RNtoME

Cavalry response to DV letter

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Early/Mid May 2021 sent a DV letter to Cavalry re: collection account.  Letter requested statements and account agreement.  About one week after green card was returned signed to me, received a letter via usps non-certified mail (basic us postage) stating that Cavalry didn't "accept" my reasons for disputing the debt (it was a DV letter!) and that the account in question was in the hands of their attorney.  

 

Am I correct that neither of their responses are an appropriate (legal) response to my DV letter?  Are they not legally bound to provide me a statement of amount owed and a copy of the original account agreement per law?  If I am correct, is their refusal to provide debt verification/validation in and of itself a FCRA violation?   

 

Guidance is appreciated.

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12 minutes ago, RNtoME said:

Early/Mid May 2021 sent a DV letter to Cavalry re: collection account.  Letter requested statements and account agreement.  About one week after green card was returned signed to me, received a letter via usps non-certified mail (basic us postage) stating that Cavalry didn't "accept" my reasons for disputing the debt (it was a DV letter!) and that the account in question was in the hands of their attorney.  

 

Am I correct that neither of their responses are an appropriate (legal) response to my DV letter?  Are they not legally bound to provide me a statement of amount owed and a copy of the original account agreement per law?  If I am correct, is their refusal to provide debt verification/validation in and of itself a FCRA violation?   

 

Guidance is appreciated.

We need more details.

Under what circumstances did you send the DV?   Did you send it as a result of receiving a collection letter that contained the 30-day validation notice?  Or did you send it as a result of finding a collection entry on your credit report?

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11 minutes ago, RNtoME said:

Early/Mid May 2021 sent a DV letter to Cavalry re: collection account.  Letter requested statements and account agreement.  About one week after green card was returned signed to me, received a letter via usps non-certified mail (basic us postage) stating that Cavalry didn't "accept" my reasons for disputing the debt (it was a DV letter!) and that the account in question was in the hands of their attorney.  

 

Am I correct that neither of their responses are an appropriate (legal) response to my DV letter?  Are they not legally bound to provide me a statement of amount owed and a copy of the original account agreement per law?  If I am correct, is their refusal to provide debt verification/validation in and of itself a FCRA violation?   

 

Guidance is appreciated.

The bar for debt validation is extremely low, and it appears from what you write that they failed to clear this bar.  
 

I don’t know about the FCRA very much.  I do know that under the FDCPA they cannot continue to collect the debt if and only if you sent your letter within 30 days of their first letter to you. 
 

I will leave it to others to advise you about the FCRA

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4 minutes ago, BV80 said:

We need more details.

Under what circumstances did you send the DV?   Did you send it as a result of receiving a collection letter that contained the 30-day validation notice?  Or did you send it as a result of finding a collection entry on your credit report?

I found the entry on my credit report.  No communication via mail until I mailed them the DV letter to the address on the entry on my credit report.  No communication via mail from them or their attorney since their one page response that they didn't accept my dispute and that in was in the hands of their attorney.

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31 minutes ago, RNtoME said:

I found the entry on my credit report.  No communication via mail until I mailed them the DV letter to the address on the entry on my credit report.  No communication via mail from them or their attorney since their one page response that they didn't accept my dispute and that in was in the hands of their attorney.

According to the Fair Debt Collection Practices Act (FDCPA), your right to demand validation is triggered only after receiving an initial communication from a debt collector.  The 30-day validation notice must be included in the initial communication or within 5 days of the initial communication.  The FDCPA states that the communication must be WITH the consumer.

Courts that have ruled in the issue have ruled that finding an entry on your credit report is not an initial communication that triggers your right to demand validation because that entry is not a communication directly with the consumer.  Cavalry was not required to validate.

By sending a timely DV after finding the collection entry on your credit report, the collection agency took it as a dispute with the information they reported.

Just a note:  Even if you sent a DV as a response to receiving a collection letter containing the 30-day notice, the collection agency was not required to send a detailed accounting or agreement in order to validate.  A credit card statement (such as a charge-off statement) showing the name of the original creditor and the balance confirming the balance demanded by the original creditor would suffice.  

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23 hours ago, BV80 said:

According to the Fair Debt Collection Practices Act (FDCPA), your right to demand validation is triggered only after receiving an initial communication from a debt collector.  The 30-day validation notice must be included in the initial communication or within 5 days of the initial communication.  The FDCPA states that the communication must be WITH the consumer.

Courts that have ruled in the issue have ruled that finding an entry on your credit report is not an initial communication that triggers your right to demand validation because that entry is not a communication directly with the consumer.  Cavalry was not required to validate.

By sending a timely DV after finding the collection entry on your credit report, the collection agency took it as a dispute with the information they reported.

Just a note:  Even if you sent a DV as a response to receiving a collection letter containing the 30-day notice, the collection agency was not required to send a detailed accounting or agreement in order to validate.  A credit card statement (such as a charge-off statement) showing the name of the original creditor and the balance confirming the balance demanded by the original creditor would suffice.  

Would an appropriate response at this point be to attempt a pay for deletion or to request arbitration without knowing what the account arbitration details were?

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5 minutes ago, RNtoME said:

Would an appropriate response at this point be to attempt a pay for deletion or to request arbitration without knowing what the account arbitration details were?

Do you recognize the debt as an account that you once had with an original creditor?

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2 minutes ago, BV80 said:

Do you recognize the debt as an account that you once had with an original creditor?

Without any documentation I cannot say for sure.  My goal is deletion as fast as possible.

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6 minutes ago, RNtoME said:

Without any documentation I cannot say for sure.  My goal is deletion as fast as possible.

First,, have you checked your credit reports from annualcreditreport.com?  At least one of those reports should provide an estimated date of deletion.  

Next, using the reports from annualcreditreport, thoroughly check your reports.  Sometimes, it’s possible to determine the identity of the OC simply by comparing details such as the balance, date an account was sold or transferred by the OC and when a JDB’s  “open” date.  If you still can’t determine the identity of the OC, call Cavalry and ask.  You don’t have to get into a long detailed conversation with the agency.

Also, check Cavalry’s website.  Some JDB website state that they will delete upon payment.

In regard to arbitration, you can’t request it if you don’t know that the OC’s agreement contained an option to use that forum.  Also, simply demanding to arbitrate really means nothing,  

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