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jschafferCAVALRY PORTFOLIO SERVICES
7 SKYLINE DR 3RD FLOOR
HAWTHORN, NY 10532
February 25, 2008
To Whom It May Concern:
This letter is regarding Cavalry account number: xxxxx025, your violations of the FDCPA and my intent to sue you if you do not accept my settlement offer outlined at the end of this letter.
I have received your February 12, 2008 response to my letter dated February 6, 2008, in which you provided me what your incompetence merely perceives as debt verification. Firstly I requested VALIDATION THAT I OWE, not verification of a stupid statement summary that DOES NOT comply with the FDCPA 15USC1692g(b). Additionally I was offering you a second chance to validate as you previously failed to comply to my initial validation request on December 30, 2006.
Apparently whomever it was in the compliance department that responded to me is incompetent because they did not fulfill their legal obligation to validate the alleged debt that you say I owe.
Please be advised that you FAILED to comply with the FDCPA section 809 in which I DEMANDED each of the following:
1. A copy of the alleged original contract or other instrument bearing my actual legal signature (if you do not have this please do not waste both of our time as I know my rights) or at the very least comply with item number 2 which requires…
2. Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account
3. Explain and show me in detail how you calculated what you say I owe
4. Prove the statute of limitations has not expired on this account
5. Evidence that your company is registered/licensed/bonded and authorized as a consumer collection agency in the State of Texas and New York.
Case law establishes that you by law are required to provide more than the alleged May 18, 2002 AT&T Statement that you provided as supposed verification.
For example:
Coppola vs. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
Fields vs Wilber Law Firm, P.C. No. 03-4108 In the United States Court of Appeals For the Seventh Circuit.—On March 25, 2003, Fields filed an action in federal court, alleging that Wilber violated the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq. (“FDCPA”). Specifically, Fields asserted that the collection letters failed to accurately state the amount of the debt under § 1692g(a)(1), were misleading under § 1692e…
In other words, you were required to SHOW ME IN DETAIL how you calculated what you say I owe. a single month statement is NOT valid.
In addition to the above you:
• FAILED to show me proof that I owe your firm anything.
• FAILED to provide a COMPLETE ACCOUNT HISTORY as established in Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004. (cited above).
• FAILED to show me how you calculated what you say I owe (also as established in cited case law)
• FAILED to prove the statute of limitations has NOT expired on this account
• FAILED to provide evidence that your company is registered, licensed or bonded in my state or yours that you are authorized to collect this alleged debt.
In fact, I checked with the Texas Secretary of State to see if you were bonded with the State of Texas to collect a debt. The Texas Secretary of State was unable to find any documentation that you were bonded and thus authorized to collect on this account in the State of Texas.
Thus you are in violation of Section 392.101 of the Texas Finance Code, which prohibits a third-party debt collector or credit bureau from engaging in debt collection in Texas unless the third-party debt collector or credit bureau has obtained a surety bond and filed a copy of the bond with the Office of the Secretary of State.
I would also like to draw your attention to the attachments to this letter:
• Exhibit A is documentation proving that I mailed AT&T/Cingular requesting an investigation into this alleged account via the FACTA laws, and a copy of their envelope proving that they responded.
• Exhibit B is the letter that they sent to me in response to my letter which is Exhibit C
• Exhibit C is my letter to AT&T/Cingular.
Notice that of course AT&T cannot find the account number because IT DOES NOT EXIST. THE ORIGINAL CREDITOR HAS NO RECORDS. Therefore you are in violation of the FCRA and the FDCPA on multiple counts.
You are in violation of and are subject to each of the following:.
• $1000 Penalty for Misrepresentation of your firm about the alleged debt (because I can prove unequivocally I do NOT owe contrary to your persistent and harassing claims) regardless of intent. FDCPA protection established by case law Gearing v. Check Brokerage Corp , Cacace v. Lucas, 775 F. Supp. 502, 505 (D. Conn. 1990)
• $1000 Penalty for continuing collection efforts after your failure to validate the alleged debt. FDCPA Section 809(b) (and FTC opinion letter from LeFevre). (Your recent letter dated February 12, 2008 states at the bottom verbatim: “This is an attempt to collect a debt and any information obtained will be used for that purpose.”
• Defamation, financial injury for reporting inaccurate information to the Credit Reporting Bureaus, with a fine for the extent of damages incurred by the wronged party as deemed by the courts, as established by US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan.
• Defamation, willful injury for refusing to correct your records after two (2) Debt Validation requests and mentions to the contrary and continued reporting to the credit reporting bureaus, as established by FCRA Section 623 CUSHMAN, v. TRANS UNION CORPORATION US Court of Appeals for the Third Circuit Court Case 115 F.3d 220 June 9, 1997, Filed (D.C. No. 95-cv-01743). With a fine for the extent of damages incurred by the wronged party, as deemed by the courts.
Therefore with all of the above said I AM PREPARED TO SUE YOU IN FEDERAL U.S. DISTRICT COURT!!!
I can unequivocally prove that you are in violation of several federal and state laws/statutes.
Therefore, I AM AT THE VERY LEAST ENTITLED TO $2000 FOR THE OBVIOUS FDCPA AND FCRA VIOLATIONS. As such, and because I would rather not waste my time having to drag you to court, I’m extending to you a settlement offer as outlined below:
1. You agree to completely delete any and all negative trade line information from all three credit bureaus within 48 hours of your receipt of this letter and send me copies of your requests to the Credit Reporting Bureaus to do so.
2. Send me a check for $2000 as a good faith settlement offer (knowing that I could sue you for more)
3. You will drop this and stop reporting and pursuing this collection account.
If you agree to these terms, you will send me the check for $2000 within 5 business days.
My acceptance of this check constitutes that:
1. I will not pursue this matter any further in the courts on a state or federal level unless you break the terms of this settlement offer.
2. I will abstain from filing complaints with the FTC, the BBB, the Texas and New York State Attorneys’ General, and my local news stations.
You have 5 business days to respond favorably and amicably to me or I will be filing a suit against you in Federal District Court in the Western District located in Austin, Texas.
In addition to filing suit, if you fail to respond in a timely and amicable manner, I will be filing a complaint with the FTC, Texas and New York Attorneys’ General, the BBB and any news station that will listen.
I anticipate your quick response to this matter.
Regards,
Joseph M. Schaffer Jr.
Edited for some spelling/grammar fixes.
Message Edited by jschaffer on
03-01-2008 08:32 PM
