Gearing up for my lawsuit against Cavarly Investments: Company illegally reages account from over 7 years ago (that was opened fraudulently) and places on Transunion report as being new, after receving my dispute. January 2003. Company ignores request for validation. Jan, Feb, Mar. Company continues sending letters, ignoring dispute. Contact company. Representative states that they don't know the dates of this account and supposedly have no record of my dispute. Asks me to fax copy of certified reciept and letter. I did so as requested. Never heard back from them. (he was SUPPOSED to call back..yeah right). Sent dispute via Transunion. May Transunion says account is correct. Says Cavarly verified what they were reporting as accurate. Sent another dispute to Transunion. Sent a letter to Cavarly asking them to cease and desist b/c no validation was provided. June TU verifies again, account stays. Contact Cavarly, leave voice mail. No return call. Sent fax to company demanding removal. No response. Send follow up letter demanding damages and deletion, threaten lawsuit. No response. June/July Cavarly ignores letters. Stops collection letters sometime back in May after I called them. Still on TU report. Verified 5/03. Send another ITS letter to Cavarly giving them 10 days to respond. No response given. Full information: Cavarly bought a debt that was at or over 7 years old. Sent two collection letters in Nov/Dec 2002. I sent a letter to Cavarly certified RRRR in December (before 30 days was up). No response from Cavarly. Account appeared on TU January 03 out of no where. As being opened in January 2003. They updated the account every month through June 2003, per TU. Contact OC, and ask about account. They have no real information except to state that the account was reported by me sometime ago (over 7 years ago approx) as being opened by someone else. (Can't be in California and NY two minutes apart from each other...I'm quick.. but not that quick, it was a cell phone account). They closed the account and sent a letter to me sometime ago apologizing for the mistake. (7 or so years ago). Account was sold in a huge old batch of accounts that were mixed up in their computer and marked deliquent. Ask OC to resolve problem, "sorry, we don't have any real records of this account, we have no way to verify anything. Nor do we deal with accounts we sold to other agencies. We can't help you, contact that company for more information or help. Click". Contact Cavarly, they don't know anything about the account except that I owe it. (They didn't even know where I lived and apparently did quite a bit of searching to find me.) They don't have my SSN but were able to piece together that this must be my account. So now it's time to sue them. They ignore me, lie and break the law. What sections have they violated? I'm thinking FCRA Section 623, but I thought that was only enforceable by the FTC or other Federal Agency...any others? I have proveable damages. I've been delaying on this for sometime and should have just sued them in April, but it's been pretty busy at work lately. Thanks for the help, if any.
623 is related to disputes sent directly to a reporter of info from a consumer. That is a valid violation. The ca is in violation of the FDCPA for continuing collection activity(reporting and verifying to the cra after receiving disputes) see http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm I would suggest also that the oc has some responsibility in this for selling an acct they knew was fraudulent. I would file my suit against the ca AND the oc. In fact, you may want to speak with an atty as this may very well net a fairly large settlement.
Update: Called Cavalry Investments today: Mike is the only person working in their compliance department, just in case anyone needs that information. Darkdoj: I'm calling in reference to account # XXXXXXX Mike: Okay and your name? Darkdoj: Mr. Darkdoj Mike: What can I help you with? Darkdoj: Well I sent you a lot of letters, but you ignore me. I want to know the status of the account. Mike: Our records were updated on August 1 to show that this account was opened fraudulently. I don't know why they didn't verify it in the beginning. However the account has been closed. Darkdoj: What about my credit report. Mike: It takes 30-90 days to update your credit report. It will be removed. Darkdoj: Well, there's another problem. Your company reaged this account. Mike: What do you mean, our company does not engage in the practice of reaging accounts. Darkdoj: It seems funny that you opened this account on January 1 with the credit reporting agency. You placed it on my report with an open date of 1/2003. However, you updated it on 5/2003 after my dispute and verified it was correct. Mike: That's correct sir. Is there anything else I can help you with today? (serious attitude now) Darkdoj: No, that's okay. I'll get all the help I need from the court system. Mike: Go ahead and try, we'll get the record removed before you even set foot in court.
Mike: Go ahead and try, we'll get the record removed before you even set foot in court. Even if it is removed...YOU WILL HAVE A COPY OF THIS MONTHS CREDIT REPORT TO PROVE OTHER-WISE... Just because they REMOVE it does not mean you won't get any MONEY$$$$
What a F'IN moron! SUE their freakin pants off! Man don't even BOTHER calling them! You've got a SLAM DUNK lawsuit! I would file tomorror!
Mike: Go ahead and try, we'll get the record removed before you even set foot in court. darkdoj ================= So let them, that don't erase the violation(s). THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Ahh.. Cavalry...... Marshall (or whoever serves papers in NY) will be delivering paperwork betweeen 9:10 am and 12:00 noon EST tommorrow. $2500.00 <- I know I can get more, but it's not really worth dealing with. It's a slam dunk $2500 in my pocket.
