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Vanity: Debt Collection Fraud? ANFI Collections
9/27/07 | me

Posted on 09/27/2007 1:17:56 PM PDT by AFreeBird

Okay, so this rare vanity is directed to my FReeper brethren to see if any of you have run across this situation. And to warn potential victims in case you're about to.

Out of the blue, I received a collections notice from a company called ANFI Collections, for a debt of some $100 dollars due to Verizon Florida, Inc.

Now some 15~20 years ago, I did live in Florida, and I did have local phone service with GTE, now part of Verizon (they listed a # and it sounds like it might have been mine, but it's been so long I don't actually remember). I moved from FLA 15 years ago.

I can't honestly say if I owe the debt, but all other utilities were paid and closed, and I have no reason to doubt that GTE was too. And my records from that time had been shredded a few years back. So I can't say.

But I did some Googling of ANFI and Verizon, and did turn up some some similar stories on other boards regarding this company. Apparently they bought up a bunch of names either from Verizon, or other collection companies, some dating back 20 years and have sent out mass mailings this year.

In any event I wanted to warn you all of this. It is a SCAM, or a Fraud IMHO. Maybe I did have a collection issue with GTE, but resolved it (with GTE directly) long ago, but the collections contract was never canceled, or the payment was not properly credited, or I don't know what. But the Statute of Limitations has run out.

I get the impression that this ANFI company is trying to scare people into paying. Do not call this company to inquire, and DO NOT PAY anything until you've throughly researched. You may have to respond to them, but do so in writing, and do so via Registered (return receipt requested) US postal mail (for possible postal fraud complaints), keep all copies of correspondence. You may want to start your research into a similar situation by taking a look at Fair Debt Collection.com, and Federal laws at the Federal Trade Commission.


TOPICS: Business/Economy; Your Opinion/Questions
KEYWORDS: collections; debt; fraud
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To: AFreeBird; Graybeard58
There is some good information regarding statute of limitations posted here, but you DO need to check your credit report and fix it if they have you listed. A lot of free, detailed info on doing this and letters to do it can be had at:

Credit Info Center
American Loan Search

Use the form letters they have and read their forums on credit repair. Lots of good information and you'll learn lots of credit stuff there. Most all of it can be done for free or for just the cost of Certified Mail Return Receipt deliveries to the credit reporting agencies.

DO NOT let this go. It will affect your credit rating without you knowing about it. Dealing just with the Collection Agency won't fix the negative credit listings on your credit reports from the 3 major credit reporting agencies.

21 posted on 09/27/2007 1:46:48 PM PDT by hadit2here ("Most men would rather die than think. Many do." - Bertrand Russell)
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To: darkwing104

Wow, that was a scary google. It’s amazing the lengths scumbags will go to.


22 posted on 09/27/2007 2:04:03 PM PDT by AFreeBird (Will NOT vote for Rudy. <--- notice the period)
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To: AFreeBird

I suspect 20 years is wayyyyyyyy beyond any statute of limitations for debt.


23 posted on 09/27/2007 2:07:58 PM PDT by IronJack (=)
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To: AFreeBird
The reps "Supervisor" said he'd halve my bill,

They offered me the same deal, they said I owed Sprint $140 but they would accept $70 and it would be paid in full, I responded by mail that I diodn't owe Sprint a damnd dime and the next thing I knew it was on my credit report.

I am going to pursue this.

24 posted on 09/27/2007 2:11:17 PM PDT by Graybeard58 (Remember and pray for SSgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: AFreeBird
I never had this situation but have become totally fed up with the cheesy unethical practices of phone companies in general. Cingular, T-Mobile, and Verizon have each in their own way failed to perform, usually by refusing to honor the statements and assurances of service made by their sales agents.

Cingular cancelled a service contract because they weren't making enough money, and then charged me the cancellation fee! Scumbags all. I miss Ma Bell.

25 posted on 09/27/2007 2:11:59 PM PDT by hinckley buzzard
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To: mkjessup

UNLESS YOU ACKNOWLEDGE THE DEBT!

That’s the important part. If they can get you to admit to the debt even after 7 years, the clock starts ticking again.

Just answer (or don’t even bother) that you don’t know anything about the debt. Period.


26 posted on 09/27/2007 2:12:25 PM PDT by Philistone (Your existence as a non-believer offends the Prophet(MPBUH).)
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To: AFreeBird
Funny you posted this. A coworker of mine just asked me about the EXACT same scenario because it's happening to him.

Send them a certified letter asking them to never contact you about this again.

That's it. Don't ask for verification, validation, etc... and whatever you do, don't send one of those stupid "validation" letters you can download from some of the message boards.

It's past the 7-1/2 year credit reporting period and very likely past your state's statute of limitations on debt. If you send them the above demand, there is nothing they can do but stop contacting you. If they do contact you after that, Freepmail me and I'll tell you how to get a quick $500 from them.

27 posted on 09/27/2007 2:12:58 PM PDT by BearCub
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To: Hemorrhage

I heard that too, but apparently if you make a new payment, the clock is started all over again and your credit can suffer.


28 posted on 09/27/2007 2:19:41 PM PDT by Nomorjer Kinov (If the opposite of "pro" is "con" , what is the opposite of progress?)
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To: Wiser now
Tell them you do not owe the debt they allege you owe (important wording) and that under the Fair Credit Reporting Act, they may not put anything on your credit report. You then keep a copy of the letter forever.

Clark Howard and his followers know very little about the reality of dealing with debt collectors. Clark himself isn't too bad but the people on his message boards really suck.

If it is within the 7-1/2 year reporting period they absolutely MAY list the debt on your credit report even if you dispute the debt. In that case they must ensure the account is marked as disputed on your credit report.

If you ask for validation and they haven't yet reported it to the credit reporting agencies, they CANNOT report it until they provide the validation. That is because the mere listing of the account is considered collection activity, which must cease until they validate the debt.

The whole thing is pretty complex, but in this case isn't. Send the "do not contact" letter an be done with it.

29 posted on 09/27/2007 2:20:50 PM PDT by BearCub
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To: BearCub
Well and that's the thing, after almost 15 years, who can recall, and I don't usually keep records after 10 years, unless really important. Canceled checks for utility bills from 15 years ago, in a state I no longer reside in; not so much.

Also, the rep said that they got the file from other agencies, who had been mailing my old address for 15 years (yea right). But even so, it would be reasonable to assume that the "alleged" debt was reported to the credit bureau's long ago and has since expired. So if they report it again, then I figure they get sued.

30 posted on 09/27/2007 2:21:12 PM PDT by AFreeBird (Will NOT vote for Rudy. <--- notice the period)
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To: mkjessup
Under the FDCPA, after 7 years the debt is null and void unless a court order was obtained by the creditor for payment of the debt. After 7 years, it must not be included on your credit report, it is considered uncollectable.

Not true. You mean the FCRA and even then it's not true. The 7-1/2 year reporting period deals only with how long the debt may remain on your credit report. It has nothing to do with whether the debt is valid. A debt is perfectly collectable after 7 years. They can attempt to collect it forever. After your state's statute of limitation runs, they can no longer sue you for it. At that point they can continue to try to collect it until you tell them to stop contacting you (if you are dealing with a third-party collector).

Also keep in mind that the FDCPA only applies to third-party debt collectors. It does not apply to the original creditor. You can tell the original creditor to stop calling util you're blue in the face and they can keep on calling. As long as it doesn't rise to illegal harassment, there is nothing you can do.

31 posted on 09/27/2007 2:25:53 PM PDT by BearCub
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To: Philistone
If they can get you to admit to the debt even after 7 years, the clock starts ticking again.

Not so. Nothing restarts the 7-1/2 year clock on a delinquent debt.

32 posted on 09/27/2007 2:28:30 PM PDT by BearCub
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To: AFreeBird
So if they report it again, then I figure they get sued.

Yup. I've sued four of these companies and in three cases they wrote me checks. In the last one, I let the suit die on the vine & the court dismissed it for want of prosecution. I also sued Equifax for an outdated entry from my college days that they refused to delete.

These people respond to lawsuits. The general strategy is: bait them into violations of the FDCPA and/or FCRA. Document those and then sue them. They will settle quickly as their legal bills quickly surpass any profit they would make by collecting from you. Win or lose, you aren't liable for their attorney's fees.

33 posted on 09/27/2007 2:32:04 PM PDT by BearCub
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To: Nomorjer Kinov

>> I heard that too, but apparently if you make a new payment, the clock is started all over again and your credit can suffer.

I am an attorney, and worked in debt collection law while I was in law school.

I know that is is the case in Texas ... I’m not sure about Florida (though I would assume it is similar). The Texas statute of limitations is 2 years from the point at which the debt first went into default. Making a payment can reset that date - thus restarting the statute of limitations, and allowing the debt-holder to sue.

Debt collectors will often try to pressure you to make a payment to reset that date (though they won’t expressly say so). You certainly don’t want to do that on a 20-year-old debt ... as I am virtually certain that the Statute will have run.

H


34 posted on 09/27/2007 2:32:12 PM PDT by SnakeDoctor (How 'Bout Them Cowboys!!!)
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To: BearCub

Estoppel letter. End of story.


35 posted on 09/27/2007 2:35:07 PM PDT by rednesss (Fred Thompson - 2008)
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To: Nomorjer Kinov
I heard that too, but apparently if you make a new payment, the clock is started all over again and your credit can suffer.

Nope. There is no resetting the clock. The 7-1/2 years is from the date the account first went delinquent. A subsequent payment doesn't reset the clock.

That said, you could make a payment that brings the account completely current. Then a few months later you go delinquent again. That new delinquency will have its own 7-1/2 year reporting period. But partial payments that don't pay off the entire past-due amount have no effect on the reporting period.

36 posted on 09/27/2007 2:36:07 PM PDT by BearCub
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To: AFreeBird

Visit and post here:

creditboards.com

The people there know what they are talking about.


37 posted on 09/27/2007 2:37:13 PM PDT by diotima
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To: rednesss
The so-called "estoppel letter" is legally useless.

For those that don't know what it is, it's a fabrication of a non-lawyer on the internet that claims that by failing to respond in an arbitrarily-defined timeframe, a collection agency is barred from collecting by estoppel. There is no timeframe dictated by the FDCPA and the letter is worthless.

There are some VERY effective ways to deal with these people and that ain't one of 'em.

38 posted on 09/27/2007 2:40:34 PM PDT by BearCub
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To: Hemorrhage
know that is is the case in Texas ... I’m not sure about Florida (though I would assume it is similar). The Texas statute of limitations is 2 years from the point at which the debt first went into default. Making a payment can reset that date - thus restarting the statute of limitations, and allowing the debt-holder to sue.

In some states a payment can reset the limitations period but never the 7-1/2 year credit reporting period. In most, but not all, states, a mere verbal acknowledgement of the debt won't restart the SOL.

39 posted on 09/27/2007 2:42:41 PM PDT by BearCub
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To: AFreeBird

Remember, the statute of limitations runs from the date of last payment made or the date of the “promise” to pay..

So, be aware of what you say to a bill collector..


40 posted on 09/27/2007 2:43:46 PM PDT by Experiment 6-2-6 (Admn Mods: tiny, malicious things that glare and gibber from dark corners.They have pins and dolls..)
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