My story is like all the rest here. I was contact by ANFI for a collection on a Verizon NY phone bill. The only problem is that account has been closed for over 7 years. I called AFNI for any documentation. They said they couldn't provide any. I contacted Verizon asking for the last bill or other documentation. They said their records don't go back that far. They said to send a letter contesting the validity and the matter would go away. I sent a certified letter to the PO Box. I'm going to send another one to the Corporate Headquarters and do a return receipt as well. I'm doing all this for back up in case I have to fight it on my credit report. I found a ton of interesting info from some background checking. See below.
Corporate Headquarters:
404 Brock Drive
Bloomington, IL 61702-3097
800.767-2364
Better Business Bureau link:
http://heartofillinois. BBB.org/WWWRoot/Report. Aspx? Site=109&bbb=0724&firm=9000349
Other names the company goes by:
Afni/Bloom
Anderson Fin Network
Anderson Financial Network, Inc.
Anderson Financial Network
Some excellent information found on the BBB site:
Industry Tips
Debt Collection
Under the Federal Trade Commission's Fair Debt Collection Practices Act, collection agencies may not use any false, deceptive, or misleading representations or means to collect debts. They may not harass, oppress, or abuse any person while attempting to collect a debt. A debtor may be contacted between 8 A.M. And 9 P.M. Only and can be contacted at work unless instructed not to. If a consumer does not wish to be contacted by a collection agency via phone, he must state so by contacting the company in writing within thirty days. After doing so, the collector cannot call the consumer again.
Collectors may not tell others about the debtor's personal finances. They are also not required to tell the consumer when they sell his or her account, so there is likelihood for a person to be contacted by a different collection agency regarding the same debt and having to dispute it all over again.
Additionally, many debts have a statute of limitations, meaning they eventually expire and can be brought up as having passed their statute of limitations as a defense if the collector takes the alleged debtor to court and tries to sue him. Most of these time-barred debts expire between 4 to 6 years after going into default, with individual states having their own legislation regarding the exact amount of time. According to the Federal Trade Commission, however, the Fair Debt Collection Practices Act does not prohibit debt collectors from trying to collect barred debts, as long as they do not sue or threaten to sue the consumer for the debt.
It also must be kept in mind that not all debts have a statue of limitations. For instance, there is NO statute of limitations on federal student loans, most types of fines, past due child support, taxes in most cases, as well as on reporting the account to credit bureaus. The statute of limitations again depends on the type of debt and the given state's civil debt collection codes.
Consumers should likewise be aware that even after a debt reaches its statute of limitations, if the consumer makes any payment on the debt or signs a promissory note, this may reset or restart the statute of limitations. That is why it is crucial to make sure that the alleged debit is valid before making any payment. This stipulation differs from state to state, and by paying any amount of money it may renew a debt.
When confronted with questionable debt, consumers should verify their state's statutes of limitations, write a dispute letter to the collection agency within 30 days of receiving the first collection notice, keep accurate records of all correspondence, and report
BBB Definition:
Report - A summary of activity reflected in a company's BBB file.includes basic business background, BBB Accreditation information, and BBB complaint activity over the previous three years. Also reports may include any known government actions, advertising issues or other information that results from activity conducted by the BBB.
BBB Definition:
Report
BBB Definition:
Report - A summary of activity reflected in a company's BBB file.includes basic business background, BBB Accreditation information, and BBB complaint activity over the previous three years. Also reports may include any known government actions, advertising issues or other information that results from activity conducted by the BBB.
- A summary of activity reflected in a company's BBB file.includes basic business background, BBB membership information, and Bureau complaint activity over the previous three years. Also reports may include any known government actions, advertising issues
BBB Definition:
Advertising issues - Claims alleging print or electronic media advertised claims or practices misrepresent the service or product offer.
Or other information that results from activity conducted by the BBB.
Time Barred Debts
Time-Barred Debts _FTC
There's no doubt about it: you are responsible for your debts. If you fall behind in paying your creditors - or if you dispute the legitimacy of a debt - a debt collector may contact you.
"Time-barred" debts are debts so old they are beyond the point at which a creditor or debt collector may sue you to collect. State law varies as to when a creditor or debt collector may no longer sue to collect: in most states, the statute of limitations period on debts is between 3 and 10 years; in some states, the period is longer. Check with your State Attorney General's Office at www.naag.org to determine when a debt is considered time-barred in your state.
Federal law imposes limitations on how debt collectors can collect debts, including time-barred debts. Under the Fair Debt Collection Practices Act (FDCPA), a "debt collector" generally is any person or organization that regularly collects debts owed to others. The term includes lawyers who collect debts for others on a regular basis, but it does not include creditors collecting their own debts.
The FDCPA prohibits debt collectors from engaging in any unfair, deceptive, or abusive practices while collecting debts. It does not erase any legitimate debt that you owe. To learn more about your rights under the FDCPA, click on www.ftc. Gov/bcp/conline/pubs/credit/fdc.htm.
Collecting Time-Barred Debts
Most courts that have addressed the issue have ruled that the FDCPA does not prohibit debt collectors from trying to collect time-barred debts, as long as they do not sue or threaten to sue you for the debt. If a debt collector sues you to collect a time-barred debt, you can have the suit dismissed by letting the court or judge know the debt is, indeed, time-barred.
Whether a time-barred debt - or any debt for that matter - can appear on your credit report
BBB Definition:
Report - A summary of activity reflected in a company's BBB file.includes basic business background, BBB Accreditation information, and BBB complaint activity over the previous three years. Also reports may include any known government actions, advertising issues or other information that results from activity conducted by the BBB.
Depends on how long the debt has been delinquent: debts that have been delinquent more than seven years cannot appear on your credit report
BBB Definition:
Report - A summary of activity reflected in a company's BBB file.includes basic business background, BBB Accreditation information, and BBB complaint activity over the previous three years. Also reports may include any known government actions, advertising issues or other information that results from activity conducted by the BBB.
, with certain exceptions.in addition, a debt collector may not try to collect a debt that has been discharged in bankruptcy, no matter when it was incurred. To learn more about credit reporting, click on www.ftc. Gov/bcp/conline/pubs/credit/fcra.htm.
Contact with Collectors
Can a debt collector continue to contact you about a time-barred debt you don't think you owe? According to the law, if you send the debt collector a letter stating that you do not owe some or all of the money within 30 days after you receive written notice of a debt, the collector must stop trying to collect until you've been given written verification of the debt, like a copy of the bill for the amount you supposedly owe. The collector can renew collection activities once you've gotten proof of the debt.
You can stop debt collectors from contacting you about any debt, regardless of whether you owe it, by writing a letter telling them to stop contacting you. Once the collector gets your letter, it may not contact you again - except to say there will be no further contact or to let you know that the collector or creditor intends to take some specific action. Sending a letter doesn't absolve you of the debt if you actually owe it; the debt collector or creditor still could sue you for the debt.
Future Collection Efforts
The best way to protect yourself from future collection on any disputed or partially settled debt is to get a form or letter from the creditor or collector that releases you from further obligation. To make sure the release is valid, you may want to consult an attorney. If you believe that a debt collector violated the law, you have the right to sue in a state or federal court within a year from the date the law was violated. If you win, you may recover money for the damages you suffered, plus an additional amount up to $1,000. You also may recover court costs and attorney's fees. You also may want to report
BBB Definition:
Report - A summary of activity reflected in a company's BBB file.includes basic business background, BBB Accreditation information, and BBB complaint activity over the previous three years. Also reports may include any known government actions, advertising issues or other information that results from activity conducted by the BBB.
Any problems you have with a debt collector to your State Attorney General and to the Federal Trade Commission.
The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc. Gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. And abroad.
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