SORRY IF THIS IS TOO LONG WINDED! I'm in my early 20's looking to clean up my credit due to some naiveness as an 18-year-old. My goal is to get to a point where I can be approved for higher level credit cards and eventually buy a home. I've read most of the posts in the newbie section and am preparing to start sending letters, but I wanted to run my strategy by someone first and hopefully get some advice. The collection I am referring to is below:
Afni, Inc. ( Cox Communications ) - Reporting on TU and EQ
Amount: $523 (same as the amount from Cox)
DOFD: (not reported on Afni collection) my statements show - 12/2015
Date Opened: 04/2018
First Reported: 05/2018
*note* I do not recall ever receiving a dunning letter from Afni
*note* before CB I didn't know what I was doing and called Afni to ask what this was and how to get rid of it. Was told I had to pay it and they couldn't remove it but only mark it paid in full. Never paid it and was offered a settlement by them which I did call and discuss with them but ultimately never sent a payment. My state law says this doesn't reage the debt, thank goodness.
Arizona sol is 3 years for an oral contract or open account and 6 years for a written contract or credit card. I never signed a contract with Cox, they have a user agreement. I'm assuming the agreement meets the qualifications for a written contract so the sol is through 12/2022. If I'm mistaken in this then I don't think the agreement is legally enforceable ( doubt this is the case ).
I'm hesitant to pursue the 1-2 punch because I would like to keep the option of paying the OC directly open in the future (I can submit a payment online) and want to keep the CRA out of it for now. Further, I'm unsure what the likelihood of a lawsuit is in this case if it's within the sol so I don't wanna push it. So, my strategy is to send a simple DV the CA to request information they hopefully don't want to provide and find out if they own the debt outright:
[Your return address] [Date]
[Debt collector name] [Debt collector Address]
Re: [Account number for the debt, if you have it]
Dear [Debt collector name]:
After reading an article recently about the occurrence of incorrect information being reported to credit reporting bureaus I've become concerned. For this reason, I would like to utilize my rights under the FDCPA guidelines to request that validation of all information pertaining to Acct name, acct # listed on my report is correct and valid. I also request the name and address of the original creditor, the original debt's amount, and proof that I owe this debt to you be provided. Or, please delete this in accordance with my civil rights protected under Federal Law.
Be advised it is inconvenient for me to accept phone calls or any other method of communication other than US mail regarding this matter. Please communicate accordingly.
If they own the debt outright then I'm most likely going to send a more detailed DV targeted at JDB along with DV to the CRA.
If they are a true CA I will most likely use the Pay OC strategy.
Any input or advice would be very helpful!!!