ComplaintsforHunt & Kahn, P.A.

• Initial Complaint

  02/12/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  The law office of *********** has been harassing me about a debt in collections and has been unable to provide proof of the origin of the debt. They have also threatened me with coming up with an agreement to pay or facing a lawsuit with the added court fees.These actions may be in violation of the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt. This includes threatening legal action when it is not legally allowed, or threatening to do so in an attempt to coerce payment. Debt collectors must also provide written notice of the debt within five days of their initial communication with you, and the notice must include the name of the creditor, the amount of the debt, and your rights under the ******

  Customer response

  03/10/2023

  Here is the Signed paperwork

  Business response

  04/06/2023

  This correspondence is in response to ******************************* recent complaint filed with the Better Business Bureau serving Southeast ******* and ************* requesting correction to his credit report stemming from my offices effort to collect a debt.  
  
  My law firm has been retained by ***************** Services,LLC to collect a debt originated by Citibank, N.A. and now owned by Cavalry SPV I, LLC.  Our records show that ******************* Citibank account originated on November 3, ******************************************************** about September 25, 2018.  ******************** account was charged off on or about January 22, 2019 and thereafter was sold to Cavalry SPV I, LLC as evidenced by the attached Bill of Sale and Schedule A.  ***************** Services, LLC mailed ******************** a letter on March 28, 2019 apprising him that Cavalry SPV I, LLC purchased his account from Citibank, N.A. followed by eight additional letters offering settlement or providing additional information to *********************
  
  On March 23, 2021 ***************** Services, LLC (as servicer for Cavalry SPV I, LLC) placed ******************** account for collection with the law firm of **************************** (a debt collector) and we mailed ******************* a letter on April 26, 2021 announcing our intent to collect the debt and apprising him of your rights pursuant to the federal Fair Debt Collection Practices Act.  On August 17, 2021 we filed a lawsuit against ******************** in Orange County, *******.  A default judgment was entered against ******************** but was later vacated by the presiding judge. The case is still pending.
  
  ******************** has had several interactions with my office including settlement discussions.  Per his request,my office emailed to ******************** a copy of all account statements in our possession showing his indebtedness to the original creditor Citibank, N.A. We also provided ******************** with a fraud affidavit packet due to his assertion that a portion of debt was incurred by his ex-wife.  ******************** returned the fraud affidavit alleging that his identity was stolen in 2006 and that fraudulent charges occurred between 2016 and 2019.  The affidavit does not reference the Citibank debt specifically, is not notarized or otherwise properly sworn and attested, and does not indicate which charges, if any on the subject Citibank account are a result of fraud.
  
  The collection efforts Cavalry as well as my law firm have been lawful and do not constitute harassment. We understand that being the subject of a lawsuit is by no means pleasant. That said, we are open to discuss resolving the debt with ******************** at his earliest convenience and have reached out by telephone and email to engage with him.

  Customer response

  04/06/2023

   
  Complaint: 19393080
  
  I am rejecting this response because:
  

  I have still not received proof of the origin of the debt and some of the things stated from the law office is not clear and not totally accurate all though it is well written.

  ***********************************
  *********************************************************************************************************
  April 06, 2023
  
  ***********************, P.A.
  Post Office Box 934788
  *******, ******* 33093-4788
  
  Cavalry SPV I, LLC
  1 *************
  Suite *************************************
  
  
  Re: Request for Proof of Origin of Debt for the Account Related to ***********************************
  
  Dear Sir/*****,
  
  I am writing to formally request proof of the origin of the debt related to the account associated with my name, which you claim I owe. I have faced multiple instances of identity theft and fraud, and I need to verify if any fraudulent charges are included in this debt before I can consider entering into an agreement to pay.
  
  As a victim of identity theft, I have experienced unauthorized access to my credit cards and bank accounts, resulting in numerous fraudulent charges. Some of these instances involved my ex-wife and a lawyer she was having an affair with, who made fraudulent hotel purchases using my credit cards. My identity theft issues have persisted through recent years, with scammers opening accounts in my name and causing significant disruptions to my personal and financial life.
  
  In accordance with the Fair Debt Collection Practices Act (FDCPA), I request that you provide detailed account statements or other documentation that can help me identify the charges associated with the aforementioned account. I need this information to determine if any of the charges are fraudulent and not my responsibility.
  
  I kindly request that you provide the necessary documentation within 30 days of receiving this letter. If you are unable to meet this deadline, I will consider the debt unvalidated and will not enter into any agreement to pay until proper validation is provided. Please note that I am willing to cooperate and resolve this issue, provided the debt is validated and does not include any fraudulent charges.
  
  Kindly send all future communications related to this matter to my current address:
  
  ***********************************
  **********************************************************************************************
  
  I appreciate your prompt attention to this matter and look forward to receiving the requested information.
  
  Sincerely,
  
  ***********************************
  
  cc: Cavalry SPV I, LLC

  Business response

  04/12/2023

  ********************' response indicates "Kindly send all future communications related to this matter to my current address:"  15 U.S.C. ****c requires that we honor his request.  Accordingly, we will cease communicating via the Better Business Bureau or by telephone and only correspond with him directly by mail to the address he provided in his letter.

  *******************
  *****************************

  This communication is from a debt collector.

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩