J
Lakewood,#2Consumer Suggestion
Wed, February 14, 2007
This may post twice. How can a collection agency, return a debt back to the original creditor, if it was sold. they can't. Once a creditor sells a debt or charges it off there out of the picture, expect for the statute of limitation or named as a co-def or co-plaintiff. The only debt that can be returned to the original creditor, is a debt that was assigned and the collection agency is collecting on behalf of the creditor. Just about every JDB, claim at first, there collecting the debt for the creditor, until pressed on the issue. Section 807 of the act contains general prohibition against false, decepitive or misleading representation in connection with the collection of a debt, Section 807(10) specifies that it is a violation of the act to use any false representation or deceptive means to collect or attempt to collect any debt. If a debt collector represents to a consumer that payment will be forwarded to the creditor and fails to do so upon payment by the consumer, such action would violate section 807(10). Afni, makes the claim there collecting for verzion. This ladies debt will just be sold to another collection agency. That's how these low life collection agency are. No collection agency will close a debt, if they could legally collect it, come on you should know this, you claim to own your own collection agency.
Sandra
Punta Gorda,#3Author of original report
Tue, February 13, 2007
As with the other posters on this site regarding AFNI's claims of debts owed, I DO NOT, nor have I EVER owed this bill. I fought against their fraudulent attempts to collect money and my personal information and they backed down. I am encouraging others here not to give in to AFNI if they in fact do not owe. I AM NOT STALLING ON PAYING A DEBT I OWE AS YOU SAID. I REFUSED TO PAY A BILL I DO NOT AND NEVER HAVE OWED. Yours sounds like a sour grapes post to me.
J
Lakewood,#4Consumer Suggestion
Tue, February 13, 2007
If a original creditor charges off a debt, he out of the picture. Afni, is sending letters to people stating there collection an bill for verzion. Section 807 of the act contains general prohibition against false, deceptive or misleading representations in connection with the collection of a debt. Further, section 807(10) specifies that it is a violation of the act to use any false representation or deceptive means to collect or attempt to collect any debt. If a debt collector represents to a consumer that a payment will be forwarded to the creditor and fails to do so upon payment by the consumer, such action violate section 807(10) of the act. So (1) how is Afni collecting for original creditor is the debt was sold. another thing, If the debt collector has not supplied the demanded proof of the alleged debt within 30 days you may presume, under the doctrine of estoppel by silence, that no proof of the alleged debt,in fact exists. so (2) how can a JDB, attempt to collect a debt, don't validate, then sell a debt that may not exist. You want to run to the defence of collector, here a chance to give all of us debtors and deadbeats an education.
John
Califon,#5Consumer Comment
Tue, February 13, 2007
How do you know it is indeed their bill if even a bill exists? You have read all the complaints about AFNI's phishing expeditions on here. Are you trying to say they would never do that? You're a joker. They clearly have no validation materials to send anyone hence the phishing-hope people panic and not research-letters. If AFNI has a valid claim against this person, why not validate the debt AS THEY ARE REQUIRED TO DO WHEN ASK?
J
Lakewood,#6Consumer Suggestion
Tue, February 13, 2007
everyone's a deadbeat to you. How can a collection agency turn an account back to the credtior, when they charged it off and sold it. they can't. they just sell it to another low life collection agency. like your's or you pals at PRA. Most JDB, claim that there trying to collect for the original creditor, which is not the case. The only time you can send a debt back to the original creditor, is if your were contracted to collect it. You collectors sell these debt back-n-forward, letting people believe it's coming, again from the original creditor. Once an original creditor, sell the debt, there out of it, except for the statute of limitation, or there named in any suit as co-def. or co-plaintiff. If this was her debt and collectable, Afni, would not have closed the account as they informed the Attorney general, or BBB. NO, your just pissed that people are learning there rights and law and you scum bags can't get away with what you have in the past. There is noway any one of you low lifes would let a debt go, if you can get any money.
K
Wichita,#7Consumer Suggestion
Mon, February 12, 2007
Congrats on sending them a C&D letter. Now they will turn the account back to the original creditor and have them place with a different agency. Congrats on stalling to pay your bill!