Consumer complaint received 2020-01-15
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:
I received documents from Calvary Portfolio in response to a complaint I filed with the CFPB recently, stating that this company did not provided me with evidence that the account they allege, is actually my responsibility. 

In response to this complaint, Calvary Portfolio sent me one document with the name XXXX XXXX XXXX, XXXX Az, as well as a single statement without any name on it, and documents which shows they purchased this account from the original lender, as a secondary collection agency. I have a son, also XXXX XXXX XXXX, who lived at the same address in XXXX Az. An original contract is necessary to distinguish between which XXXX XXXX XXXX this account might belong to, if it belongs to either of us at all. 

The documents they sent to me in response to the CFPB investigation do not meet the requirements for proving the debt is mine. If they are alleging a breach of contract from where they will seek a judgment, Arizona law requires that a signed contract between the original lender and the borrower be presented in a breach of contract dispute. 

Calvary Portfolio did not send me the original contract and I must assume that as a secondary collection agency, they do not have the original contract signed by me and the original lender. 

In Arizona, in order to prove that a breach of written contract has taken place, the actual contract with the debtors signature must be on the contract. If there is no contract, there is no valid claim for breach of contract. 

Apparently the original cardholder agreement for this alleged debt, states that " Arizona law shall control, '' and, since the contract alleged by Calvary Portfolio does not exist, and this contract was not signed by either party, whatever agreement might have existed, must be an oral contract. Since the statute of limitations for oral contracts in Arizona is three years and since Calvary Portfolio 's claim is nearly four years after the date of the last transaction, their case is time barred.

Calvary Portfolio has already violated my rights under the CFPB rules by not notifying me before collection efforts began, and now they are continuing to violate my rights by seeking to prosecute a case against me without the original contract required by Arizona law. I am in consultation with an attorney regarding the filing of a lawsuit against Calvary Portfolio in this matter.

I am requesting that Calvary Portfolio cease and desist from all collection efforts in this alleged debt that they have brought against me. I want Calvary Portfolio to remove this alleged debt from all of my credit reports. I want Calvary Portfolio to end any collection efforts, including any future lawsuit that may be filed at an court in Arizona.

When I receive a letter of confirmation that these matters have been closed and the case listed above is dismissed, I will cease with my lawsuit and we will consider this matter closed. 

I expect an answer to this letter no later than XX/XX/2020, so I may proceed accordingly.

Company response to consumer: Closed with explanation