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Posted

I posted this on the "While You are In It Debt Validation Q&A" forum yesterday, but got no responses. I really want to send this letter out today.

Below is my first DV letter. Any comments would be welcome. My question is where to send it?

EQ lists them as Cavalry Investments, LLC, Hawthorne, NY

EX lists them as Cavalry Portfolio Services, Phoenix AZ

TU lists them as Cavalry Portfolio Svcs., Hawthorne, NY

They've made five(!) inquiries on my TU report in the last year, but have not attempted to contact me (as far as I know). (I'm leaning towards sending it to the TU name/adress, and including mention of their repeated inquiries.)

I'm in NY and the SOL runs out in early 2006. The amount owed is less than $1000, so I don't think they'll try and sue me, but I would be willing to do a pay-for-delete.

December 8, 2004

Re: Account # XXXXXX

To Whom It May Concern:

I recently obtained copies of my credit reports from the three major Credit Reporting Agencies (Equifax, Experian and TransUnion). This letter is being sent to you because you have reported derogatory information about me to these agencies. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act (FDCPA), 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested. I assume you are aware of this act and that I have the right to request validation of the debt you say I owe.

I am hereby requesting proof that I am indeed the party you are asking to pay this debt, and that there is some contractual obligation which is legally binding on me to pay this debt. This is not a request for “verification” or proof of my mailing address, but a request for validation made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have a legal obligation to you in this matter.

You should also be aware that reporting invalidated information to above-referenced Credit Reporting Agencies might constitute fraud under Federal and State Law. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for any and/or all of the following:

* Violation of the Fair Credit Reporting Act

* Violation of the Fair Debt Collection Practices Act

* Defamation of Character

* Negligent Enablement of Identity Fraud

Pending the outcome of my investigation of any evidence you submit, you are instructed to take no action that could be detrimental to any of my credit reports. Under the FDCPA, once a consumer attempts validation of an alleged debt, all collection activity must cease and desist. This includes listing an account with a credit reporting repository that is inaccurate and invalidated or verifying an account as accurate when there is no provided proof that it is. If you do not respond to this validation request within 30 days from the date of this request, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me within 5 business days.

I am asking, in writing, that no telephone contact be made by your office to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me must be done in writing and sent to the address noted in this letter.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to verify and/or correct your records, and any information obtained shall be used for that purpose.

CREDITOR/DEBT COLLECTOR DISCLOSURE STATEMENT

Name of Original Creditor: ____________________________________________________

Address of Original Creditor: __________________________________________________

Phone Number of Original Creditor: ______________________________________________

Name of Assigned/Purchasing Creditor: ___________________________________________________

Address of Assigned/Purchasing Creditor: _____________________________________________________

Phone Number of Assigned/Purchasing Creditor: ____________________________________________

Contact Name and Phone Number: ___________________________________________________

This Debt was: Assigned Purchased Date: ________________________

Name of Contracted Collection Agency: ____________________________________________________

Address of Contracted Collection Agency: __________________________________________________

Phone Number of Contracted Collection Agency: _______________________________________________

Contact Name and Phone Number: ___________________________________________________

Name of Contracted Lawfirm: ________________________________________________________

Address of Contracted Lawfirm: ______________________________________________________

Phone Number of Contracted Lawfirm: ___________________________________________________

Contact Name and Phone Number: _____________________________________________________

Name and Address of Bonding Agent:______________________________________________________

_____________________________________________________________________________________

Have any insurance claims been made by any creditor regarding this account? YES NO

Have any judgments been obtained by any creditor regarding this account? YES NO

DEBT VALIDATION

Name of Debtor: _______________________________________________________________

Account #: ___________________________________________________________________

Address of Debtor: _____________________________________________________________

Amount of debt purported to be owed: ______________________________________________

Date alleged debt became payable: ________________________________________________

Was this debt assigned to debt collector or purchased? ________________________________

Amount paid if debt was purchased: ________________________________________________

Commission for debt collector if collection efforts are successful: _________________________

CREDIT REPORTING

Indicate any credit bureaus to which you have reported negative marks, and what was reported to them.

Experian: ___ _______________________________________________________________________

Equifax: ___ _______________________________________________________________________

TransUnion: ___ _______________________________________________________________________

Other: ___ _______________________________________________________________________

PLEASE ATTACH THE FOLLOWING:

Agreement with your client that grants you the authority to collect this alleged debt.

Signed agreement debtor has made with debt collector, or other verifiable proof that debtor has a contractual obligation to pay debt collector.

Any agreement that bears the signature of debtor, wherein he/she agreed to pay creditor.

All statements while this account was open.

Proof of licensing and bonding to collect debts in both Arizona and Wisconsin.

______________________________________

Authorized Signature For Creditor Date

Please return a copy of this completed letter and form and attach all requested information, assignment or other transfer agreements, which would establish your right to collect this alleged debt within 30 days from the date of this letter. Your claim cannot be considered if any portion of this form is not completed and returned with copies of all requested documents. Failure to provide this proof will be assumed an admission that this claim is not valid. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by law, your claim will not be considered and you may be liable for damages for continued collection efforts.

Sincerely,

(my signature here?)

Kind regards,

James from Brooklyn

Posted

per their website, they have offices in the following places

Phoenix Office

4050 E Cotton Ctr Blvd, bld 2

Phoenix, Arizona 85040

Phone: (602) 667-0128

Toll Free: (877) 222-8257

Fax: (602) 667-0686

New York Office

7 Skyline Drive

Hawthorne, New York 10532

Phone: (914) 347-3440

Toll Free: (800) 724-1757

Fax: (914) 347-1973

Tulsa Office

9522 E 47th Place

Ste H

Tulsa, OK 74145

Phone: (918) 665-5600

Toll Free: (800) 429-2515

Fax: (918) 665-5656

Saint Paul Office

408 Saint Peter St., Ste 210

Saint Paul, MN 55102-1187

Phone: (651) 287-2980

Toll Free: (800) 322-3323

Fax: (651) 287-2877

It's a thumb of role not to sign your name when writing to CAs. It's not as though they sign theirs when they sent letters out to us anyhow :roll:

Their contact info suggests calling the Phoenix Office, so maybe you should send your cetified mail to that address and use regular mail for the rest. Make sure you CC in your letter all the other offices.

Hope this helps. xdancex

Posted

Thanks for the reply. I had visited and bookmarked their website recently, but just took another look, which raises new questions.

It seems that Cavalry Investments, LLC is the JDB and Cavalry Portfolio Services, LLC, is their (wholly-owned) CA. I'm thinking this means two separate letters. What do others think?

Posted

Thanks, I needed to look this up too. They never responsded to my non-PP letter; I sent it to the Hawthorne, NY address.

They are incorporated in Delaware.

http://starpas.cc.state.az.us/cgi-bin/wspd_cgi.sh/WService=wsbroker1/names-detail.p?name-id=R08579390&type=FOREIGN%20L.L.C.

If you look that up, it'll show you their registered agent for AZ as well as the Cotton Center address mentioned on their web site.

New York only lists a registered agent, not the location of their offices.

Delaware gives about as much info as New York.

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