Cavalry Portfolio Services, Cavalry Investments, McCarthy Consultants, Arterberry Aaron Unauthorized ACH bank withdrawals, Fraudulent Business Practices Ripoff Hawthorne New York

I thought about the suggestion to file criminal charges, the only problem with that is that I have four different locations in four different states. Also, I have already filed complaints with my state's Attorney General and with the Federal Trade Commission.

I never recieved a call yesterday, as I was told I would, after I faxed over the letter posted above. It took them till today with 3 calls to give me an update that they had, in fact, recieved the fax.

So, I am talking to this rep., Anthony, and he tells me he will get the accounting dept. to push the check out today. The he leads into, "So, originally you wanted to do ACH payments for this debt right?"... NO, I DIDN'T!!!! But that didn't matter, they did it anyway (FDCPA violation and probably qualifies as interstate wire fraud as well). Next, "So how would you like to handle the debt?"

Me: "Well, I have absolutely no faith in your company at this point, so lets get to the point where I recieve the check, then we'll talk"
Anthony (CPS): "We still need to resolve the debt..."

Me: "Would you do business with your company if they just stole $696.00 from you and then gave you the run around for 2 days about it?"

Anthony: "I'll get accounting on issuing that check right away"

No kidding, you think?!? Anyone interested in doing a little jail time? I don't care that it was accidental. If you accidentally shoot and kill someone, you STILL GO TO JAIL!!! It's still a crime, same logic applies. Theft is theft, period. If you return the funds, you are returning stolen property! Not doing me a favor by 'Getting accounting on [it]'.

Once I recieve the funds, if I recieve, them I will update this report with that and my disposition regarding legal action against Cavalry Portfolio Services.

Jon,

If you never signed any agreement for them to withdraw funds from your account, they just engaged in 3 felonies! File a police report and also a theft report with your bank. You funds are FDIC insured.

Go to FTC.gov and file a complaint online against them, and also the District Attorney's office in the town they are in to also file a larceny complaint there.

This is a classic case of why you never pay any debt collector, and never give them any personal information. Never even speak to them on the phone! Tyhe only thing you need to respond to is a summons, but that is very rare.

Good luck!

After finally reaching someone within Cavalry who actually responds to calls during when they say they will. I was informed that Cavalry's legal department believes they have the right to require a letter in writing, from me, requesting a refund for the funds they removed from my account w/o authorization (in violation of FDCPA).

Ok, I'll play along, here is the letter I drafted and faxed to them:



August 23, 2006

In regards to: FDCPA Violation - Your reference number

Cavalry Portfolio Services
P.O. Box 1030
Hawthorne, NY 10532
Fax: (914) 347-1973

Attention: Anthony

To Whom It May Concern:

Subject: Refund for unauthorized ACH withdrawals from my checking account

On May 18th, 2006 I initiated a good faith attempt to establish a payment arrangement with Cavalry for a debt roughly totaling 9,500.00 dollars (a debt, which I might add, is a 5 year old charge-off in a 4 year statue of limitations state, as I am a Florida resident). I made an initial payment of 232.00 dollars via check by phone and was told that I would receive paperwork to sign and return and a payment schedule. I was also asked if I wished to make automatic payments from my checking account, which I declined.

To date I have never received any paperwork regarding the agreement and have signed nothing authorizing any payment to Cavalry. Upon review of my online bank statements, I became aware of Cavalry making unauthorized ACH withdrawals (a violation of FDCPA) in the amount of 232.00 dollars for the months of June, July and August; totaling $696.00. The effect of which was to place my account in an NSF state on several occasions.

I have made numerous calls to Cavalry in an attempt to recover these funds and have been met, for the most part, with excuses and empty promises of call back and resolution. This letter is a result of two days of telephone requests to Cavalry Portfolio Services to return the funds mentioned above. This is a final request to return the money that was, regardless of cause, illegally removed from my checking account.

Thank you,



cc: Office of the Attorney General
Tallahassee, Florida

FTC, Bureau of Consumer Protection
Washington, D.C.



I was told, by Anthony, that I would receive a confirmation call once the fax was received, which has not happened (faxed over 2 hours ago).

Incidentally the cc list is real, as I had already reported this situation; I want to make sure that both agencies have updated records of the progression of events.

I will continue to update this report until this is resolved.