Hey guys. I need your help. Again. I wrote a previous diary about a fraudulent bill collector who is trying to collect money on "zombie debt" that has long been paid off back in 2002.
Just a summary: Afni sent me a letter that I received March 27th stating that this was the "second attempt" to collect a debt from an old Verizon residential phone line I had back in 2000-2001. Since this debt was paid off in 2002, I was confused at their collection attempt since 1) This was the first notice I had received (it said "second attempt") and 2) This debt has been long paid off and never was reported to my credit report all this time.
Naturally thinking this is all a glitch, misunderstanding or clerical error, I googled Verizon Northwest to try to communicate with them directly to see what was going on. About the fifth search result down, I discovered this site (it takes a moment to load) and noticed that Afni has been sending out these fake collection notices to old Verizon accounts hoping that they will get someone to pay.
So I called Afni to get this all straightened out, but they insisted I still owed this money, even telling me that I had to "prove to them that I paid it back in 2002" even though I have since purged my receipts. After speaking with them, I was left to tears because they threatened to take me to collections if I didn't show this proof. They were particularly nasty about it. I felt helpless.
Until I came here.
What I found after posting the last diary is that I wasn't the only one here who had gotten that letter from Afni. They have been sending out hundreds, maybe thousands of letters out to old customers for debt they don't actually owe hoping that someone will take the bait. It's a total scam at best, and total fraud at worst.
So under the guidance of fellow Kossacks and researching the new found term of zombie debt, I typed up a great letter requesting the following:
....Be aware that this letter is not a request for address validation; this letter is to formally dispute the validity of the alleged debt that is listed on the collection notice and demand that the debt validation is provided to me, by you, in its entirety in accordance with both federal and Maryland state laws.
Please provide me with the following:
• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Provide a verification or copy of any judgment if applicable;
• Identify the original creditor;
• Provide me with a statement from Verizon showing this money is still owed and deemed collectible in accordance with the law;
• Provide me with copies of any papers showing you are authorized to collect such debt on Verizon’s behalf;
• Prove the Statute of Limitations has not expired on this account;
• Show me that you are licensed to collect in my state;
• Provide me with your license numbers and Registered Agent;
So, now that I've gotten you caught up, here's where the part II comes in:
I just received a letter from Afni. But this time, instead of charging me $215 for a "settlement offer" of the debt, they came back asking for the full $860 that I owed Verizon. Their "proof" was an old photocopied Verizon residential statement dated September 22, 2001.
This letter confirms the original creditor and balance on your account. Thank you for your attention in this matter.
Now, to remind you all, Verizon already stated to me that I don't owe this debt. This debt never has been on my credit report. Afni is attempting to confuse me more by sending me a photocopy of an old bill. A bill so old that it can't legally be collectible in accordance with the Fair Debt Collection Practices Act because the Statute of Limitations has run out. And of course, because this debt was already paid.
I have to admit, Afni has some balls. Knowing that I've already reported their fraudulent actions to the FTC and the USPS for mail fraud, they are actually trying to send me this second BS letter as "proof" that they are authorized from Verizon to collect this debt making it seem as if I have no choice but to pay them OR ELSE!
Now, because of Statute of Limitations, I know that they can't legally collect this debt from me, even if I did still owe. This is where I need you guys to help again.
I found a great form letter to get me started. Here's is the letter:
Date
Your Name
Your Address
Your City, State Zip
Collector's Name
Collector's Address
Collector's City, State Zip
Account Number: XXX-XXXX-XXXX
To Whom It May Concern:
This letter is response to your phone call on/letter dated January 15, 2009, concerning the above referenced account number.
I have check with my State Attorney General and confirmed that the statute of limitations on this type of debt has expired. Therefore, if you choose to pursue this matter in court, I will be forced to show proof that the statute of limitations has expired.
Let this letter serve as notification that I do not wish to be contacted about this debt any further except to be notified that future collection efforts are terminated. Any other communication regarding this debt will be taken as a violation of the Fair Debt Collection Practices Act.
Sincerely,
Your Name
My question is, if I send this letter, will it be admitting this debt is real? I want to get them off my back. I should have just ignored the first letter, but this has become a huge battle now, and I feel that I not only want to prove to them that they have no right to collect this debt, but that their actions are illegal.
Any suggestions on how I can word this better?
Thanks,
MT
UPDATE:Thanks for the few that commented. It's too bad this got buried under the umpteenth diary about torture. So I will talk to my State AG and see where I can go from here.
Thanks again. MT