Complaint Review: CAVALRY PORTFOLIO SERVICES

Robert, I just read your last updates and the part "A creditor has a responsibility to pursue payment in a TIMELY MANNER - not years afterwords. That's why the States have established a statute of limitations. Folks are not expected to keep records forever (although I do.) Further, to start paying on a time barred debt may actually hurt the debtor because the debt may now be reported on credit reports and appear as a "newer" debt. " -----You need to get your facts straight ! First of all there is 2 different statue of limitations. #1 Each state has a sol on how long we have to litigate. #2 is how long we can report to the credit reports (7 years from the charge off date) THERE IS NO STATUE OF LIMITATIONS ON HOW LONG WE HAVE TO COLLECT ON A DEBT! We call accounts that are 10 years old if that tells you anything. Just because it is not on your credit, does not mean its not a valid debt. As far as making a payment after the 7 years is up and the account has been removed from the credit report. We can NOT put it back on there as a new entry. What happens is the STATE sol for litigation starts over again, and if we file for litigation and obtain a judgment then that can be entered on your credit report. Robert it seems to me you are to busy learning how to be a professional debtor. If your going to do so YOU need some training yourself. So get your facts straight before you start trying to put others down and why do you keep attacking the collectors on here. LOL your not even giving the consumer advice, your just trying to make the collectors look like they don't know their job. BITTER much! Also you cant just go by the FDCPA, their are company policy's as well, and state laws we have to abide by. Next time you rebuttal why don't you help out the consumer instead of attacking collectors to try and make yourself feel smarter, or better about your failures/problems.

Ok I'm not afraid to admit when I'm wrong. When sending a cease and desist letter it does not prevent mail from going out. We can still send offer letters. We just can call anymore. BUT I WAS STILL RIGHT, when it comes to cavalry's policy! When you request not to be sent mail either, cavalry policy is we will take out the address. Robert, we were both right and im not to proud to admit that. But trying to put me down for my profession makes me feel sorry for you and I hope you get out of debt soon.

Look all you need to do is send a cease and desist letter requesting no further contact by phone or via mail. The FDCPA does require you to send this in writing and the only communication that cant be sent there after is a letter stating communication is going to be ceased. For you ROBERT, lol spoken like a true debtor! I have been in this industry for almost 5 years now and I can assure you I know my Job, but I don't have to prove that to you, and nothing in the advice I gave the consumer was incorrect. The reason people collectors come on here and post, is because it is amazing to see what baloney people will put on here, and it's people like you that make a legit company look bad. Thank you robert for making my day!

""but to give advice on how to get away with not paying a debt that IS yours is unconscionable and wrong. ""

I don't tell folks how to avoid paying a valid debt that is NOT TIME BARRED. There is a REASON for a statute of limitations.

""People say go to Hibbs or go to some other consumer advocate website.""

Not me.

""If it's your debt then pay""

NOT IF IT'S TIME BARRED. A creditor has a responsibility to pursue payment in a TIMELY MANNER - not years afterwards. That's why the States have established a statute of limitations. Folks are not expected to keep records forever (although I do.) Further, to start paying on a time barred debt may actually hurt the debtor because the debt may now be reported on credit reports and appear as a "newer" debt.

""it if its not your debt and you responded within the initial validation period then the burden of proof, by law, falls on the creditor. If they can't validate or dont respond then of course by law they have to stop their collection efforts.""

They also MUST report this failure to validate to the CRAs so that the trade line information is DELETED (per the FCRA) - IF they reported the delinquent trade line to the CRAs.

""Contrastly, If you didn't respond to the validation letter then the burden of proof is on you.""

ABSOLUTE RUBBISH! That is NOT what the FDCPA states and it is NOT the intent of the FDCPA. The burden of proof is ALWAYS on the creditor/debt collector.
FDCPA Section 809(c):

(c) The failure of a consumer to dispute the validity of a debt
under this section may not be construed by any court as an
admission of liability by the consumer

Further, a consumer may DISPUTE the debt AT ANY TIME (FCRA) and the creditor/debt collector has a specific requirement to report the debt to the CRAs (if the creditor/debt collector normally reports such consumer data to the CRAs) as disputed and if the information is determined to be not factual, to report to the CRAs to DELETE the trade line.

""Yeah you can send the C&D to them but that doesnt stop them from continuing to report derogatorily on your CBR which of course hurts more than anything. All the C&D does is stop phone calls. ""

True enough. But a request for validation or notification of dispute DOES require the debt collection efforts to cease until such time as the debt collector provides documentation to the debtor that validates the debt or demonstrates the disputed information is actually correct. Said documentation MUST BE MAILED to the consumer debtor.

""Educate yourselves on what the TRUE meaning of SOL's are.""

Take your own advice. Your education about SOL now begins:

""One is the FCRA and the other is for litigation.""

Incorrect. The FCRA does not establish ANY SOL. What the FCRA does is stipulate how long certain debt may remain on a credit report about a consumer debtor. For example, a money judgment may remain on a credit report for as long as the statute of limitations for the money judgment by the state of the court that granted the money judgment. Example: In NY State, the SOL for a money judgment is 20 years so an unpaid money judgment (issued by a NY State court) can be reported on a consumer credit report for 20 years.

""So when someone tells you that if its past the SOL then you dont have to pay, they are DEAD wrong. ""

No, they are not dead wrong. If a debt is beyond the SOL, this means that an expired SOL is an affirmative defense against any civil suit that is brought seeking judgment for said time barred debt. In other words, the creditor/debt collector cannot win a judgment for a time barred debt if the debtor envokes a time barred defense. The end result of such judicial process is that the debtor does not have to pay it.

""These are usually the ones that get the repeated calls that some courts may consider harassment if it ever went that far. If you get these calls and tell the rep that its the wrong # and to stop calling, they will check the history of the phone number called and if there has been RPC contact in the past they will consider you are the right party and leave the # for another 2 or 5 or 10 calls that day.""

GREAT! Wide open door for a civil suit for violating the FDCPA and for deliberate harassment. If the consumer is in NY, this opens the door for criminal prosecution as well under Article 29H of the NY State General Business Law (each INSTANCE is a separate misdemeanor.)

""If there are no records they SHOULD consider your request to be genuine and CAN have the # stopped at that moment so no further calls happen but usually wont because they would have to get their manager involved and the managers dont wanna have to deal with that.""

In the case of a "wrong number" or what I refer to as "sloppy skip tracing" I always recommend sending a certified return receipt requested letter to the debt collector that clearly indicates that person the collector is searching for does not live at that address/phone number, is unknown to the people who do live at that adress/phone number, and that any further telephone calls will be considered deliberate acts of harassment. This sets the stage for harassment prosecution as well as for a civil suit if the debt collector is fool enough to continue calling after receiving the letter. In every case that I've been envolved with, after receipt of such a letter the telephone calls stop. In some cases an apology was mailed to the harassed parties. (I've been voluntarily helping folks with credit issues for almost 30 years.)

""Anyhow, good luck to those that have true, legit complaints and becareful who you take advice from.""

I agree completely.

""but to give advice on how to get away with not paying a debt that IS yours is unconscionable and wrong. ""

I don't tell folks how to avoid paying a valid debt that is NOT TIME BARRED. There is a REASON for a statute of limitations.

""People say go to Hibbs or go to some other consumer advocate website.""

Not me.

""If it's your debt then pay""

NOT IF IT'S TIME BARRED. A creditor has a responsibility to pursue payment in a TIMELY MANNER - not years afterwards. That's why the States have established a statute of limitations. Folks are not expected to keep records forever (although I do.) Further, to start paying on a time barred debt may actually hurt the debtor because the debt may now be reported on credit reports and appear as a "newer" debt.

""it if its not your debt and you responded within the initial validation period then the burden of proof, by law, falls on the creditor. If they can't validate or dont respond then of course by law they have to stop their collection efforts.""

They also MUST report this failure to validate to the CRAs so that the trade line information is DELETED (per the FCRA) - IF they reported the delinquent trade line to the CRAs.

""Contrastly, If you didn't respond to the validation letter then the burden of proof is on you.""

ABSOLUTE RUBBISH! That is NOT what the FDCPA states and it is NOT the intent of the FDCPA. The burden of proof is ALWAYS on the creditor/debt collector.
FDCPA Section 809(c):

(c) The failure of a consumer to dispute the validity of a debt
under this section may not be construed by any court as an
admission of liability by the consumer

Further, a consumer may DISPUTE the debt AT ANY TIME (FCRA) and the creditor/debt collector has a specific requirement to report the debt to the CRAs (if the creditor/debt collector normally reports such consumer data to the CRAs) as disputed and if the information is determined to be not factual, to report to the CRAs to DELETE the trade line.

""Yeah you can send the C&D to them but that doesnt stop them from continuing to report derogatorily on your CBR which of course hurts more than anything. All the C&D does is stop phone calls. ""

True enough. But a request for validation or notification of dispute DOES require the debt collection efforts to cease until such time as the debt collector provides documentation to the debtor that validates the debt or demonstrates the disputed information is actually correct. Said documentation MUST BE MAILED to the consumer debtor.

""Educate yourselves on what the TRUE meaning of SOL's are.""

Take your own advice. Your education about SOL now begins:

""One is the FCRA and the other is for litigation.""

Incorrect. The FCRA does not establish ANY SOL. What the FCRA does is stipulate how long certain debt may remain on a credit report about a consumer debtor. For example, a money judgment may remain on a credit report for as long as the statute of limitations for the money judgment by the state of the court that granted the money judgment. Example: In NY State, the SOL for a money judgment is 20 years so an unpaid money judgment (issued by a NY State court) can be reported on a consumer credit report for 20 years.

""So when someone tells you that if its past the SOL then you dont have to pay, they are DEAD wrong. ""

No, they are not dead wrong. If a debt is beyond the SOL, this means that an expired SOL is an affirmative defense against any civil suit that is brought seeking judgment for said time barred debt. In other words, the creditor/debt collector cannot win a judgment for a time barred debt if the debtor envokes a time barred defense. The end result of such judicial process is that the debtor does not have to pay it.

""These are usually the ones that get the repeated calls that some courts may consider harassment if it ever went that far. If you get these calls and tell the rep that its the wrong # and to stop calling, they will check the history of the phone number called and if there has been RPC contact in the past they will consider you are the right party and leave the # for another 2 or 5 or 10 calls that day.""

GREAT! Wide open door for a civil suit for violating the FDCPA and for deliberate harassment. If the consumer is in NY, this opens the door for criminal prosecution as well under Article 29H of the NY State General Business Law (each INSTANCE is a separate misdemeanor.)

""If there are no records they SHOULD consider your request to be genuine and CAN have the # stopped at that moment so no further calls happen but usually wont because they would have to get their manager involved and the managers dont wanna have to deal with that.""

In the case of a "wrong number" or what I refer to as "sloppy skip tracing" I always recommend sending a certified return receipt requested letter to the debt collector that clearly indicates that person the collector is searching for does not live at that address/phone number, is unknown to the people who do live at that adress/phone number, and that any further telephone calls will be considered deliberate acts of harassment. This sets the stage for harassment prosecution as well as for a civil suit if the debt collector is fool enough to continue calling after receiving the letter. In every case that I've been envolved with, after receipt of such a letter the telephone calls stop. In some cases an apology was mailed to the harassed parties. (I've been voluntarily helping folks with credit issues for almost 30 years.)

""Anyhow, good luck to those that have true, legit complaints and becareful who you take advice from.""

I agree completely.

I am an ex-employee of this company. Not a disgruntled one just an ex-employee. I know 1st hand how a lot of things they do are in the GRAY area and possibly crossing the line like multiple calls daily (considered harassment under FDCPA), but to give advice on how to get away with not paying a debt that IS yours is unconscionable and wrong.

People say go to Hibbs or go to some other consumer advocate website. They ask what the statue of Limitations is, did the company validate the debt etc... If it's your debt then pay it if its not your debt and you responded within the initial validation period then the burden of proof, by law, falls on the creditor. If they can't validate or dont respond then of course by law they have to stop their collection efforts.

Contrastly, If you didn't respond to the validation letter then the burden of proof is on you. Yeah you can send the C&D to them but that doesnt stop them from continuing to report derogatorily on your CBR which of course hurts more than anything. All the C&D does is stop phone calls.

At some time in most peoples lives they will need their credit for something and this will end up biting them in the 'ol Keister. Debt doesn't dissapear or go away even after that "7 year" period. Educate yourselves on what the TRUE meaning of SOL's are. One is the FCRA and the other is for litigation. So when someone tells you that if its past the SOL then you dont have to pay, they are DEAD wrong.

As for Cavalry, they have "front end" departments (manual collectors) and dialer teams. The dialer teams are spinning the same group of accounts daily, normally Telecomm accounts. These are usually the ones that get the repeated calls that some courts may consider harassment if it ever went that far. If you get these calls and tell the rep that its the wrong # and to stop calling, they will check the history of the phone number called and if there has been RPC contact in the past they will consider you are the right party and leave the # for another 2 or 5 or 10 calls that day. If there are no records they SHOULD consider your request to be genuine and CAN have the # stopped at that moment so no further calls happen but usually wont because they would have to get their manager involved and the managers dont wanna have to deal with that. The company wants the managers to be on EVERY RPC to get $ cuz most of the collectors CANT get it. Kinda like a hard core closer i guess.

Anyhow, good luck to those that have true, legit complaints and becareful who you take advice from.

GET OFF THE d**n PHONE!

1st GO TO www.budhibbs.com and learn about the basics of dealing with collectors
This is a consumer advocate website that specializes in collections and they list this collector as one of the WORST in the US.
Collection agencies do not want you to know about this site because it exposes all the nasty illegal tricks they use to scam you out of money you do not owe.

You can SUE THE COLLECTION AGENCY FOR VIOLATING FDCPA LAW.

LEARN about Statute of Limitation laws in your state LEARN ABOUT YOUR STATE's laws in regards to recording calls with Collection agents.

forget talking to them on the phone - they do not listen AND THEY LIE.

you have to do everything in writing - certified mail - return receipt.

Send them a debt validation letter and the cease communications letter and they are required by law to stop calling you. They can only communicate in writing.

The employee who posted the rebuttal needs "FDCPA compliance" refresher training.

""It is against the FDCPA (fair debt collection practices act) to contact you ever again upon recieving the cease and desist order. Look up the FDCPA online and know your rights!""

YOU need to look it up and READ the FDCPA employee. IF you don't understand any portion of the FDCPA ask questions at work or post a question here.

The FDCPA does not forbid further contact after a debt collector receives a written cease communications request. In fact, the FDCPA outlines EXACTLY what FURTHER communication is allowed after receiving such a request.

Go read the FDCPA. Pay special attention to section 805(c) CEASING COMMUNICATIONS. This section specifies 3 exceptions whereas further communication is allowed.

Let my know what part of "except..." you don't understand.

The employee who posted the rebuttal needs "FDCPA compliance" refresher training.

""It is against the FDCPA (fair debt collection practices act) to contact you ever again upon recieving the cease and desist order. Look up the FDCPA online and know your rights!""

YOU need to look it up and READ the FDCPA employee. IF you don't understand any portion of the FDCPA ask questions at work or post a question here.

The FDCPA does not forbid further contact after a debt collector receives a written cease communications request. In fact, the FDCPA outlines EXACTLY what FURTHER communication is allowed after receiving such a request.

Go read the FDCPA. Pay special attention to section 805(c) CEASING COMMUNICATIONS. This section specifies 3 exceptions whereas further communication is allowed.

Let my know what part of "except..." you don't understand.

If you want the calls to stop write a cease and desist letter and Indicate any and all numbers you do not want to be called. If you do not want any type of communication (Including by mail) tell them to cease and desist all communication Including by mail. I will say that I do find it very hard to believe that someone is calling you everyday about this. Not to mention from 8am-8pm. That is not how cavalry operates and how our system works. Most collectors have an average of about 1200 accounts in their file if their in the manual dept. So you can Imagine after speaking w/someone on one acct it could be as long as a month from that date tell they call that same account again unless they have an arrangement in place or a deal working w/the customer. Not saying that its impossible for you to have someone harrasing you. If it's the same person calling you then you need to get their name (make sure it is the right (same) person though and not some innocent bistander) and ask to speak w/their manager and tell them the problem and inform them that the rep is calling you everyday and harrasing you for a debt that's not yours! If the debt is infact not yours and they are calling you everyday. The manager should/can pull a call log to see how often they dial your number. Now if your account is being ran on a dialer you might recieve a call every other day and each call could be a differant person. If that's the case, all I can suggest is to send a cease and desist letter and request no further contact. It is against the FDCPA (fair debt collection practices act) to contact you ever again upon recieving the cease and desist order. Look up the FDCPA online and know your rights! I am sorry for the way you have been treated and I can assure you that the company does not want a representative at their company practicing that type of collections.


Good Luck!