Consumer complaint received 2022-05-24
Company: CAVALRY INVESTMENTS, LLC
State: AZ
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
XXXX XXXX XXXX XXXX., also being referred to as Cavalry SPV I , LLC XXXX Filed a complaint against me and is suing for an alleged debt they allegedly bought from XXXX. XXXX XXXX XXXX submitted as Exhibit 2 an Affidavit of Sale Of Account. This is a statement from a XXXX employee named XXXX XXXX. This affidavit does not include any specific account information that pertains to me. Just that XXXX sold a pool of charged-off accounts. Exhibit 3 is a Bill of Sale and Assignment also signed by a XXXX employee. This document is not notarized, nor does it include anything proving that this alleged employee signed the Bill Of Sale. Exhibit 4 is a " Fact Sheet, '' it appears to be a generic credit card agreement that was not signed. Exhibit 5 appears to be an online application for this alleged debt. The information contains false information. It shows that I made {$170000.00} and that the address is XXXX XXXX XXXX. 
I provided tax transcripts showing I had no reported income for XXXX, XXXX, XXXX, and XXXX. And that I lived at XXXX XXXX XXXX and not XXXX. This alleged debt was applied for on XX/XX/XXXX, according to this document. 
Exhibit 6 is a copy of many credit card statements. It shows some payments were made but not the account number showing who paid. It also shows a purchase to XXXX XXXX XXXX XXXX, which is a company I own. I've provided documentation showing the XXXX account belongs to XXXX XXXX and not me. XXXX XXXX is my ex-wife. 
I originally learned of this alleged debt from a Summons they filed on XX/XX/XXXX, I was served in XXXX of XXXX. I received a letter dated XX/XX/XXXX. It was the letter stating I have 30 days to dispute this debt, and if I don't respond that they will assume the debt is valid. I disputed the alleged debt within 20 days. They sent this letter out asking if it were mine after they had already filed the lawsuit. I responded with an Answer, and now we are set for arbitration. 

XXXX XXXX XXXX doesn't have an agreement or application signed by me. 
They failed to allow 30 days to pass for me to dispute the alleged debt before filing a lawsuit against me. They do not have any signed credit card receipts from me. They have no proof that I ever used or benefited, or applied from this alleged credit card. 
They also attempted to contact me before XXXX XXXX. 

XXXX is a copy of the Summons filed. 
XXXX is the letter they sent stating unless I notify them within 30 days, they will assume the debt is valid. Notice it was dated after the Summons was filed. 
XXXX is the exhibits they are using in arbitration. Much of it is hearsay, and there is no proof that this alleged debt is mine or that I applied for it. 
Scan XXXX is my final response in preparation for arbitration. 
Exhibit 1 is a credit card application that would be signed when credit is applied for. They have no such signed document. Exhibit 2 is my tax transcript showing I did not have the reported income that they alleged I had. Exhibit 3 is a copy of my credit report showing they never reported this alleged debt as disputed to the Credit Reporting agencies as they are required to do so under 15 I/S/ Code 1692 e8. Exhibit 4 is a copy of the back of 3 other credit cards I have. Notice each of them state that, " Card use subject to credit card agreement '' XXXX XXXX XXXX can not provide a copy of the back of the alleged card that says this. Exhibit 5 is a copy of county records showing when I moved into my current residence. Exhibit 6 is a screenshot of the XXXX account of XXXX XXXX XXXX XXXX. As you can see this account is owned by XXXX XXXX and not myself. Exhibit 7 is a copy of XXXX  complaints from this year. And as you know, there are an additional XXXX complaints with the CFPB. This company has a history of breaking the law. Every court case in history comes down to one thing, and that's proof. XXXX XXXX XXXX has NO proof that I applied for this alleged debt.

Company response to consumer: Closed with explanation