Creditor Lost - But Still Coming Back

What is the name of your state? NH

SOL was April, 2005 - however these losers keep coming back. Below is my next letter. Is there anyway to get this to go away??? Is the below to harsh, not harsh enough, or do I just wait for a 'real' lawsuit and hope the SOL saves me? This old debt is KILLING my credit! HELP PLEASE!

Dear Creditors Interchange:

I am responding to your notice dated 07/01/2005. Your notice confirms that you are waiting for your client, Cavalry Portfolio Services, LLC to respond to you with full written validation and verification of the debt. Prior to receiving this documentation, I am requesting in advance that this issue be resolved and closed based on the below facts:

o Cavalry Portfolio Services, LLC has had more than 7 requests since August of 2004 to provide me with full written validation and verification of the debt in question. To date, I have yet to receive the needed written validation and verification as requested.

o Cavalry Portfolio Services, LLC opened arbitration proceedings against me through the National Arbitration Forum and LOST their case. It was ruled in my favor, making the debt not valid.

o I have never had an account, conducted business, and/or worked with Cavalry Portfolio Services, LLC. They have updated and changed my personal credit record without my permission.

At this time, Cavalry Portfolio Services, LLC appears to be a fraudulent business trying to collect a debt which is clearly not valid. I continue to dispute the validity of this debt.

Cavalry Portfolio Services, LLC has stipulated a 30 day window to respond to them, should the debt in question be disputed. Per these notices, if the time line is not met in writing, the debt would be considered valid. Moving forward, Cavalry Portfolio Services, LLC and Creditors Interchange have 30 days to provide me full written validation and verification of this debt.

My initial response notice was dated June 23rd and disputes this debt. I requested full written validation and verification of this debt. This notice was received on June 29th by Creditors Interchange. Therefore, Cavalry Portfolio Services, LLC has 30 days to provide me full written validation and verification of this debt. Otherwise, the debt in question will be consider not valid by Cavalry Portfolio Services, LLC.

Furthermore, I DO NOT GIVE PERMISSION TO CAVALRY PORTFOLIO
SERVICES, LLC AND/OR CREDITORS INTERCHANGE TO UPDATE, CHECK,
EDIT, AND/OR ADJUST MY PERSONAL CREDIT SCORE AND/OR ACCESS MY
SOCIAL SECURITY NUMBER FOR ANY PURPOSE. UNLESS THE ACCESS IS TO
REMOVE ALL NEGATIVE REPORTING THAT CAVALRY PORTFOLIO
SERVICES, LLC HAS ILLEGALLY PUT THERE.

This issue has been ongoing since August of 2004:

Cavalry Portfolio Services, LLC has LOST their Arbitration Case.
Cavalry Portfolio Services, LLC has not provided full written validation and verification.
Cavalry Portfolio Services, LLC has illegally updated and viewed my credit report.
Cavalry Portfolio Services, LLC is a company I have had NO business with ever.

I anticipate and look forward to this issue being resolved before the deadline of July 29th, 2005. The next step is to seek legal action against Cavalry Portfolio Services, LLC as they appear to be a fraudulent organization.

Regards

[Tayla]

Take your paperwork to a consumer lawyer. Your attempts to have this debt validated have run their course. Seven times you requested and each time they declined submitting to you the necessary proof that the debt is yours.
Did you send these letters Certified Mail Return Receipt?

The following site has a list of lawyers who can advise you on this matter:
[url]http://www.naca.net/[/url]
They DO NOT charge a consulting fee. A contingency fee may be implemented .

A Collection Agency may view and pull your Credit Report based on permissable purpose.

Did you dispute each time with the CRA's when you sent the letters to the Collection Agency?

Thanks for the reply.

Yes, all the letters were certified and signed for. Plus I have arbitration paperwork saying that they ruled in my favor. Not to mention the SOL is up.

This debt needs to be removed from my credit history. I guess I'll need to contact a attorney. I also read about using the BBB as well. What are your thoughts?

[marbol]

Originally Posted by nhcredit

Thanks for the reply.

Yes, all the letters were certified and signed for. Plus I have arbitration paperwork saying that they ruled in my favor. Not to mention the SOL is up.

This debt needs to be removed from my credit history. I guess I'll need to contact a attorney. I also read about using the BBB as well. What are your thoughts?

Yes. You will probably get some statutory damages from them as well as some CRAs. The attorney will keep some of the damages and you might well end up with some spending cash as well as having this removed from your credit report. If it comes BACK on your report later, you could have some MORE spending cash.

A friend of mine had this happen and it was so blatant that the judge actually laughed in court as he handed down his judgement immediately (the clerk of that court said he usually doesn't render judgements on the same date as the trial) My Friend would up with enogh money to buy a new washer and dryer (an expensive computerized model).

I know that's not a lot of money, but he won and was happy. You should send this to an attorney.

[debtcollector`]

The tenor in which you wrote your will most assuridly get it passed around the collectors office and possibly tacked on the bulletin board (of course with the personal info whited out) and they will enjoy a giggle and continue collection actions against you.

I recognize that you are upset but you need to understand that a responsible company with good collectors will notify the client of your dispute. The client will send them a copy of the bill and the debt is validated. If you truly wanted to stop this cold you would have addressed the collection agency professionally and politely and included a copy of the arbittration award. Then they would have something to bring to their client. As it is you left them with no evidence of your not being responsible for the debt.

As for the company that is still sending this debt collection agencies, you should discuss your recourse there with an attorney.

DC

That letter you read was not sent - at least not yet.

I did professionally contact Calavry and asked for written validation and verificaiton of debt - Aug 2004. They NEVER got back to me. They instead escalated to Arbitration - which they LOST in March of 2005.

Now several months later, a new agency working for Calalry is after the debt AGAIN. It's SOL, Arbitration judgment in my favor, what can I do to make this stop??

I'm think a atty as you stated is my best option. But at $300 an hour?? Having no money got me into this 5 years ago, still don't have any money.