Afni, Inc. must be stopped...help please

[Mark]

--Post deleted--

P.S. See previous post; consolidated, updated

Peace

[Mark]

Another seemingly good option for dealing w/ creditors could be the Fair Debt Collections Practices Act:

Originally Posted by shibumi2 @ http://www.godlikeproductions.com/fo...sage264096/pg9 ; about half way down thread:

Hey--

First, reread this thread...the OP was further along than you are in that he was already summoned to court...so you're ahead of the game.

Second, Google the Fair Debt Collection Practices Act and READ IT. It s pretty simple and straightforward. If you don't understand a word...LOOK IT UP. So read it 3 or 4 or 20 times...read it until you understand it...it's going to save you a ton of time and money so get to know it as it is your friend.

Third..you're going to send a letter something like this...

Dewey, Cheatum and Howe PC
PO Box XXX
Lowlife TX 66666-6666

Attn: Unknown—Unsigned Correspondence Received

June X, 2006

VIA: Certified Mail # _________________________

Re: Your account #666

A collection letter was received from your office on May X, 2006.

You are hereby in receipt of notice under the authority of the Fair Debt Collections Practices Act regarding your above referenced file number that part, or all, of the alleged debt is DISPUTED and hereby demand validation and verification, in writing, as follows:

1) A copy of the ORIGINAL signed contract and other supporting do***entation that gave rise to the alleged obligation Dewey, Cheatum and Howe PC is claiming owed.

2) Statement, under penalty of perjury:
a. that your client is the bona fide party in interest of the contract and will produce said ORIGINAL signed contract (#1 above) for my own and a judge’s inspection should there be a trial to contest these matters.
b. the name and address of all persons, corporations, associations, legal firms or any other parties and entities having an interest in the collection or legal proceedings regarding the alleged debt.
c. that as a debt collector you have not purchased evidence of debt and are proceeding with this collection activity solely in the name of the original contracting party.
d. that you know and understand that certain clauses in a contract of adhesion are unenforceable unless the party to whom the contract is extended could have selectively rejected the clause.
e. and provide written verification from the stated creditor that you are authorized to act on their behalf in this debt collection action.
f. That Dewey Cheatum and Howe PC has taken reasonable and prudent diligence to verify that the amount claimed owed is in fact a legitimate debt prior to instigating this action and making said claims, and that all relevant correspondence has been reviewed prior to initiating this claim.

3) Production of the account and general ledger statement showing the full accounting of the alleged obligation you are attempting to collect from me, signed and sworn by the person responsible for maintaining these records and having first hand knowledge as to their accuracy and authenticity, and able to testify under oath to that effect.

Contacting me again after receipt of this notice without providing procedurally proper validation of the alleged debt constitutes a scheme of fraud by advancing a writing that you know or should know is false, with the intention that the courts and/or others rely on the written communication to impair or damage my credit rating, my reputation, my standing in the community as well as intentionally inflicting financial and emotional harm upon me. I take this notice, and my rights, very seriously and expect Dewey Cheatum and Howe to do the same.

Your firm is now the third debt collection firm to contact me in regards to this alleged debt. I have requested the exact same information from each firm and to date have received no response. In the event that this debt is not validated by you as required by the Fair Debt Collections Act, you have a legal responsibility to terminate the claim and correct any negative credit reporting which may have been made in connection with this alleged debt. You may want to obtain a legal opinion on this, but I believe that would constitute a scheme of fraud if this debt were to be resold; assuming that Dewey Cheatum and Howe PC has in fact purchased evidence of debt in this matter.

I also will not respond to any future correspondence which is not signed or does not indicate who at your firm has sent the demand for payment.

I expect timely responses to the above confirmations and that they be made in writing and sent via certified mail to the address listed below. Alternately, a letter from your firm that the matter has been satisfied and that any adverse credit reporting relating to this transaction has been expunged by the three major credit reporting agencies.

Signed

U.R. Fraud

Of course, the name of the firm, your name are going to be substituted as appropriate. When you read the Fair Debt Collections Act you'll get why you're doing this and why what is written is written. If you don't understand the letter, reread it. The letter is from YOU, so make sure it makes sense. If you **** it up, you're still going to win, but the flies will keep after you longer because they're going to think you're stupid. As soon as they figure you aren't stupid, they quit.

I suspect that the debt is for your credit card. On the bike, they'll probably repossess it, or try to...THEN you'll get a similar letter, loaded with fat fees and weird charges. You'll end up handling it the same way, so this is your trial run.

Looks pretty good.



Peace

[Sharing Lights]

re:

2) Statement, under penalty of perjury:
a. that your client is the bona fide party in interest of the contract and will produce said ORIGINAL signed contract (#1 above) for my own and a judge’s inspection should there be a trial to contest these matters.
b. the name and address of all persons, corporations, associations, legal firms or any other parties and entities having an interest in the collection or legal proceedings regarding the alleged debt.
c. that as a debt collector you have not purchased evidence of debt and are proceeding with this collection activity solely in the name of the original contracting party.
d. that you know and understand that certain clauses in a contract of adhesion are unenforceable unless the party to whom the contract is extended could have selectively rejected the clause.
e. and provide written verification from the stated creditor that you are authorized to act on their behalf in this debt collection action.

SL: Careful with the outlined.

Nothing is stationary and many debt collectors bypass
the test for collection for banks.


They are assigned the accounts receivables and purchase them in bulk,
still paying a tiny consideration but extorting non-existent damages. (deception -thus - proceeding in fraud!)

In most cases today, the lines in red become more and more obsolete.

When you Google my name, you would find the Remedy I designed vs. the assignments, based on law,
as I have to maintain certain respect, knowing that "someone" begins deleting posts or yell of paranoid plagiarism, when I give references to the solutions here or outside; therefore, I do not place a direct link here but Post where no hysterical screams are heard and solid research in my style is appreciated!

PS:

is a stupid label - disrespectfully forced on my Avatar even though asked to be removed
and substituted with the modest reality:
"Able to Withstand Pressure and Advance!"


Whoever wants

sexually or not,
does not need my permissions or what appears as taunting:
thus, the label is stupid indeed
and forced in ignorance.


Yes, I do have the ability to speak the Plain Truth,
remaining a True Sovereign!

.............

[Kimberlilly]

Many thanks to all of you!! Your wisdom and helpful tips are greatly appreciated. I will follow up with any response info from AFNI. Just as an FYI to any other AFNI victims...I checked my credit report through the 3 main companies; Equifax, Experian, and Trans Union. It seems that AFNI is listed on my Trans Union report as having had my permission to view credit information back in March 2006. I have never give AFNI consent to view my information. One thing I came across in researching AFNI is that they cohosted a party with TransUnion in Baltimore for a telecommunications industry conference. The Telecommunications Risk Management Association conference Spring of 2005. Afni and TransUnion were the corporate sponsors of The Special Event night, which cost over $10,000.00 per the sponsorship information provided in the TRMA Times Oct 2004 Newsletter.
It seems to me that some back scratching must be going on between the companies. Is this how AFNI gets the go ahead to view credit reports and is listed as having permission? I wonder if perhaps the FTC might find this a little interesting to further some investigating?

[Kimberlilly]

Many thanks to all for your excellent help and advice. I just recieved a letter from Afni,Inc. informing me that they investigated my dispute of the alleged Verizon account. As a result of the so called investigation, they have decided to close their collection account and will take no further collection action. They also were so kind to mention that if I was subject to any credit reporting due to this bogus collection, the credit reporting agencies will be directed to remove the adverse reports. They indicated that in the interim I should use the letter sent as a notice regarding the status of the bogus account. They signed the letter and apologized for any inconvenience that this situation may have caused me and gave me a toll free phone number to call with any questions. Then a sentence directly after the phone number and office hours that says...This letter is from a debt collector. They signed the letter Sincerely, Afni, Inc.

I am happy that the collection is closed, however, I would like to see this company pay for the hassle they are no doubtedly putting people through. They should be stopped and if anything else, pay for all the certified postage that innocent victims are paying just to get them to stop the debt collecting phishing scam they are doing.
Thanks again for all of your help!! The letter was a big help, and it worked!!!

[Mark]

Glad everything worked out for you Kimberlilly.
Yes it is a shame that good people have to put up with unscrupulous s***bags. And as far as doing anything about it? Well, you got me there. After all, deception is legal under international law. And that is about the only law we have governing corporations here in the land of the sheeple--sad but true.

Originally Posted by Kimberlilly

Many thanks to all for your excellent help and advice. I just recieved a letter from Afni,Inc. informing me that they investigated my dispute of the alleged Verizon account. As a result of the so called investigation, they have decided to close their collection account and will take no further collection action. They also were so kind to mention that if I was subject to any credit reporting due to this bogus collection, the credit reporting agencies will be directed to remove the adverse reports. They indicated that in the interim I should use the letter sent as a notice regarding the status of the bogus account. They signed the letter and apologized for any inconvenience that this situation may have caused me and gave me a toll free phone number to call with any questions. Then a sentence directly after the phone number and office hours that says...This letter is from a debt collector. They signed the letter Sincerely, Afni, Inc.

I am happy that the collection is closed, however, I would like to see this company pay for the hassle they are no doubtedly putting people through. They should be stopped and if anything else, pay for all the certified postage that innocent victims are paying just to get them to stop the debt collecting phishing scam they are doing.
Thanks again for all of your help!! The letter was a big help, and it worked!!!

Peace

[Livefire]

Originally Posted by Mark

Besides Iron clad proof that the other party received your notice of conditional acceptance, it essentially opens up a court of record (a superior court). Leaving the other party with only one of two options (ignoring you; NOT ONE OF THEM!): either put-up or SHUT-UP, quite simple really.
Of course, if you want them to ignore you--more unnecessary stress and headaches, as joseph sugarman would suggest, than go for it.

I must add, what I failed to mention originally, is that it is a good idea to make sure the postal clerk round stamps and photocopy's your docs before sending them off. My bad.



Peace

One could also have the docs placed in the envelope in the presence of a notary. They would of course attest to the fact in the jurat, that the originals were placed in the envelope with certified mail# xxxxxxxxxxx and sealed in his/her presence.

I agree with you Mark, the courts get away with techniques that joseph sugarman suggests, but in matters where making the record is vital.....this can bite us in the backside!

[masterduke]

Congratulations Kimberlilly!!!!! Good Job.

[joseph sugarman]

Great job, Kimberlilly.