Complaint Review: AFNI

But I am going to sue them. Why don't you do the same? Seriously, make them pay YOU for violating the law, you can you know, it's not as difficult as it seems.

Dear Rip-Off Report,

I thank you for all the work you have done on my behalf. Unfortunately, I pulled my credit report today and AFNI is still reporting derogatory information to Experian.

At this point I have faxed AFNI a letter from Sprint on three occasions stating that this debt was paid in full. I have followed up with AFNI via phone on these faxes on two of the three occasions and AFNI has not yet received it.

AFNI states that they have verified my debt. However, AFNI has only provided collection letters and a copy of the original bill. The original debt was disputed, and a portion of that invoice was credited by Sprint after this bill was generated in 2002. Once the credit was issued, I then paid the remainder. Hence: Paid In Full (to the original creditor at that.)

Sprint removed the debt from my credit report and issued a letter of Payment In Full. Why won't AFNI?

AFNI has not tried to resolve the issue and they continue to damage my credit with very negative data for a balance that I PAID IN FULL!

AmyAcree PPS of AFNI, in a letter to the BBB stated , the above referenced account was closed as settled in full on June 21, 2006. Information about this account has not been sent to the credit reporting agencies. Not only did they report it, they reported it wrongly! They have also failed to update Experian.

I disputed this in June of this year and AFNI again confirmed it as an open item. They haven't even changed the status to Settled in Full.

Here is a copy of the text taken from the Accounts section on my Experian credit report which I purchased TODAY.

Account Name: AFNI, INC.
Account Number:20XXXXXXXX
Acct Type: Collection Department / Agency / Attorney Acct
Status: Closed
Monthly Payment:
Date Open:12/1/2003
Balance: $166.00
Terms: 1 Month
High Balance:
Limit:
Past Due: $166.00
Payment Status: Seriously past due date / assigned to attorney, collection agency, or credit grantor's internal collection department
Comments: Account in dispute-reported by subscriber

Sooooo... the data on my report states that the account is Seriously past due date / assigned to attorney, collection agency, or credit grantor's internal collection department even though:

1) I provided them with a letter from Sprint stating that the debt was paid in full in 2004
2) They sent me a letter stating that my account is now Settled In Full
3) I have disputed the debt several times

At this point all I ask is that AFNI ceases collections activities, remove any and all derogatory items from my credit report, and issue me a letter stating the balance is paid in full.

Regards,
Morris

How many violations of the FDCPA do we have here? Count them up:

False or misleading representations [15 USC 1692e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this title.

(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.

(13) The false representation or implication that documents are legal process.

(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.

(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.

To my surprise, I arrived home last night and found that AFNI had "settled" my account in full leaving a zero balance.

This is ok...but when I called them they indicated that they will not delete the entry from my credit because I never paid the entire amount. I explained to them AGAIN (for probably the 20th time)that Sprint adjusted the balance per my original contract dispute (Sprint verifies that the adjustement of 166.50 was made on 11/21/02) When I was notified of this, I immediatly paid the remainder.

An adjustment for a billing error does not equal a collections settlement!

t this point, I have filed complaints now with the Attorney Generals Office in AZ, The BBB in Bloomington IL, the Ripoffreport.com and have just recieved the ethics complaint form the ACA where I plan to file a complaint for providing false documentation and pursuing a debt that is known to be false (or should be through reasonable verification attempt.)

My final goal in all this is to get the item deleted and move on with my life. They don't seem to understand, I DISPUTED A BILLING ERROR - THE CREDITOR ADJUSTED PER MY DISPUTE - I PAID THE REMAINDER..BALANCE PAID IN FULL!