Dispute Process?
Complaint
William Murphy
Country: United States
They got us too, it seems. Situation: Recieved mail from Afni that my wife owed over $300 for account that was opened 12/2003 and closed 3/2004. She's called Cingular who verified that there was an account in her name (and SSN) including our home address. In addition, there was another address of her grandmother in another state.
There is a possibilty that this debt is legitimate, but certainly not ours. When my wife called Cingular, they said they couldn't talk to her about the account because it had been turned over to collections. So my first question is whether we should be allowed any access to the Cingular info. Seems like it will be difficult to proove we DON'T owe without it...
Next, and granted this came from the person at Afni my wife spoke to, if we dispute, we'll need to show how this couldn't have been us. Proving a negative is always hard. I'd like to make them proove that it WAS us.
I'm asking for quidance regarding next steps. My wife is going to call her grandmother to try and get more info. In the meantime I want to get this off my wife's credit report, and resolve this issue.
Any help will be greatly appreciated.
There is a possibilty that this debt is legitimate, but certainly not ours. When my wife called Cingular, they said they couldn't talk to her about the account because it had been turned over to collections. So my first question is whether we should be allowed any access to the Cingular info. Seems like it will be difficult to proove we DON'T owe without it...
Next, and granted this came from the person at Afni my wife spoke to, if we dispute, we'll need to show how this couldn't have been us. Proving a negative is always hard. I'd like to make them proove that it WAS us.
I'm asking for quidance regarding next steps. My wife is going to call her grandmother to try and get more info. In the meantime I want to get this off my wife's credit report, and resolve this issue.
Any help will be greatly appreciated.
Comments
Their training and employee incentives are directed toward getting your money, not toward resolving any errors, misunderstandings, or even dealing with an actual fraudulent account, and there are many consumer reports indicating that they channel consumers in the directions most likely to obtain their money in all of these cases, even when consumers have confirmed with original creditors that there is no valid amount due, or where consumers have determined they are not even the party on the account, never lived at the alleged address, and never had the alleged phone number.
If Cingular shows an account under her name, SSN, and your current address, they why was no statement sent by Cingular to that address? AFNI or Cingular may be implying that her grandmother opened this account using your wife's information, but without obtaining the information used to open the account directly from Cingular you may never know with certainty whether you are dealing with mistaken identification, or id theft by her grandmother, or whether her grandmother just gave your wife as a "reference", and Cingular or AFNI opened the account with her "guaranteeing" or "co-signing" for it.
Even the presence of your wife's SSN on this alleged account means nothing, as both Cingular and AFNI have access to that simply by pulling your wife's credit report, and in fact in dealing with Cingular it is possible that you are really dealing with AFNI, if AFNI is handling Cingular's "customer service" like they handle Verizon's. Be aware that AFNI has been reported to have obtained SSNs and other consumer information and attached them to alleged accounts even in cases where consumers have determined there is no likely connection between an alleged debt and the consumer.
The information you would actually want to get to the root of this is a copy of any original application, the phone number of the account, the customer billing address from when the account was opened, and copies of any statements. Since this is a cell phone account not a land line, it might have been opened by ANYONE, and since it was only opened for 3 months, with only $300 due, there may not even have been any payments made. You may be looking at an id theft against your wife, and her grandmother's address may be a total red herring, possibly from skip tracing, tacked onto the account.
Based on other consumer reports, AFNI will try to force you to pay even a fraudulent account by attempting to deny you access to any information that you might use to prove it is fraudulent. This may be fraudulent, or it may be an account whose data is corrupted, possibly thru AFNI's own actions. You want to put the burden of proof back on them, where it belongs.
Your first action, in all cases, is to dispute the alleged debt with AFNI, and request that they send written validation obtained from the original creditor that you owe this debt. If your wife never opened this Cingular account, say so, in writing. Send your letter Certified Return Receipt Requested, promptly within 30 days of receiving their first collection letter, so you have proof of when you sent it, when they got it, and so that you preserve your rights under FDCPA. If they receive your timely dispute, they are prohibited from further collection activity until they send validation, and they must mark any negative information on her credit reports as "disputed". If they fail to comply with either legal requirement, you can sue them.
Based on Cingular and AFNI's claim that there is an account under your wife's name and SSN when you know she never opened such an account, you may file an id theft complaint with your local police. Get a copy of that police report. Send a dispute of the fraudulent account to the credit reporting agencies showing it on her credit reports, along with a copy of the police report, and a copy of a filled out fraud affidavit from the FTC site, and the credit reporting agencies should remove it.
Do the same to Cingular, and request copies of all business records related to this fraudulent account, including copies of original account applications, statements, etc. Under FACTA, they are required to provide this to you. If you have any problems getting information from Cingular, contact your state AG for assistance.
You also dispute and request validation from AFNI, but don't count on what they provide, since they may attempt to deny you access to any information that may prove fraud. That is why you should also dispute and request business records under FACTA using your fraud complaint. In a normal collection account dispute, Cingular will attempt to direct you back to AFNI and AFNI knows this, but in an id theft complaint, as the original creditor Cingular has a separate legal obligation to respond to your request directly, and referring you to AFNI will not meet their lecal obligation.
http://www.nydailynews.com/money/2007/09/03/2 ... ts.html?ref=rss
"...
Andrew Horn received two letters stating he owes more than $26,000 for two unknown Verizon accounts in the 1990s.
"I called Verizon, and after speaking with customer service, the representative assured me my name was not attached to the phone numbers or accounts in question. One account was for Wonder Bread.
"However, when customer service transferred me to the collections/fraud department, I was informed the accounts had been sold to AFNI, so I need to deal directly with the debt collection agency."
..."
I AM CANCELLING MY VERIZON ACCOUNT.. If you also have verizon you might want to think about doing the same. Thanks to verizon now strangers/scammers at afni, inc have our information. If you ask an afni, inc for their last name they'll tell you that they can not give you that information mean while they have our info and ss# thanks to verizon.
Let people know how verizon sold our information to afni,inc. they are scammers afni, inc is now givin my phone number to other telemarketing company/scammer .. I am in the do not call list and I have never received any unwanted calls but now after afni, inc guess what my phone doesn’t stop ringing by scammer… I have googled the numbers that are calling me and they are scams….
Verizon should also get sued for selling our info to a company that’s into scam afni, inc has a bad name. They have the worst collection dept, rude unprofessional workers that are trying to make money off of people that don’t even owe money for unpaid bills way past the SOL….
DO NOT PAY THEM A PENNY......
Here are some po box address that they have......
Afni, Inc PO BOX 3427 BLOOMINGTON, IL 61702-3427
Afni, Inc 404 BROCK DRIVE BLOOMINGTON, IL 61702-3427
Afni, Inc po box 20939 ferndale, mi 48220
Departmen 555 PO BOX 4115 CONCORD, CA 94524
to file a complaint with the BBB in IL here is the zip code 61602
I have file complaints with everyone and their mother, ftc, ag in my state, ag IL, bbb IL, the list goes on... I'm in process of making a police report..... I'm also going to report them to the local news stations, if I could I will call a few states and report them there too.... EVERYONE HERE DO WHATEVER IT TAKES TO STOP THIS AFNI, INC BS...
and as per the FDCPA I'm going to do what it takes to sue them because I sent Afni,inc a cert dispute letter and it was signed by one of Afni's agents and they have not replied back via mail and they keep calling my house...... everytime AFNI, INC contacts you after you have already sent them a dispute letter you might be able to sue them $1000 for evertime day contact you, and if I could sue verizon for selling my information to these scammers I am going to... so keep calling me AFNI, INC $I want $1000 for each call you make to my house......
VERIZON SCKS TOO.... VERIZON IS A MOLE!!!!!
Here's the letter:
To Afni, Inc.:
This letter is being sent to you in response to a letter I received from your company on January 30, 2008.
Be advised, this is a notice that your claim is disputed.
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. Please be advised that validation is not a request for verification or proof of my mailing address but proper, complete and competent evidence that I have any legal obligation to pay you.
Your legal staff will agree that compliance with this request is required under the laws of New York State and Federal Statutes.
In addition, please attach copies of:
*Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment.
*Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
*Proof that the Statute of Limitations has not expired on the alleged account
Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities. This consists of the listing or furnishing of any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof it is.
I require compliance with the terms and conditions of this letter within 30 days from the date you receive it, or a complete withdrawal, in writing, of any claim.
Also, use this correspondence as a request that no telephone contact be made to me by your offices to my home. If your office(s) attempt telephone communication with me, including but not limited to computer generated calls, calls or written correspondence sent to any third part, it will be considered harassment. Any and all future communication with me must be done in writing and sent via the United States Postal Service to the address listed in the header of this note.
In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities, the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion.
I also hereby reserve my right to take private civil action against you to recover damages.
I hope this will work for you as it did for me...
DIspute letter below...
Afni, Inc month/date/year
404 Brock Drive
Bloomington, IL 61701
PO Box 3427
Bloomington, IL 61702-3427
1 888 257 1585
Fax 309 820 2614
www.afnicollections.com
My name is _____________ and I dispute the validity of the debt on the Afni, Inc Account # 0000000. I received a collection notice on 00/00/0000 which states that I owe AT&T $00.00 for an unpaid bill, and I believe that I do not owe this dept.
This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association.
You are also notified that should any adverse information be placed against my/our credit reports as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves.
Sincerely,
Type name here
Certified Mail # ________________________________________________________
Date 00/00/0000
Notice: This is an attempt to make a debt collector obey the law. Any information obtained will be used for that purpose.
Cc: Federal Trade Commission
Cc: Texas Attorney General
What BS
Ron Quest,
Gloucester, VA
They have been reported to send bills to people with only similar names living at other addresses, even other states, to other people who once lived at some account address but whose name was not on their account, and to people who already paid accounts in full, particularly in cases where original bills were disputed and corrected.
Whether you actually owed anything would have to be determined by requesting and obtaining validation from the original creditor through AFNI, as allowed for by FDCPA, so that you could verify whether their claim matches your information. You might have found that the account dates don't even match when you were at that address, or that the name or address don't match and this wasn't even your account.
In fact, why don't you call T-Mobile, and ask them if they show any amounts due under your name and SSN?
AFNI can't legally report 8 year old debts on your credit reports anyway. FCRA prohibits it. If they threatened or implied that they would, then they used deception to collect a debt, and threatened to take an action they could not legally take, both of which are violations of FDCPA.
If they engaged in any of the above illegal actions, file a complaint with FTC and the Illinois Attorney General, detailing their illegal actions as the reason you paid a suspicious claim and requesting help in obtaining a refund.
You can find their address at www.bbb.org
They appear to respond promptly to complaints sent to the Illinois Attorney General.
The Minnesota Attorney General has sued them.
Complaints to FTC are mostly "id theft" complaints, since AFNI tells consumers calling about accounts they don't recognize that "it must be id theft".
BBB helps them look good by handling consumer complaints before they get sent to FTC or state Attorneys General.