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Report: #146214

Complaint Review: AFNI - Bloomington Illinois

  • Submitted:
  • Updated:
  • Reported By: SAN ANTONIO Texas
  • AFNI 404 Brock Drive Bloomington, Illinois U.S.A.

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Two weeks ago I received a letter from AFNI stating that i owed Cingular wireless 900 dollars and that they would settle for 450. Keep in mind that i closed out and paid a settlement fee wit CBCS. I called the number on the letter and was told that i would have to provide some proof that i had infact paid this off.

Now i'm know for a fact that they can pull people's credit report being that this is the nature of the beast and part of thier job. So why them would they waste their time on someone who has already paid the debt off? well, i called back after i couldn't get through to get a copy of my credit report. i was then told that if i didn't pay this off that it would go on my credit report. Well by this time i amd getting irate.

I go the the Cingualr office here in town and they pull up my name and inform me that I do not owe them anything and that they don't understand why AFNI has contacted me. I'm not even going to get started on Cingular's incompetence. so the girls prints out this receipt showing that as of 3/18 of this year, i owe nothing. Yet when i called the AFNI people back they tell me that Cingular wrote me off and that they no longer had anything to do with the collection attempt, BS.

If Cingular had written me off then why do i still appear on their billing cycle for an account that was closed out a year ago. Again this is really Cingular's fault had they bother to update their records and info AFNI never would have gotten my name but the fact remains that AFNI is the one threatening my credit line.

I have worked to hard to build my credit up for these morons to come in and mess everything up for me. So my last response to AFNI was here's my receipt from Cingular showing that i owe them nothing. I want a letter from you stating that everything is cleared and i don't know what else they wanted from me, that my next step would be to contact my lawyers. i did get online however and did pull up my credit report and from all that talking they did about putting stuff on my credit report , that's exactly what they did. now i get the pleasure of contacting my lawyer. AFNI you better hope that your lawyer is a bigger son of a b*$ch than mine if you don't get crap straight and get your name off my credit report.

Michelle
SAN ANTONIO, Texas
U.S.A.

This report was posted on Ripoff Report on 06/14/2005 07:58 PM and is a permanent record located here: https://www.ripoffreport.com/reports/afni/bloomington-illinois-61702/afni-ripoff-very-defensive-not-helpful-menacing-and-threatening-bloomington-il-146214. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
8Consumer
0Employee/Owner

#8 Consumer Suggestion

Information regarding the "Employee" rebuttal...

AUTHOR: Steve - (U.S.A.)

POSTED: Saturday, August 05, 2006
That was the typical uninformed debt collector response. Too bad it is nothing but arrogance and bad information.

Here are the facts. Any collector is required upon request to provide accurate contact information and names upon request. This is federal law.

Any collector must validate a debt upon request. If the collector cannot provide an original contract that created the debt, as well as an account history and itemization of charges, they cannot win in court except by default. They must also be able to prove they actually own the debt and/or have a right to collect it.

In many states you can only sue for actual losses, not future value. This means they can legally sue for the penny or less on the dollar they paid for the debt.

Furthermore, the defense I have used succesfully is that they are not suing for a debt. They are suing to recover from a bad investment. There is a basis of law for this defense.

The collection agency or debt buyer are not creditors. They do not extend credit. The debtor never entered into any agreement with them.

This "debt" stopped being a "debt" when the original creditor charged it off and sold it and took the tax deduction for the loss. At this point this debt does not legally exist. It is dead.

Now, the DEBT BUYER comes along, and WILLINGLY and KNOWINGLY buys these old charges off accounts as an INVESTMENT. Suing a debtor on an old charged off debt that is a bad investment, is like suing your stock broker when you lose money on your stocks!

This defense works! I have used it successfuly, and hope to get a legal precedent set that will KILL debt buyers altogether.

Search for AFNI here on ROR, as I posted full contact info for them there.
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#7 Consumer Suggestion

Information regarding the "Employee" rebuttal...

AUTHOR: Steve - (U.S.A.)

POSTED: Saturday, August 05, 2006
That was the typical uninformed debt collector response. Too bad it is nothing but arrogance and bad information.

Here are the facts. Any collector is required upon request to provide accurate contact information and names upon request. This is federal law.

Any collector must validate a debt upon request. If the collector cannot provide an original contract that created the debt, as well as an account history and itemization of charges, they cannot win in court except by default. They must also be able to prove they actually own the debt and/or have a right to collect it.

In many states you can only sue for actual losses, not future value. This means they can legally sue for the penny or less on the dollar they paid for the debt.

Furthermore, the defense I have used succesfully is that they are not suing for a debt. They are suing to recover from a bad investment. There is a basis of law for this defense.

The collection agency or debt buyer are not creditors. They do not extend credit. The debtor never entered into any agreement with them.

This "debt" stopped being a "debt" when the original creditor charged it off and sold it and took the tax deduction for the loss. At this point this debt does not legally exist. It is dead.

Now, the DEBT BUYER comes along, and WILLINGLY and KNOWINGLY buys these old charges off accounts as an INVESTMENT. Suing a debtor on an old charged off debt that is a bad investment, is like suing your stock broker when you lose money on your stocks!

This defense works! I have used it successfuly, and hope to get a legal precedent set that will KILL debt buyers altogether.

Search for AFNI here on ROR, as I posted full contact info for them there.
Respond to this report!
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#6 Consumer Suggestion

Information regarding the "Employee" rebuttal...

AUTHOR: Steve - (U.S.A.)

POSTED: Saturday, August 05, 2006
That was the typical uninformed debt collector response. Too bad it is nothing but arrogance and bad information.

Here are the facts. Any collector is required upon request to provide accurate contact information and names upon request. This is federal law.

Any collector must validate a debt upon request. If the collector cannot provide an original contract that created the debt, as well as an account history and itemization of charges, they cannot win in court except by default. They must also be able to prove they actually own the debt and/or have a right to collect it.

In many states you can only sue for actual losses, not future value. This means they can legally sue for the penny or less on the dollar they paid for the debt.

Furthermore, the defense I have used succesfully is that they are not suing for a debt. They are suing to recover from a bad investment. There is a basis of law for this defense.

The collection agency or debt buyer are not creditors. They do not extend credit. The debtor never entered into any agreement with them.

This "debt" stopped being a "debt" when the original creditor charged it off and sold it and took the tax deduction for the loss. At this point this debt does not legally exist. It is dead.

Now, the DEBT BUYER comes along, and WILLINGLY and KNOWINGLY buys these old charges off accounts as an INVESTMENT. Suing a debtor on an old charged off debt that is a bad investment, is like suing your stock broker when you lose money on your stocks!

This defense works! I have used it successfuly, and hope to get a legal precedent set that will KILL debt buyers altogether.

Search for AFNI here on ROR, as I posted full contact info for them there.
Respond to this report!
What's this?

#5 Consumer Suggestion

Information regarding the "Employee" rebuttal...

AUTHOR: Steve - (U.S.A.)

POSTED: Saturday, August 05, 2006
That was the typical uninformed debt collector response. Too bad it is nothing but arrogance and bad information.

Here are the facts. Any collector is required upon request to provide accurate contact information and names upon request. This is federal law.

Any collector must validate a debt upon request. If the collector cannot provide an original contract that created the debt, as well as an account history and itemization of charges, they cannot win in court except by default. They must also be able to prove they actually own the debt and/or have a right to collect it.

In many states you can only sue for actual losses, not future value. This means they can legally sue for the penny or less on the dollar they paid for the debt.

Furthermore, the defense I have used succesfully is that they are not suing for a debt. They are suing to recover from a bad investment. There is a basis of law for this defense.

The collection agency or debt buyer are not creditors. They do not extend credit. The debtor never entered into any agreement with them.

This "debt" stopped being a "debt" when the original creditor charged it off and sold it and took the tax deduction for the loss. At this point this debt does not legally exist. It is dead.

Now, the DEBT BUYER comes along, and WILLINGLY and KNOWINGLY buys these old charges off accounts as an INVESTMENT. Suing a debtor on an old charged off debt that is a bad investment, is like suing your stock broker when you lose money on your stocks!

This defense works! I have used it successfuly, and hope to get a legal precedent set that will KILL debt buyers altogether.

Search for AFNI here on ROR, as I posted full contact info for them there.
Respond to this report!
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#4 Consumer Comment

You're wrong Teresa

AUTHOR: Lori - (U.S.A.)

POSTED: Saturday, August 05, 2006
Sorry but AFNI is no more upright than any other collection agency. They sent me a notice for a past due cable bill (29.00) from 1993. Wonderful, except that I didn't have a cable bill that was outstanding in 1993, and second, 13 years is just a bit out of SOL. Check out the other posts on AFNI, and I think you'll see that they send a LOT of notices for non-existent accounts.

It's NOT advisable to talk to ANY of these companies over the phone. Always contact them in writing, and ask that they do the same. Ask for verification/validation of the debt, and make them prove that they OWN the debt and it is theirs to collect. And since collectors COUNT on the fact that you'll pay something just for the sake of getting it paid, DON'T get suckered in by this tactic. Teresa's response sounds like a collector in action, angry, trying to make you feel guilty, condescending.

And BTW Teresa, if you know the address is incorrect, why didn't you post the correct address? It's my understanding that the address thing is an issue with AFNI. If they're so upright, why are they so hard to find? Enquiring minds want to know...
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#3 UPDATE Employee

How AFNI (and other collection companies) work

AUTHOR: Teresa - (U.S.A.)

POSTED: Friday, August 04, 2006
First, AFNI (like other collection companies) receive debts in several ways... they are either contracted by a company (such as Cingular, such as Sprint, such as Verizon, etc...) to collect on debts that the original company has been unable to collect on, or they buy debts from either the original company or another collection agency to collect on them.

In either case, you do not then owe the original company anything, you now owe AFNI because they own the debt. *That* is why your Cingular acct now says that you don't owe them anything. AFNI *bought* your debt. Now you owe *AFNI*. It's very simple. Really. It is not "BS"... it is the way collection companies work. Period.

Second, what do you think collection companies do? Run random credit reports and say "hey, here's somebody who doesn't owe anybody anything... let's go screw up her credit report!?" Please. There are *plenty* of people out there who closed out land line and cellular accts, or got them cut off for non payment, that AFNI has bought the debts for. The only way AFNI even knows who you are is because you OWE A DEBT and you HAVE NOT PAID IT.

Third, you have, usually, *three months* to make payment to the original company before they even *think* about sending it to collections. For someone who has "worked to hard" (it's 'too,' by the way) you'd think you would have paid your bills on time! Why don't you just save that money you were going to spend on your "son of a b*$ch" lawyer (who will be laughed out of court when AFNI provides documentation that you did, in fact, owe the debt) and use it to pay your bills?!? Then a collection company will never, ever have to contact you!

P.S. You don't even have the right address for the collection side of AFNI.
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#2 Consumer Comment

AFNI - Major FCPA Violation

AUTHOR: Morris - (U.S.A.)

POSTED: Monday, June 26, 2006
I just filed a complaint on this site that is very similar.

AFNI refuses to verify that I paid a debt off with Sprint and they continue to keep it on my credit report. Per the FDCPA, AFNI must verify the debt. So, when I asked them to verify it, they sent me the original bill from 2001. I asked them to call Sprint and they said that they would not.

I am fighting them. I refuse to pay an amount that the original creditor and myself resolved.
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#1 Consumer Comment

AFNI knowingly taking advantage of consumers, research first before coughing a penny for those fraudulent bastards!

AUTHOR: Jonathan - (U.S.A.)

POSTED: Friday, March 17, 2006
well, interesting to know that there others suffering from the same fate of bastards, like AFNI. AFNI states that I have a $50 past due acct w/ Sprint from 4 yrs ago!!! so, I too called Sprint to verify why I have an outstanding bill of $50, and of course, like many of you, they stated that I do not have an outstanding balance with them. so I called AFNI back and informed them that there is no outstanding balance.

what I believe AFNI does is, is research accounts of people w/ a long history of credit, bad or good, and with accts open as far back as 5 yrs ago, because AFNI knows that most people forget about past dues. it's a smooth scheme to get people to pay a bogus amount for half! thinking that it will clear our record. NOT! don't pay a dime! research first before coughing a penny for those fraudulent bastards! hope this helps...
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