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

[Kimberlilly]

I recently received a letter from Afni, Inc. regarding an unpaid Verizon debt of $132.82. The notice was sent to my current work address with my maiden name, which I have not used for well over 10 years. In addition, I have never been a customer of Verizon. Upon receipt of this notice, I ran an internet search on Afni, Inc. Thousands of complaints have been made about this company that are very similar to my own. Many people received letters to pay outstanding debts. It seems that many major utility and communications companies sell outstanding debts to Afni, Inc. In my research, I came across your site and noticed someone's attempt to send mass complaint letters to Afni, Inc., as well as other fraudulent companies, that seem to just skim under the FTC's radar. The reason I am posting is not only to get the best advice as to what steps I should take from here and the best way to either fight any negative credit issues caused by this or the best way to avoid any. I am adamant about getting attention to the right people who have the power to STOP, these predator debt collectors and their barely legal tactics. This is obviously a mass mailing to all people connected to possibly an address, which means that this company has come up with names from census databases then somehow ran those names through credit bureaus for current mailing address or other pertinent info. This must be a violation of some sort. Afni seems to be very good about just keeping themselves below the radar, and I want to do my part to bring this scum to the surface. I can get this to the right people at the FTC, without getting a form response. Details can be given to admin in private viewing. In addition to the FTC, I have many media contacts in the So Cal area as well. Is there anyone who can help with my situation and who is willing to help in getting the right people involved in stopping these crooks? Election time is always the best time to draw attention to the plight of the consumer...

[joseph sugarman]

Within 30 days of receiving such a notice do the following. Send them a repudiation of debt letter with a demand for verification. You repudiate the debt by saying you are not the person who had such a debt, you never had an account with whoever the original creditor was, you do not now or have ever owed the amount in question.

You demand this operation verify the account and the amount, which requires them to go back to the original creditor (if any) and get the you as the person, the account and the amount verified by an authorized, executive officer of that original company. This will never happen.

In closing you demand of this operation to never contact you again in any way unless it can verify the debt account. You notify them if they do; "you will seek every criminal and civil remedy available to you". Put it exactly that way. Do not threaten "to sue them " in any words. Using the written threat of a suit can cause you civil problems if you do not follow through with the lawsuit. The phrase I have recommeded does not threaten lawsuit.

You also notify them if any negative report on this is made to any credit reporting agency; "you will seek every criminal and civil remedy available to you".

I hope this if helpful.

[Mark]

Welcome to the SuiJuris forum Kimberlilly

Conditional acceptance, on the condition that they produce the original contract with your sig. And I also suggest, that you send everything by registered mail; return receipt requested when sending any correspondence to them, because they can, and will, ignore all other forms of communication from you.

There are others on this forum, that are more knowledgeable about this than I. Maybe they can, and will, answer any questions you may have about this process.



Peace

[Kimberlilly]

Joseph and Mark...thank you so much for the information and helpful tips. I will send the letter certified receipt requested today. I have my Experian report and nothing from Afni shows. I will be checking Trans Union and Equifax later this afternoon.
I will keep you all posted. Again, thank you very much!

[joseph sugarman]

With all due respect to any experience Mark has had with any of these bogus collections businesses; I have never sent any of them mail other the first class. They contacted you by first class mail, and you are secure doing the same. I would not waste the money for certified, return receipt mail. As for ignoring you; that is exactly what you want them to do. Any proof you may need in the future is their mail to you and yours to them.

Important. Always keep the envelopes they use to mail to you, attached to the letters. Make xerox copies of the envelopes with the first class postage on it as proof you mailed to them. The cost is $.10 compard to several dollars for certified, return receipt mail. A court will accept this as proof of mailing. But none of this will ever get to court on their initiative.

However, having said the above; you can expect in two years or so to get another one of these business miscreants to contact you about the same issue. You will handle them the same way.

Make a report to the supposed, original creditor that you have been mis-identified as a debtor to them. This you might want to do with certified, return receipt mail. You demand they contact these companies and correct their combined mistakes in this matter. Be sure to send them copies of everything being sent to you.

More later as you need it.

[quasimodo]

I smell fraud;
1st: You are no longer the 'person'(sic) represented by your maiden name.
2nd: When a collection agency takes over a 'debt'(sic) it is a fact that the original 'creditor' has discharged the supposed debt and sold it to an "other company". You have no contract with this "other company". THE DEBT HAS BEEN DISCHARGED!
3rd. Ask this "other company if they can provide a "debt note". Not the contract that created the debt note (edit), but the debt note itself. If they cannot then you owe no one any 'debt'(sic).
See: fair debt collection practices act.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
Q

[quasimodo]

Never mind. pressed the wrong button.
My bad

[Mark]

Originally Posted by joseph sugarman

Make xerox copies of the envelopes with the first class postage on it as proof you mailed to them. The cost is $.10 .... A court will accept this as proof of mailing. But none of this will ever get to court on their initiative.

With all due respect; maybe proof of mailing, but it proves nothing about them receiving it. Registered may cost more, but it's iron clad proof that they did receive it. It doesn't take a rocket scientist to figure that out.



Peace

[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

[Mark]

For those interested,
here is a sample Cease & Desist Letter for third-party debt collectors: Link

Another letter for old resurfacing debts that are older than 7 yrs: Link
by same website

Remember: registered mail; return receipt requested.


P.S The above is from a attorney, so please, take with a grain (or two) of salt. ;)

Note: Demanding they produce the original note, through conditional acceptance, is a much better option.


Peace