• Report: #374071

Complaint Review: Cavalry Portfolio Services LLC

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  • Submitted: Thu, September 18, 2008
  • Updated: Thu, September 25, 2008

  • Reported By:Crossroads Texas
Cavalry Portfolio Services LLC
7 Skyline Dr 3rd Floor Hawthorne, New York U.S.A.

Cavalry Portfolio Services LLC Erroneous and Illegal Debt Collector Hawthorne New York

*Consumer Suggestion: Misconceptions.

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Back in 10/2005 Ford Motor company charged off a debt that was dated 10/2002. In March of 2008 Cavalry purchased this debt. Although it is legal to purchase a charged off debt, it is illegal the way this company did it.

First they changed the date of the debt from the original date 10/2002 to their own date of 3/2008. This was to probably keep the debt on my credit as in 10/2008 (next month), this debt would have fallen off completely from my credit. Last year, and even two years ago when i purchased my home, this debt was not on my credit. it suddenly has aroused its head on my credit again, and now with a new debt date (illegal). also they did not inform me of this transaction taking place (illegal), also i never gave permission, or signed anything for them to do this transaction (illegal).

i called the company in May of 2008 to complain, and they were talking with me until i brought up two words FDCA and illegal, once i did this they hung up on me. the person i spoke with never identified her name, just "customer service department". then in July of 2008, they reopened the debt for collection, again by law in order to do this you (the consumer) has to either promise to pay, make a payment or set up a payment plan. none of this happened, again (illegal).

i have never had any contact with this company till September of 2008, they sent me a letter disputing my dispute of a fraud claim. they are asking for my personal info (ssn, and drivers license), i am not sending it to them, however i am sending their form back to them with lots of law lingo.

so from March of 2008 (when they say the go this debt), till September of 2008 disputing my dispute, i have never once received a call from them, a letter from them attempting to collect this debt, or a letter from them stating they acknowledge me as someone who owes them money.

this company is a scam artist, who just puts things on credit to ruin peoples lives, who only cares about themselves and their big wig (leaches) sitting in their big comfy oversized chairs sucking inncoent people dry of their money so that they can live one more day happily in he millions.

i have filed numerous complaints, with the BBB of New York, who did nothing, the OAG of New York (havent heard back on that one), OAG of Texas, because that is where i live, and the FTC.

hope this gets resolved.

i noticed i am not the first one with a complaint against this company.

Kayla
Crossroads, Texas
U.S.A.

This report was posted on Ripoff Report on 09/18/2008 08:23 AM and is a permanent record located here: http://www.ripoffreport.com/r/Cavalry-Portfolio-Services-LLC/Hawthorne-New-York-10532/Cavalry-Portfolio-Services-LLC-Erroneous-and-Illegal-Debt-Collector-Hawthorne-New-York-374071. 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.

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REBUTTALS & REPLIES:
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Updates & Rebuttals

#1 Consumer Suggestion

Misconceptions.

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

""Back in 10/2005 Ford Motor company charged off a debt that was dated 10/2002. In March of 2008 Cavalry purchased this debt. Although it is legal to purchase a charged off debt, it is illegal the way this company did it.""

Perhaps. We shall see.

""First they changed the date of the debt from the original date 10/2002 to their own date of 3/2008.""

Re-aging the debt is illegal and a violation of the FCRA. The "date" of the debt should be the date of the charge off: 10/2005.

""this debt would have fallen off completely from my credit.""

Incorrect. Based on the charge off date, it would be expected to drop off your credit reports around 10/2012 (items stay on the credit reports 7 years, and in some cases 10 years.) Even if the original date (which is NOT used for credit report listing) was used, it would drop off around 10/2009. It should drop of after 10/2012. Also, the statute of limitations in Texas is 4 years, so based on the charge off date of 10/2005, they can successfully sue you for it if they file a suit before 10/2009 (which is NEXT year.)

"" Last year, and even two years ago when i purchased my home, this debt was not on my credit. it suddenly has aroused its head on my credit again, and now with a new debt date (illegal).""

Re-aging the debt is illegal and you can and should persue civil action against them for it.

""also they did not inform me of this transaction taking place (illegal),""

""Inform you of what; that the debt was sold? There is NO requirement for the consumer debtor to be notified when a debt is sold. This is under discussion at the FTC and hopefully Congress will enact legislation to require such a notification to the consumer.

"" also i never gave permission, or signed anything for them to do this transaction (illegal). ""

Permission for what? A creditor does NOT need specific permission to sell a debt, although many (if not all) credit contracts specifically DO MENTION the possibility that the debt may be sold. Check your loan paperwork very carefully.

""i called the company in May of 2008 to complain, and they were talking with me until i brought up two words FDCA and illegal, once i did this they hung up on me. the person i spoke with never identified her name, just 'customer service department'. then in July of 2008, they reopened the debt for collection, again by law in order to do this you (the consumer) has to either promise to pay, make a payment or set up a payment plan. none of this happened, again (illegal).""

Incorrect. They may attempt collections at their whim. IF you send a certified letter, return receipt requested to them demanding validation of the debt, THEN they must suspend all collection activity untill such time as they provide you with validation documents.

""i have never had any contact with this company till September of 2008, they sent me a letter disputing my dispute of a fraud claim. they are asking for my personal info (ssn, and drivers license), i am not sending it to them, however i am sending their form back to them with lots of law lingo. ""

So far, IMO, your "law lingo" isn't going to help you. OK, now the plot thickens. Did you send them a letter that DISPUTES this debt? There is a difference between disputing a debt and demanding validation of the debt. What type of letter did you send them? I normally recommend to folks that they do BOTH, dispute and demand validation.

""so from March of 2008 (when they say the go this debt), till September of 2008 disputing my dispute, i have never once received a call from them, a letter from them attempting to collect this debt, or a letter from them stating they acknowledge me as someone who owes them money. ""

IF they purchased the debt, you owe them the money. It seems likely to me that they will sue you for it. Also, you don't state what happened with Ford. Is it correct that this credit was for a vehicle and that the vehicle was repossessed?

""this company is a scam artist, who just puts things on credit to ruin peoples lives, who only cares about themselves and their big wig (leaches) sitting in their big comfy oversized chairs sucking inncoent people dry of their money so that they can live one more day happily in he millions.""

This may be so but, as I explained, based on the date of the charge off this item can remain on your credit reports until 10/2012. Further, the SOL is NOT EXPIRED so you may be sued in civil court to recover the money owed on the debt.
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