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This is a letter to cavalry investments over a $63 gas card that was never paid (1/96). I paid it last month, but the OC didn't charge off the date for an entire calander year... therefore extending my reporting period. Since paying the debt last month, the collection agency has informed me that the reporting period has started over due to my payment... do you think this letter will have any impact?

First and foremost, I would just like you to know that I have reported your office to the Better Business Bureau and the Federal Trade Commission for your inadequate conduct and business practices. The FCRA states that negative information cannot stay on a consumer credit report for more than 7 years. Multiple representatives have spoken to me that my payment in full has ‘restarted a clock’ so to speak and that my 7 years of reporting starts all over again with a total of 14 years reporting time. Furthermore, your uneducated representatives proceeded to inform me that this ‘restarted clock’ is due to renewal of my State’s (Michigan) Statute of Limitations. This is interesting because the 7-year reporting period has nothing to do with the 6 year Statute of Limitations, here in Michigan. Why does the S.O.L. matter if the debt has been paid, correct? What would the purpose of a lawsuit on Mobile’s behalf serve if the debt is paid?

Since I do not have any knowledge of this alleged debt, have not been contacted successfully by Mobile or Cavalry, and have only been previously concerned about my credit rating, I am now asking that you validate this debt. I am asking you to prove that I owe this debt to the original creditor. I am asking for a date that the account was opened, in addition to a contract bearing my signature obligating me to the creditor. Furthermore, I would also like to have proof that you even had any right to collect this debt on behalf of the creditor. If you cannot provide such validation, you need to remove your mark from my credit report immediately, because you will then be in violation of the FDCPA and FCRA by reporting this debt to credit bureaus. I am sure your legal staff would agree that it would be in the best interest of Cavalry Investments to handle this now, rather than later, in court. This can simply be avoided by removing the mark from my credit report, which is very much an option to you at this point.

Please do not respond with remarks similar to you not having control over what is reported on a consumer credit report. Agencies and creditors update and correct information all the time. At this point, Mobile is in violation of Federal Banking Laws by listing a charge off date 6-8 months later than they legally should have, extending the time that the account will appear on my credit report. Please respond to this request within 30 days to inform me of your intentions.

Think this will work? it's my best shot.

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Call their offices in New York and ask to speak to a Mr Gino Archer in Compliance. Get their New York office Fax number and fax a copy of all your info against them and your proof. Tell them this is your intent to sue letter and you WILL be filing suit within 15 days if the matter is not resolved.

Make the letter MUCH MUCH MORE SERIOUS. Tell them they are already in violation of the FDCPA for not sending you a Dunning letter or allowing you to dispute the debt before placing it on your credit report and you want the matter taken care of immediately or you will go file suit. ALso make sure they know that you are well within your rights to sue them for FCRA violations as they are considered a furnisher of information.

If your letter is not threatening they will not take you seriously.

I dealt with Cavalry.. they would rather have you off their backs. trust me

[Edit by Sakiawarner on Monday, May 19, 2003 @ 04:23 PM]

[Edit by Sakiawarner on Monday, May 19, 2003 @ 04:24 PM]

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<blockquote>Originally posted by Sakiawarner

Make the letter MUCH MUCH MORE SERIOUS. Tell them they are already in violation of the FDCPA for not sending you a Dunning letter or allowing you to dispute the debt before placing it on your credit report and you want the matter taken care of immediately or you will go file suit

</blockquote>

They don't have to inform you before placing it on your reports, she is currently within the 30 day dispute process with the CRA and has not asked Calvary for validation- there's no FCRA nor FDCPA violation.

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Ok.. thats a given my mistake BUT we are average Joes out here doing legal stuff that some lawyers STILL cant get right.

If a mistake is made it can always be fixed. The point I was trying to make was.> Calvary dont and wont pay attention until you slam them or threaten the crap out of them.

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<blockquote>Originally posted by Sakiawarner

If a mistake is made it can always be fixed. The point I was trying to make was.> Calvary dont and wont pay attention until you slam them or threaten the crap out of them.

</blockquote>

I agree that Calvary is super hard, but I don't want the OP to think it's a violation and quote it as such to the CA if it's really not a violation

;) Know what I mean, jellybean?!

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speaking of this whole situation. i posted a thread in another place about this but i just wanted to say that the original creditor sent me a letter (i got it today) saying they sent in request to the big dogs ex/eq/tu requesting all derog history be removed!!! So I have it. Also there is only a few days left on my CRA disputes for both cavalry and the oc, and neither have responded (probably because they CRA's have their wrong addresses...) BUT i guess if the CRA's don't delete cavalry (because one of them may have the correct address) how would i go about getting cavalry deleted??? [THIS WAS THE WHOLE BIG DEAL ABOUT CHARGE OFF DATE] i called the oc and said they broke federal banking laws and so they sent the requests but calavry is a whole other pot of poop.

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