AFNI collecting a "T Mobile" debt (yeah right)
Date: Sun, 05/24/2009 - 17:30
1) I let them know via mail certified it was not me.
2) I did received from them a 'T Mobile' invoice for someone who had my same name but from another state.
3) To my surprise they did reported as a Derrogatory account to Transunion with the comment "I've disputed".
After I called them they said I need to send them my social security number, driver license in order to clean my history report, but I do not trust this people AT ALL!
Anyone can share with me what actions do I have to sort out this matter in a clean way.
hiya Victor-- First, do NOT send those people your social sec
hiya Victor--
First, do NOT send those people your social security number or any other personal info at this time. Think about this--they are reporting on YOUR credit report, right? Then wouldnt they already have to know your SSN to do that? They do this garbage a lot nowadays. They dont need your personal info--we live in a land of "innocent until proven guilty", not "we're gonna report whatever we feel like and you need to prove your innocence...."
Second, they sent you a statement, but the address is from another state. Did you ever live there or in that state at all? If not, I would locate proof that you did not live in that state at the time they claim this account was valid, and send them a copy of that information. An old driver's license showing address, old paystubs, lots of things can show what your mailing address was at that time. Just be sure to black out any personal info other than your name and the address shown.
Third, they have listed this debt on your credit report in a manner that shows you have disputed it. This means that they have verified their info to be accurate. That is very important--you should immediately get a copy of that credit report and keep it for your records, if you havent already. Here's the thing--if they cannot verify that it is really your account, they cannot report it as such on your credit report. To do so violates both the Fair Credit Reporting Act and the Fair Debt Collection Practices Act, both federal laws.
Something else--what is the date listed on the T-mobile statement they sent you?
The next thing I would do is to dispute this debt with Trans Union, stating that it is not your debt. They will then notify AFNI and AFNI will have 30 days in which to respond. If they verify it, and I am pretty sure they will, that would once again violate federal law. But also, I would send a certified letter to this debt collector as well, ASAP, and I would tell them something like this:
Quote:
date T-Mobile account # _____ To Whom It May Concern: I have previously contacted you regarding the above-identified account that you have placed on my credit report to inform you that this is not my debt. Since you have not provided proper response to such a dispute in accordance with the Fair Debt Collection Practices Act, I am once again writing to inform you that this debt is disputed. You are currently acting in violation of both the Fair Debt Collection Practices Act and the Fair Credit Reporting Act by continuing to report a disputed and unvalidated account on my Trans Union file. During this time, your company has informed me that I need to provide you with my social security number to clear this matter up. Clearly this is not the case, for two reasons. First, you already have this information since you have illegally placed this on my credit report. Second, once you are notified that the debt is disputed, it is YOUR responsibility to provide proof of the debt. It is not MY responsibility to prove myself innocent. For some reason, you have decided that this is my debt, even though you already have my mailing address and social security number. Sending you that same information again will not resolve this matter, obviously. In accordance with the requirements set forth in the FDCPA and FCRA, you are hereby notified that all debt collection efforts must cease immediately until such time that you provide proper validation of this debt. Those collection efforts include any reporting or verifying entries on my credit reports. Should you refuse to abide by these federal laws, I will have no choice but to file suit against you for these continued violations. You have informed me that this debt originated in a state I have never resided in, so this will be your last opportunity to correct your records before I will be forced to take legal action. I advise you to give this matter the proper attention it deserves. If this is not resolved within 30 days from the date of this letter, I will take all necessary further action to ptotect my rights under federal law. It would be a shame for your company to incur the costs of FDCPA and FCRA penalties, plus legal fees and court costs, all because of a mixup on the part of your skip-tracers. |
I agree with calling Transunion and disputing it. Explain that
I agree with calling Transunion and disputing it. Explain that the names are the same but be prepared for the fact that someone may have stolen your identity and they may in fact have your SSN that opened the account. I recently got a call from CapOne wanting to know about the 4k I charged online through Radio Shack. I explained that it could not have been me since I was playing golf in the Midwest and not sitting at a computer in Pennsylvania when I was supposedly making the purchase. Because I did not call CapOne to allow them to clear it, they did not allow the charge to go through and they closed the account. But I still do not know how someone got my information from a card that never leaves my person and I rarely use (and never use over the Internet).
It happens more than you would think and if they sent the IDL to you and you did not respond within 30 days requesting validation, as long as the account stays with the same CA, they do not, I repeat, do not have to send you validation after that 30 day period, no matter how often you ask. Some places will because it makes good sense in front of the judge to show that they worked with you, but most places get so much stuff they are not going to mess with it unless they have to.
I would also call T-Mobile to see if they can give you some information about the account. And don't take the, 'We can't share that information with you - customer privacy,' line, either; if it's your account (and they think it is) you are the customer they need to be sharing it with.