To DV or Not To DV?
Date: Thu, 01/06/2011 - 02:34
I obtained a loan through MBNA in 2000; shortly thereafter, due to personal- and health-related reasons, I was no longer able to make payments, so the account eventually got charged off and sold to HILCO Receivables for collection.
While HILCO did perform the original collection attempts, they eventually began farming the account out to various other collectors (Northland Group, Genesis Financial, Apex Financial, Weltman, Weinberg & Reis, etc.).
Every time I received a collection attempt from HILCO or one of their hired goons, I sent a DV letter out via CMRR and disputed the remarks on my credit reports. I never once received validation for the debt, but the line items for HILCO and their goons kept getting updated erroneously as if the debt had been validated.
Finally, with much persistence on my part, HILCO and the original MBNA / BofA line items fell off of my reports - mostly from a lack of validation from HILCO and their goons, and partially because the 7 year limit had eventually been reached.
Despite the above, I still receive a collection attempt from one of HILCO's goons at least once a year; this year is no different. :-| I just received a collection letter from Laurence A. Hecker / Pinnacle Credit Services the other day concerning this same account.
Here's my quandary: I checked all 3 of my credit reports last night to see if Pinnacle slammed any of them - surprisingly, the only mention of them was an inquiry on my Experian report. Neither of the accounts, the original MBNA / BofA account nor the HILCO account, are listed on any of my reports.
Additionally, the account was listed as a Credit Card / Revolving Account when they were on my reports, so I'm pretty sure it's hit the SOL for my state (Arizona) anyhow. So, should I DV this latest attempt or, considering the facts stated above, should I just ignore it?
Thanks in advance for your input!
Hi! Welcome to the forums! You should send a debt validation let
Hi!
Welcome to the forums!
You should send a debt validation letter to the collection agency. This time if they are unable to validate the debt, you should send a cease and desist letter to them. This is because, by federal law, the collection agencies can't contact the consumers after receiving the cease and desist letter. If they do contact you again, then you can take legal action against them.
If the debt is out of SOL, send them an FOAD letter, telling the
If the debt is out of SOL, send them an FOAD letter, telling them the debt is time barred and the cease and desist. Why bother with a DV? Just tell them to get lost!!!!
Hey Soaplady, what's a FOAD letter? Can you tell us a bit more a
Hey Soaplady, what's a FOAD letter? Can you tell us a bit more about this?
FOAD = "Eff off and die." A cease and desist letter will do the
FOAD = "Eff off and die." A cease and desist letter will do the trick of sending that message.
Agreed. Past SOL and past reporting. FOAD 'em. Just remember
Agreed. Past SOL and past reporting. FOAD 'em. Just remember that although the time frame for legal action and reporting have expired, an unpaid debt is collectible until paid.