Law Firm Collector for Dell

[takeahike]

I am relatively new here and I don't even know where to start with this one, so please bear with me. Here goes...

Around November 2006 I started getting the obscure phone calls from Weltman, Weinberg & Reis ("...regarding an important business matter..."). I had no idea who it was or why they were calling. Of course, I never returned a phone call to their toll-free number, and they continued to call and leave the same recorded message DAILY.

Finally in December I get the first letter from them that indicates what they were calling for. Dell Financial Services. This was before I discovered CIC, so I blew the 30 day DV period, however I just drafted a DV letter to them the other day and am revising it to send.

BUT, I just discovered on my Experian report that there is a Dell account listed from 3/2002 for $1,366, with a Balance due of $0 as of 5/2006. Under Dell's address it says "Debt included in Bankruptcy/Account charged off."

Then it says:

"Charge Off as of Apr 2006, Dec 2005, Nov 2005, Jul 2005, Oct 2003, Sep 2003, Aug 2003

150 days as of Feb 2003

120 days as of Jan 2003

90 days as of Dec 2002

60 days as of Nov 2002

"Debt included in Bankruptcy on May 11, 2006" Exqueeze me?? I didn't file for BK in 2006!! Although I did in April of 1998, and I have no recollection of whether there was a Dell account included. No matter, I certainly didn't file in 2006!

So where do I start with this? Do I contact Dell? That would seem to be foolish on my part. Do I send a letter to Experian asking for verification, or do I just state that I never filed for BK in 2006 and that the infomration contained in that listing is inaccurate? Do I still send my DV letter to the Weltman a**clowns?

Offerings on the next series of events appreciated!! Thanks in advance!

[divemedic]

First, since you got your first letter form them recently, you are not outside the 30 days window. Especially if it had the full miranda

[takeahike]

The first letter was dated December 15, 06. Then I got another one January 15, 06 that says:

Despite previous notices and demands for payment, you have failed to liquidate the above-referenced debt. If payment in full is not received by our office within 15 days of the d ate of this letter, your continued failure to satisfy your obligation may result in additional efforts on behalf of our client to collect this account.

Their first letter had all the miranda mumbo jumbo in it. They also, kindly, sent me a "take advantage of the tax season..." letter around January 21.

[IHateCAs]

Looks like this was not IIB by your dates.

[IHateCAs]

What's the SOL for sale of goods in Illinois?

[June]

60 days as of Nov 2002

Sounds as if the DOLP was September 2002 and DOFD is October 2002.

Forget BK in the year 1998, that was 9+ years ago.

Start with:

1) Did you contract to purchase a Dell Computer in March 2002?

2) Did you default on it Oct 2002?

If you answered "no," to both questions, this is NOT your account.

Too much inaccurate information for this account to belong to you.

With all those daily phone calls, I'll say, they were fishing.

[takeahike]

SOL on written contract is 10 years, oral is 5 years.

[takeahike]

I did buy a computer several years ago, but I think I would remember not paying for it! I also know that it was not in or before my BK 9 years ago, because such an old computer would be obsolete by now! I think they (Dell/Weltman) have the wrong person for this debt, but I also am confused by this being reported as included in my BK. I know that it wasn't! I am sure I don't have receipts for the computer purchase.

Any suggestions on how to respond to Weltman as well as what to write to CRAs would be most appreciated! Thank you!!

[June]

I am sure I don't have receipts for the computer purchase.

Don't worry about it. The burden of proof is on Dell/Weltman.

Any suggestions on how to respond to Weltman as well as what to write to CRAs would be most appreciated! Thank you!!

It's going to be a l-o-n-g road.

So, let the journey begin.

Admit to nothing. Don't mention your 1998 BK in your letters at all.

Although there is a reference to some BK, we know the delinquent account does not belong to you. Do the regular CIC Routine. Dispute with CRAs and DV with the attorney. Within 30 days (or less), you'll have them on violation$$ and take it from there!

When it really gets ugly and nasty, (and it shall - may be not because an attorney IS already involved) complain to the FTC, Illinois State Attorney General, The Illinois Bar, and whoever.

[takeahike]

Don't worry about it. The burden of proof is on Dell/Weltman.

It's going to be a l-o-n-g road.

So, let the journey begin.

Admit to nothing. Don't mention your 1998 BK in your letters at all.

Although there is some reference to some BK, we know the delinquent account does not belong to you. Do the regular CIC Routine. Dispute with CRAs and DV with the attorney. Within 30 days (or less), you'll have them on violation$$ and take it from there!

When it really gets ugly and nasty, (and it shall - may be not because an attorney IS already involved) complain to the FTC, Illinois State Attorney General, The Illinois Bar, and whoever.

"It's going to be a l-o-n-g road." .............I was afraid of that. Ugh. However, I am feeling very empowered, having just beat Crap 1 to the tune of $15,000 IN COURT because they couldn't produce an itemized Bill of Particulars (although that road was 7 months long!). Patience is not one of my strong points, however an Attitude (with a capital A) is.

Thank you for your help, June!

[June]

However, I am feeling very empowered,

That's fantastic!!!

Within 7 months and $15k, bye-bye.

Oh yeah, I like your "Attitude."

You'll do just find. It should be easier this time around.

BTW, did I fail to mention, "Attitude" is a requirement for credit repair.

[IHateCAs]

WW&R are not an "on paper" lawfirm. They sue to collect on debts. So did you purchase a Dell PC on credit and not pay it off? Do you have a common name?

Your "I did buy a computer but I would remember not paying on it" isn't exactly awe inspiring.

[takeahike]

Yes, I did buy a Dell computer, but I don't remember exactly when it was. I actually think it was in 2001 sometime because I remember where I was living when it was delivered -- and it wasn't at my current address, which I have been living at since October 2001. So it had to have been prior to then. As I said though, I don't have the receipt any longer. I have a relatively common name, though not so common as Jane Smith, for example. There are other oddities on my CR that I don't recognize. I am writing the CRAs on all of those, but this is one is of a more urgent matter since WWR is trying to collect on it.

[June]

I have a relatively common name, though not so common as Jane Smith, for example.

That explains their "fishing expedition." They do not have any Social Security Numbers and could not come up with the perfect match from the CRAs. They tend to fish more with common names, and attempt to collect from the alleged debtor, who takes their bait.

(There are at least 2 other people within my State with my not so common name. Once I had trouble transferring my Drivers' License because they said I had another license, in another city in FL, which I had never lived. It took them 5 days and 3 visits to issue my license).

Anyway, from what you say, this account is NOT yours.

Hope they find the real "Takeahike" and leave you alone.

[elyse449]

Yes, I did buy a Dell computer, but I don't remember exactly when it was. I actually think it was in 2001 sometime because I remember where I was living when it was delivered -- and it wasn't at my current address, which I have been living at since October 2001. So it had to have been prior to then. As I said though, I don't have the receipt any longer. I have a relatively common name, though not so common as Jane Smith, for example. There are other oddities on my CR that I don't recognize. I am writing the CRAs on all of those, but this is one is of a more urgent matter since WWR is trying to collect on it.

My personal thought is you need to request validatin of this debt. Specifically, you need to request a billing statement wherein you agreed to the terms. Be honest, explain that you feel this is not your debt but that you need further validation. See what they send you. In fact, if it were me-I'd write DELL first. See what happens. Than again, if they've got a -0- balance/write off showing it's possible WW&R bought it thus Dell wouldn't be able to help you even if they wanted to. Either way, it sounds like the TL is WRONG. Is the BK showing under "public information?" IF so, what date does it give?

Elyse

[takeahike]

My personal thought is you need to request validatin of this debt. Specifically, you need to request a billing statement wherein you agreed to the terms. Be honest, explain that you feel this is not your debt but that you need further validation. See what they send you. In fact, if it were me-I'd write DELL first. See what happens. Than again, if they've got a -0- balance/write off showing it's possible WW&R bought it thus Dell wouldn't be able to help you even if they wanted to. Either way, it sounds like the TL is WRONG. Is the BK showing under "public information?" IF so, what date does it give?

Elyse

The BK is reported correctly under Public Records as of 1998.

I plan to still write to CRAs to verify, explaining situation, and I will definitely request validation from WWR b/c I don't want them filing suit thinking I'm not acknowledging them at all and therefore admitting to this. I agree with your afterthought that since Dell shows it as a $0 bal and as a charge off that I will not contact them at this point. I'll see what happens with CRAs and WWR.

Hope they find the real "Takeahike" and leave you alone.

Me too -- for my sake and theirs! They haven't seen me mad. (The Crap 1 win only fueled my Attitude!)

[June]

Takeahike, with your Attitude, I know that you know what to do.

After more consideration, my position is now:

To explain UPFRONT that you KNOW that this is not your debt. Including but not limited to the following information:

1) I am writing this letter to you in an effort for your offices to locate the true debtor.

2) I have never had an account with Dell PC.

3) If someone has opened an account in my name, please tell your client to close it immediately before further harm is done.

4) If there is any paperwork that I need to sign to confirm that this account is not mine, please send me the required documents.

5) This is a written dispute of this account per the Fair Credit Reporting Act, the Fair Debt Collection Practices Act and the Fair Credit Billing Act. Please be aware that I am exercising all of my rights per these laws and all other applicable laws protecting me.

I am thinking with the l-o-n-g Dispute and DV Process, you may give the impression that the debt is yours or might be, but you want them to prove it. This debt is NOT yours and you want them to go away rather quickly.

You don't need their aggravation !!!

Just a thought!

[takeahike]

Takeahike, with your Attitude, I know that you know what to do.

After all the reading I've done on CIC, I'm definitely gettin' the hang of it!

After more consideration, my position is now:

To explain UPFRONT that you KNOW that this is not your debt. Including but not limited to the following information:

1) I am writing this letter to you in an effort for your offices to locate the true debtor.

2) I have never had an account with Dell PC.

3) If someone has opened an account in my name, please tell your client to close it immediately before further harm is done.

4) If there is any paperwork that I need to sign to confirm that this account is not mine, please send me the required documents.

5) This is a written dispute of this account per the Fair Credit Reporting Act, the Fair Debt Collection Practices Act and the Fair Credit Billing Act. Please be aware that I am exercising all of my rights per these laws and all other applicable laws protecting me.

I am thinking with the l-o-n-g Dispute and DV Process, you may give the impression that the debt is yours or might be, but you want them to prove it. This debt is NOT yours and you want them to go away rather quickly.

Well, poo. Wish I'd read this earlier... BEFORE my DV letter hit the mailbox! Ah, well... I'll see what happens. You are right, though, I don't need all this hassle, but I'll fight it for as long as necessary!

I appreciate all of your suggestions. THANKS!!

[June]

After all the reading I've done on CIC, I'm definitely gettin' the hang of it!

Well, poo. Wish I'd read this earlier... BEFORE my DV letter hit the mailbox! Ah, well... I'll see what happens. You are right, though, I don't need all this hassle, but I'll fight it for as long as necessary!

Yeah, continue to fight with an Attitude. You go TAKEAHIKE !

I appreciate all of your suggestions. THANKS!!

Thank you for sharing. I've learned a lot from the messages posted.

Thanks to Elyse449, after reading her post I changed my position:

Be honest, explain that you feel this is not your debt but that you need further validation.

The word feel had hit like a ton of bricks. I said, wait a second, "Takeahike knows not feel..."

Sorry, I was too late for you. But maybe this Thread may help someone in the future.