On February 8,2008 I recieved a call from Candra Smith from Cavalry Portfolio Services regarding a Sprint bill. She tried to tell me that the bill was $600+ but she would offer me a settlement of $325. Kowing that I could owe the bill I figured the $325 could possibly be the past due balance + buy out fees. She and I agreed that I would pay $20 bi/weekly. Well theiving Candy took $25. Now $5 isn't going to make or break me but it was the principal and proof that she couldn't be trusted. When I called her about it she at first claimed that she couldnt set up a payment schedule for less that $25 however she reiterated everything we agreed upon and even gave me information to write on my cancel check. After she knew that i really had written everything she told me she tried to convince me we agreed to the $25. Well I canceld our agreement and she had the nerve to tell me I now had to pay the $600+. I told her to send me that in writing and she did. Well below is a letter that I wrote to the president of cavalry and all other parties of interest. I also called Sprint to get the real amount. Don't let these collection agencies bully you, know your rights because often times they don't have a leg to stand on. I hope this can help somebody.
Dear Mr. Zaro;
This letter is being sent to you in response to a notice sent to me dated February 12, 2008, copy enclosed. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and corrections of information to both your records and the credit reporting agencies are needed immediately.
On February 8, 2008 I received a call from Candra "Candy" Smith regarding a past due balance that I owe to Sprint. She advised me that the balance due was $613.98 (an absolutely incorrect and outrageous amount) but she would offer me a settlement of $325.63. Because I figured that her settlement amount was closer to what I actually owe I agreed to make payments of $20.00 bi/weekly until the balance was paid in full. As an act of good faith I gave her a check by phone, which was to be my first payment per our agreement. However, Ms. Smith took it upon herself to take $25.00. When I talked to Ms. Smith about the additional $5.00 she at first claimed that she could not set up payments for a lesser amount than $25.00 and after reminding her of our conversation she had the audacity to try to convince me that I agreed to pay what she took out. Enclosed is a copy of the voided check which has all of the information SHE told me to write on it, no eraser marks, as well as a copy of the check that she increased. What she did was nothing short of stealing, a breech of our agreement and a display of a lack of integrity, so of course, I canceled our agreement. At that point she advised me that the settlement amount was also canceled and that I would now need to pay the full $613.98. I contacted Sprint who advised me that the balance of $339.63, from 2002, was written off and sold to your company. According to the New York State Office of the Attorney General, it is unlawful for a debt collection agency to deceive consumers by misrepresenting the amount of the debt, threatening to collect a fee over and above the debt owed or to collect an amount greater than what is owed. Therefore your company is breaking the law and I am hereby putting you on notice that I am notifying the New York State Attorney Generals Office, The Federal Trade Commission and the Better Business Bureau.
I will also at this time inform you that your offices have reported invalid information to the 3 major credit Bureaus (Equifax, Experion and TransUnion) and by doing so you are in violation of the Fair Credit Reporting Act by reporting inaccurate information. This action, as well, constitutes fraud under both Federal and State Laws
Now, I would like to reiterate that that this is not a refusal to pay but a demand that we deal with this debt fairly and honestly. The amount of $339.63 has met the six year statute of limitation so as an attempt to settle this issue I am offering to pay you $150.00 minus the $25.00 paid on February 8, 2008, to clear this debt in full immediately. If you accept this agreement I will expect you to send me written correspondence stating that you accept my offer as payment in full, without recourse and once you have received the payment your office will notify the three major credit bureaus that the debt has been settled. Otherwise, I hereby REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE and that request includes: no further contact, either in writing or by telephone be made by your office to my home or to my place of employment. If your office does attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to me or by third parties, it will be considered harassment and I will have no choice but to file suit. In the meantime it would be advisable that you assure that your records are in order.
This is an attempt to settle a debt; any information obtained shall be used for that purpose.
buffalo, New York
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