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2 Collection Agencies Targeting Same Debt: Cavalry and Van Ru


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I currently have an account in collection.  Cavalry sent me letters to try and collect about a year ago and now a company called Van Ru is trying to collect it.  I have read that if a collection agency reports to a credit bureau it is considered an attempt to collect a debt.  Currently Calvary reports it every month and Van Ru has been sending me letters.  Therefore there are 2 collection agencies trying to collect the same debt.  Is this illegal and what can I do about it?  Can I sue them for damages?  For full disclosure, I have asked both companies to validate and neither one has, it is almost 30 days and I don't think they are going to respond to me.  How should I proceed?

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Cavalry is a junk debt buyer.  If the original creditor (OC) is reporting, see if their entry states that the account was sold or transferred.  It it states that fact, then that means Cavalry probably bought it from them. 

 

Compare dates.  Check the last date the OC reported.  Then check to see when Cavalry began reporting.  If those dates coincide, Cavalry bought the debt from the OC and is now the current owner.  The CA could be collecting on behalf of Cavalry.   If that's the case, both of them have the right to report as long as the information is accurate.

 

Did you send a DV letter to the CA?

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Yes, I sent a letter to Cavalry and the company they outsourced the collection to called Van Ru.  Neither company got back to me in 30 days.  This originally was a loan from CitiFinancial, they sold it to Cavalry and Cavalry has hired Van Ru to collect it for them.  Cavalry reports it to the bureaus and Van Ru calls, sends letters etc.  

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Your DV had to be sent within 30 days of their first contact with you.  If you didn't send it within in that time frame, they didn't have to respond and can still try to collect.

 

1.  Was your DV sent within 30 days of either company's contact with you?

 

2.  Is the information being reported on your CR accurate?

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Thanks for getting back to me so quickly.  I was actually about to settle for half of the amount with Van Ru on behalf of cavalry, so i talked with them on the phone a few times.  I then retracted my settlement and sent the DV letter in hopes that they couldn't validate it, which they haven't.  The info reported to the credit bureaus is accurate.

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Considering your DV wasn't timely, they didn't have to respond to it.  To be honest, if the information being reported on your CR is accurate, there's not a whole lot you can do. 

 

You mentioned a settlement.  That could depend upon your goals.  It could also depend upon how much time is left for those entries to be reported.

 

An entry can only remain on your CR for 7 .7.5 years after the date of first delinquency reported by the OC.  Any entries being made by JDBs and CAs have to fall off at the same time the OC's entry falls off. 

 

If these accounts are old and you can't be sued because they're outside your state's SOL, personally, I wouldn't pay them.  However, if they're still within the SOL and you can be sued, settlement is an option.  It probably won't get the entries removed from your CR, but they would have to be updated to show they were paid and settled.

 

The OC's entry would not be updated because they don't own the account anymore.

 

If you decide to settle, get everything in writing.  Make sure Van Ru is collecting for Cavalry and that Cavalry's entry would be updated to show the account has been settled and paid.

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