Consumer complaint received 2019-03-19
Company: CAVALRY INVESTMENTS, LLC
State: NC
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
I am filing this complaint against CALVARY SPV I, LLC, AS ASSIGNEE OF XXXX XXXX XXXX XXXX, Calvary Portfolio Services , LLC, and XXXX, XXXX Background : I opened a XXXX credit card account on XX/XX/XXXX. Due to unplanned circumstances, I was unable to make the minimum payment. I tried unsuccessfully to work with XXXX. My last payment towards the outstanding balance was in XX/XX/XXXX. The account was charged off in XX/XX/XXXX, and sold to a collection company. I tried to work out a payment plan with the collection company. They wanted two lump sum payments that I could not manage. XX/XX/XXXX was the last I heard from anyone regarding the account until I was served a COMPLAINT FOR DAMAGES lawsuit, on XX/XX/XXXX, from an attorney representing CALVARY SPV I, LLC. 
There are two parts to my complaint.

First Part : CALVARY SPV I, LLC failed to provide me with a Written Notice of Assignment of Debt. As a result, I was not aware of my right to validate and/or dispute the debt. CALVARY SPV I, LLC, is a DEBT COLLECTOR as defined by the Fair Debt Collection Practices Act ( FDCPA ) and as such, are required to comply with the Fair Debt Collection Practices Act ( FDCPA ), Section 1692g. Validation of debts III. LII U.S. Code Title 15. COMMERCE AND TRADE Chapter 41. CONSUMER CREDIT PROTECTION Subchapter V. DEBT COLLECTION PRACTICES Section 1692g. Validation of debts ( a ) Notice of debt ; contents : Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debtcollector will provide the consumer with the name and address of the original creditor, if different from the current creditor. 

Second Part : According to the Florida Office of Financial Regulation, neither CALVARY SPV I, LLC, nor its affiliate, Calvary Portfolio Services , LLC, is a licensed Debt Collector in the state of Florida.

Calvary Portfolio Services, LLC provided the Court NO EVIDENCE that Plaintiff complied with the FLORIDA CONSUMER COLLECTION PRACTICES ACT, ( FCCPA ), with regards to the sections listed below.

a.559.553Registration of consumer collection agencies required ; exemptions.

( 1 ) A person may not engage in business in this state as a consumer collection agency or continue to do business in this state as a consumer collection agency without first registering in accordance with this part, and thereafter maintaining a valid registration. 

b.559.715Assignment of consumer debts. This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment as soon as practical after the assignment is made, but at least 30 days before any action to collect the debt. The assignee is a real party in interest and may bring an action to collect a debt that has been assigned to the assignee and is in default. ( History. s. 1, Ch. 89-69 ; ss. 6, 13, Ch. 93-275 ; s. 3, Ch. 2010-127. )

Company response to consumer: Closed with non-monetary relief