Hilco - no DV and now Weltman contacting me.
Date: Fri, 04/10/2009 - 20:44
Last year, about july, I sent a dv letter to Hilco. They had not contacted me but had an entry on my credit report. So i sent the DV, yet did not get a response. I sent another DV CMRR with a copy of the original, still no response. At that point i decided to wait and see if SOL would pass.
Now with about 11 months until SOL is up, Weltman, Weinburg, and Reese contact me regarding this debt trying to collect. They claim they have been retained by Hilco to collect.
From my understanding, this is a breach of the FCRA and FDCPA.
1) never replied to dv and left derogatory info on my credit report
2)never marked account as "in dispute" on my credit report
3) hiring someone else to collect the debt which constitures further collection activity.
Am I correct in my assumptions?
Now with about 11 months until SOL is up, Weltman, Weinburg, and Reese contact me regarding this debt trying to collect. They claim they have been retained by Hilco to collect.
From my understanding, this is a breach of the FCRA and FDCPA.
1) never replied to dv and left derogatory info on my credit report
2)never marked account as "in dispute" on my credit report
3) hiring someone else to collect the debt which constitures further collection activity.
Am I correct in my assumptions?
They are in violation for not marking the account as disputed.
They are in violation for not marking the account as disputed. The DV issue is going to be an uphill battle I think. Since your DV was in response to discovering their tradeline on your reports as opposed to an initial dunning letter, they could claim that they mailed you a dunning letter and you did not respond within 30 days. (Remember, they don't have to prove they mailed the letter, only that they have a process in place for the mailing of them) Even then, they never have to respond to a DV. If it is timely, collection efforts must cease until validation is provided. If it's untimely, they only have to mark the TL as "Disputed by COnsumer"
