Got a collection but agency will not work with me.
Date: Wed, 01/30/2008 - 16:58
I have a collection with afni INC. and they will not accept my payment in exchange with removal from my credit report. My score is at at 665 and i need this
removed to get my score in the 680 range to buy my house. Any suggestions?
Have you sent a debt validation request? You can agressively pu
Have you sent a debt validation request? You can agressively pursue them for reporting an unvalidated debt and make them remove it. Unfortunately, they do not have to accept it, but I don't know why they wouldn't..what did they say?
i owe them 885$ from an old nextel account. I tried to ask the
i owe them 885$ from an old nextel account.
I tried to ask them if i paid the balance would they pull it off my credit report. The said no that it was unethical.
How old? Could it be outside SOL? What state are you in? Unet
How old? Could it be outside SOL? What state are you in? Unethical..ha...from a CA no less now that is just priceless. Send them a debt validation request, you want to be sure you are paying the right people anyhow and that they didn't jack up the price. Plus check with your state to see if CAs are required to hold a license or a bond to collect.
If the debt is out of SOL you have some ammo against them because the only way they will get paid is if you decide to pay them.
it is from 2004. I live in Texas. So i should send a valitdati
it is from 2004. I live in Texas.
So i should send a valitdation letter? I will search the forum for one.
They are reporting on my credit report that it is from 11/2007. If i could get it back to the orignal date i am sure it would help.
Ohhh Texas! You have some definite teeth???????big teet
Ohhh Texas! You have some definite teeth???????big teeth???????to fight this! SOL for Texas is 4 years, so depending on the exact date of your last payment, they only have until that date this year to take you to court. If you send them a DV now, by law they HAVE to respond to your validation letter AND must stop all collection attempts (this includes lawsuits) this is state law. You also provide them with a written notice, so that if they do nothing in the 30 days, in 60 you can take them to court. Not responding is $500, not removing it from your report is $500. With deceptive trade practice this can be trebled???????so even if they just don????????t respond and don????????t remove, you have them for $3000! If they continue to collect, if they update your report, if they verify your report, that is another $500 each time they do it, which can also be tripled. You need to read up on Texas Finance Code, Title 5, it has all about it. Also Texas Business and Commerce code, chapter 17, this is where the notice and trebling comes in.
Basically you do this:
1. Make copies of your current credit reports, the specific listing.
2. Send DV CMRR.
3. After they get it, dispute with the CRAs.
4. When they get verified at the CRAs, make copies of this verification.
5. When they don????????t validate after the 30 days, send them another letter, this one reminds them that since they have not validated, they must remove the listing from all the CRAS, that they have another 30 days to do this before you will file suit.
6. When the 60 days is up, make a new copy of your credit reports, if they are still on, take them to court.
Personally, just to make it look like you are trying hard, send them an intent to sue letter just after the 60 days, explain that you are doing everything you can to handle this situation but that they are giving you no choice. Give them an extra 10 days to remove the account.
Even if they do take you to court, you are very well protected. For one, wage garnishment is not allowed. Plus there is a whole huge list of protections???????.they will find it almost impossible to get anything from you that way.
7 years is for the credit reports. to be sued is 4.
7 years is for the credit reports. to be sued is 4.
ok, Now can i dipute the last date? It is from 2/2004 and they
ok, Now can i dipute the last date?
It is from 2/2004 and they reported 11/2007
Its not so much of a 'dispute' as it is a demand for validation.
Its not so much of a 'dispute' as it is a demand for validation. You want them to prove that the date of last activity was 11/2007. You want them to prove the amount is true. You want them to prove you have the legal obligation to pay them. You want them to prove they have the legal right to collect from you.
Should i call to get the address to mail a letter or do this ove
Should i call to get the address to mail a letter or do this over the phone?
Hi Vince-- you should always--ALWAYS--communicate with a CA t
Hi Vince--
you should always--ALWAYS--communicate with a CA through the mail, not on the phone. I would send them a letter by certified mail, return receipt. Dont send it by regular mail, as certified mail provides you with proof that they received it. That's what you are after. If you set it up on the phone they can simply turn around later and deny the whole thing. It would be your word against theirs.
My best advice at this stage is to be as polite as possible while asserting your rights as hard as you have to. Sooner or later the politeness you show might actually get you what you want. To be honest, I cannot understand why they turned your offer down. A CA in their position knows that it is not very likely that they will collect the full amount in this short a time. I dont know who you spoke with, but I would also consider, if they call again, asking to speak with a supervisor. It is acceptable to negotiate on the phone, but before you send them a penny make sure that whatever deal you worked out, you ask them to put it in writing on a company letterhead! Make sure that you have a letter from them that states the full agreement you made before you send them one cent. Otherwise, you could open the door to an old trick--they could then try to claim that you owe more money and the payment you made will have restarted the SOL clock.
The validation demand and the written notice must be done in wri
The validation demand and the written notice must be done in writing. :) The law states that as well.
They are not required to remove an item off of your credit repor
They are not required to remove an item off of your credit report. You could try sending them a letter stating that upon cashing your payment that they are agreeing to remove the item from your credit report. Be prepared for them to mail it back to you as well if they reject the offer.
I paid something off w/AFNI and a few months later I disputed the item and it was removed from my credit report. They don't really bother to take the time out to reverify paid debts but there is the chance that they could.