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Report: #225689

Complaint Review: Cavalry Portfolio Services - Hawthorne New York

  • Submitted:
  • Updated:
  • Reported By: Cape May New Jersey
  • Author Confirmed What's this?
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  • Cavalry Portfolio Services 7 Skyline Drive Hawthorne, New York U.S.A.

Cavalry Portfolio Services A company trying to collect $7,000 from me for a repo car. Car was a 1998 Neon with 100,000 miles ripoff Hawthorne New York

*Consumer Suggestion: Do You Work For Calvary?

*UPDATE Employee: Good Explanation/Bad Advice

*Consumer Suggestion: Karen, totally separate issues here. Not relevant.

*Consumer Suggestion: What has happened.

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In 2000 I purchased a 1998 Neon. Made payments to Americredit monthly.

In 2003, my daughter, my only child, passed away at the age of 20, due to an error during open-heart surgery. Had to obviously be out of work for some period of time and when Americredit contacted me about my monthly payment, I did explain what had happened. They were not understanding and came and took the car.

At that time, the car was five years old with 100,000 miles on it. I was willing to resume payments when I returned to work and being that my only child died, I was out for about a month.

It was not a refussal to pay my monthly payments. I was asking for a grace period, but the car was reposessed.

Now it is 2006, Americredit took the car over 3 years ago and I received a letter from Calvary Portfolio Services, saying that I owe $7,166.67 for the car that was taken from me due to the worst circumstances a parent can go through.

With the car taken back, and it was a 1998 Neon with 100,000 Miles on it, what am I being asked to pay $7,166.67 for? The car is not being returned upon payment and definitely this car is not worth the sum of $7,166.67.

It has been 3 years since my daughter died and I am still very sick from that, being she died to a medical error and nothing happened to the physician doing surgery. My daughters' funeral was over $10,000 and that does not include medical bills, etc. I have no money in my bank account.

This company even sent me a paper of companies that can refinance my morgage so I can pay for this car that I do not have. And I do not own a home. I rent a condo for $750.00 per month, as that is what I can afford.

I do not owe this money on an almost 10 year old car that I do not even have any longer.

Karen
Cape May, New Jersey
U.S.A.

This report was posted on Ripoff Report on 12/15/2006 11:04 PM and is a permanent record located here: https://www.ripoffreport.com/reports/cavalry-portfolio-services/hawthorne-new-york-10532/cavalry-portfolio-services-a-company-trying-to-collect-7000-from-me-for-a-repo-car-car-225689. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
4Consumer
0Employee/Owner

#4 Consumer Suggestion

Do You Work For Calvary?

AUTHOR: S.n. - (U.S.A.)

POSTED: Tuesday, May 22, 2007

If so, you need to do a search of all of the complaints on this site (not to mention all of the other sites) dealing with bottom feeder debt collectors. Calvary is one of the worst. I'll bet they can come up with a bill of sale all right...even a nice forged one. The point is, you don't seem to be paying attention, this person can't pay what Calvary is demanding even if the money is owed legally to Calvary (which I highly doubt). I agree with Steve. He didn't give bad advice.

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#3 UPDATE Employee

Good Explanation/Bad Advice

AUTHOR: Michael - (U.S.A.)

POSTED: Monday, May 21, 2007

In the first response I will simply add that when the vehicle, which was sold at auction...was not sold retail, but rather wholesale. Who goes to the auctions? Dealers and anyone else liscensed to go in.

In regards to the advice in the 2nd response...

1. When Cavalry Portfolio Services buys a portfolio of debt, trust me, a bill of sale can be produced if necessary. But who are we kidding here, if you're certain that you were the person there that day signing the contract, then why would you not realize that you owe the debt?

2. Cavalry Portfolio Services is liscenced in all of the 50 states that require it to be liscened in. That is just a stall tactic to try and get out of paying a debt. You can find out that information first hand by contacting your local state government.

3. In regards to staying off of the phone. There are two things I will mention in regards to this comment.

First, If you stay off the phone, then you will never have an opportunity to work out payment arrangements and you are putting yourself at a higher risk for lawsuit if the account is in statute.

Secondly, Sure there are some nimrod collectors out there, but there are some good ones too. I have received countless letters etc. from customers who have been helped.

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#2 Consumer Suggestion

Karen, totally separate issues here. Not relevant.

AUTHOR: Steve - (U.S.A.)

POSTED: Sunday, December 17, 2006

Karen,

The things that happen in your personal life, although tragic, are not at all relevant to the issue at hand. Business id business. Big business has no obligation to take into account your personal life issues.

And, the value of the car, or the number of miles on it, etc, also is irrelevant.

The only relevant factors here are that you had a contract for the financing of a car, and you did not make the required payments. The car was repo'd and sold at auction. The auction did not bring the amount owed plus costs. That leaves a deficiency amount that can be legally collected.

Now, a JUNK DEBT BUYER purchased that contract. They have nothing to do with your prior lender, who by the way was a high risk lender.

Now, you will have to respond to this JUNK DEBT BUYER/Collection Agency. DO NOT refernece the original debt, or give them any personal, financial, employment information.

Again, stick to the issue at hand. Clearly dispute the debt and demand that they show you a contract that shows you owe THEM the money, as well as a complete account history and itemization of charges. Also demand proof that they have the legal right to collect on the said debt, and proof that they are licensed as required to do debt collections in your state.

This is called a DEBT VALIDATION request, and should be sent by certified mail, return reciept requested. put the certified# on the letter itself, and keep a copy for your records. This is very important.

And, STAY OFF THE PHONE!!! There is never a reason to speak with ANY debt collector on the phone. It will NEVER do anything positive for you and will always make things worse.

Good luck.

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#1 Consumer Suggestion

What has happened.

AUTHOR: Michael - (U.S.A.)

POSTED: Saturday, December 16, 2006

Before I say anything, I'm very sorry to hear about what happened to your daughter. As a father, I cannot imagine how I could handle what you have gone through.

That said, let me explain what happened when your car was reposessed. At the time of your reposession you owed a certain amount of money on the 1998 Neon. I'm going to make up some figures here, so obviously the numbers I'm talking about don't mean anything, but the explanation will tell you what's happened.

At the time of your reposession lets say you owed $11,166.67. You car was reposessed by the lender and sold at auction for, say, $4000.00. The $4000.00 was subtracted from the amount you owed at the time, and the balance left was $7,166.67. The amount they're trying to collect represents the amount still unpaid on your contract, commonly referred to as a 'deficiency balance'.

That's a very basic explanation however- what they're really trying to collect is the balance left over after the sale of your car, plus the auction fees, reposession fees, and any storage fees, as well as any collection costs.

Unfortunately regardless of circumstances, your contract is set in stone and this isn't a matter of 'if' you owe this, but rather 'that' you owe it. You should be able to negotiate the amount down to something more managable, though. There are a lot of options for you at this point as far as how you can deal with this issue, but basically they're going to continue trying to collect this money from you until you do find some kind of resolution.

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