a way to make them see reason.

jlynn · 12-27-2006, 11:19 AM

Have you sent the letter from AFNI instructing to delete to the CRA's for one final dispute?

mtnair · 12-27-2006, 12:14 PM

Quote:

Originally Posted by jlynn

Have you sent the letter from AFNI instructing to delete to the CRA's for one final dispute?

No.

Was waiting like the last letter of Sprint said, would take up to 120 days.

hannah · 12-27-2006, 01:16 PM

Does AFNI purport to own the alleged debt? If so, Sprint cannot make them delete. Sprint can only delete their own tradeline.

centex · 12-27-2006, 03:21 PM

Quote:

Originally Posted by hannah

Does AFNI purport to own the alleged debt? If so, Sprint cannot make them delete. Sprint can only delete their own tradeline.

Sprint's executive office played go-between with a client I worked with on getting a matter removed. The account had moved to AFNI, and after a few minutes on the phone with Sprint and a few minutes with AFNI's counsel, there was a copy of the fax deleting the account.

hannah · 12-27-2006, 03:56 PM

Quote:

Originally Posted by centex

Sprint's executive office played go-between with a client I worked with on getting a matter removed. The account had moved to AFNI, and after a few minutes on the phone with Sprint and a few minutes with AFNI's counsel, there was a copy of the fax deleting the account.

This may be a great way to get the account deleted but OP may not have the same resources you do to get this done. (Perhaps you can make a phone call for him?) It is still a question that needs to be answered so as to get the tradeline deleted. If AFNI purports to own the alleged debt, then they are relying on the word (and affidavit?) of Sprint. I would opine that since Sprint has adjusted the account to reflect zero balance and OP has proof of such that a strongly worded ITS to AFNI may be the way to go. Sprint can dictate to AFNI if AFNI was only collecting on the account as a 3rd party CA and not as the "owner" of the debt. If AFNI is a 3rd party CA collecting for Sprint and Sprint has agreed to get AFNI to delete, then Sprint is still the responsible party for upholding their end of the bargain and the OP will need to see it through with Sprint.

mtnair · 12-27-2006, 07:33 PM

Quote:

Originally Posted by mtnair

AFIN wrote (6 mo. ago) that this was to be deleted, still there as of 5 min. ago.

I also have this letter from AFIN saying "Afni has sent notification to the credit reporting agencies instructing them to delete this account." This letter is dated May 18th.

hannah · 12-27-2006, 08:30 PM

Quote:

Originally Posted by mtnair

I also have this letter from AFIN saying "Afni has sent notification to the credit reporting agencies instructing them to delete this account." This letter is dated May 18th.

Then I believe a letter to all is in order. Write to Sprint and AFNI referencing those letters. Then write to all the CRA's and attach copies of those letters and dispute the tradelines yet again to the CRA's. Send all CMRRR and keep copies so that if you do have to sue you have a papertrail. If the tradelines aren't deleted in this go, sue them all.

mtnair · 01-02-2007, 10:37 PM

Today, EQ received my dispute letter with copy of letter from Afni, saying to delete. We'll see what happens.

mtnair · 01-16-2007, 04:41 PM

Well, received reply from EQ. It says "Adverse accounts that have been paid in full will automatically be deleted seven years from the date of last activity. If you have additional questions about this please contact Afni.

mtnair · 01-16-2007, 05:47 PM

So ITS letter to Afni?

mtnair · 01-23-2007, 03:22 PM

Any comments?