I filed a complaint with the BBB for Calvary Portfolio Services in regards to a debt from HSBC. I've requested debt validation several times from Calvary and they haven't sent the debt validation documents. I called as well and have the name of the person I spoke with and the date and time of the call. Instead of agreeing to send me the documentation to validate the debt, the person I spoke with started yelling and said, "pay your debt and stop trying to prolong the process". When she started yelling and wouldn't let me speak, I hung up the phone.
I received an response from the BBB. Calvary still didn't validate the debt but instead went on a letter rant advising the BBB that I have a history of bad debt. They put in the letter the reason for my bankruptcy in 2003 and detailed how several accounts included in the bankruptcy were with Calvary. They even gave the BBB information on my mother whom I co-signed for a car with back in 2000. I was shocked when I read the response. I've never seen a CA do anything like this and release personal information about me in a letter when I was just requesting debt validation.
At the end of the letter , it says the debt can be settled in the amount of $300.00. This account is from 2006 and was charged off in 2011. The young lady that wrote the letter is a paralegal. I want to just pay the debt in full now because I don't want anymore trouble from this young lady or Calvary. I know once I pay the debt in full, requesting a GW is just a waste of time. I just want to see if anyone has ever experienced this with an CA. I mean this letter is unprofessional and all due to requesting a validation which they still haven't supplied.
That's a pretty low blow....they need to be reported for that. Unacceptable.
I agree but reported to whom? I have it all in black and white. I printed out the letter from the BBB site. It's on Calvary's letterhead and is a direct assault on my character without knowing all of the facts of my BK and my credit history good and bad. It's very upsetting.
File a complaint with your state's Attorney General, their state's Attorney General and the FTC.
For something like this, I would even follow up with a phone call to each.
Thank you for responding. I'll file complaints per your suggestions. I just don't see why the Calvary representative attacked me on such a personal level. I was just going to let this go and cough it up to her having a bad day but after reading the letter again, I have to do something.
State AG's, FTC...heck, I'd even open up a second complaint with BBB if I could. This is ridiculous....I'm willing to bet that they sell a "bad debt" list to other CA's or something.
One part of the letter states,
"On June 16, 2003 Ms. Manuel spoke with a Calvary Resolution Specialist and claimed that she was filing Bankruptcy. On January 10, 2004 Calvary closed this account due to M. Manuel's bankruptcy claims".
They're listed on the schedule "E". It's not a claim; it's truth. Since when does a collection agency close accounts due to "claims"? The small tidbit from their letter above doesn't begin to show the arrogance of this paralegal. The entire letter is disturbing.
BBB complaints are fine. However, the FCRA and FDCPA assign legal authority to the FTC to either take sanctions or legal action for violations.
The BBB has no such authority.
I would always suggest sending a formal FTC complaint.
I dont see lack of verification as the violation, as FDCPA 809(b) does not compel debt verification, it compels the cessation of collection activities until verification is provided.
Violation of the FDCPA occurs by resumption of collection on the debt without having provided verification.
Their acts in violation of privacy and disclosing information to the third party BBB is another matter..... quite possibly FDCPA violations.
+1 Sounds like the paralegal or whoever wrote that just went a bit overboard. Like Robert said, file with the FTC. Sometimes this goes to the point of legal recourse, if you have access to legal, I'd run it by them.