Internet's first get-out-of-debt community - 136,000 members

Posted: Mon Nov 07, 2005 11:35 am Subject:

Mom of twins

You should stop these harassing calls put by the company. Take some legal advice from your lawyer and file a case against Encore Receivable Management. You must be having sufficient proof about their fdcpa violations.

Posted: Mon Nov 07, 2005 1:30 pm Subject:

I contacted a fdcpa attorney in Memphis today and he is looking into the violations of Encore Receivable Management. He stated it sounds like we have a good case against them for the violations. Will keep people posted on this company.

Posted: Mon Nov 07, 2005 2:09 pm Subject:

Yes, it is indeed a good case. You are definitely going to be compensated by the company. They are having lots of lawsuits filed against them.

Posted: Mon Nov 07, 2005 3:05 pm Subject:

I am beginning to think they were trained by Ellis Crosby and Associates.

Posted: Mon Nov 07, 2005 3:09 pm Subject:

Illegal companies know each other very nicely in the trade. They share the awful stories inflicted on the consumers.

Posted: Tue Nov 08, 2005 9:06 am Subject:

The attorney has taken the case. When Encore called this morning, I gave them the attorneys number and Christie stated that they don't deal with attorneys. Guess they are going to deal with this one, because the violations just keep piling up. Thank god for tape recorders!

OttoToot · Posted: Mon Nov 14, 2005 12:10 pm Subject:

I have ben having these people calling me about a past due Capital One bill as well. Although, I got onto the Capital One On-Line bill payment site and was still able to pay Capital One directly for part of my bill. I too have Encore calling me every 20 minutes, althoughI have caller ID and do not answer it most of the time. WhenI do answer, I say hello once, that is my rule, I never say hello twice. If you want to talk to me, you better be ready to respond to the first hello. One time they actually said something just as I started to hang up...that is how I found out the name of the company is Encore. If they had control of the account than I would not have been able to pay Capital one Directly on their regular site, right?? They would want the money at Encore. I have had this happen with Encore once before, I paid Capital One directly through their site then as well. I am not dealing with these Encore people, I just hang up on them and pay Capital One just like I would pay my bill if it was not late.

Posted: Mon Nov 14, 2005 12:29 pm Subject:

I don't think Capitol One knows Encore has the debt. They have refused debt validation and a cease and desist letter. My attorney has all the recordings and log of everytime they call. My attorney has contacted them and stated to produce proof of debt and cease communication with us and only contact him. They once again aren't listening and calling here. I just let the tape keep recording and logging call times and submitting to the attorney.

Posted: Mon Nov 14, 2005 12:29 pm Subject:

Hi OttoToot

It is true that a creditor should not be able to collect money from you if the account had been sold to a collection agency.

Also, the collection agency has to show you the legal proof that they have been legally assigned to collect the debt from you. Next time, when Encore places a call to you, request for a debt validation from them.
Send your letter through certified mail with return receipt requested.

Answering to your part of the question, I have heard on this board as well that someone was paying to the creditors although she was getting collection calls. Later, she enquired with the creditors and came to know that the debt was sold to the collection agency. Then, what happened to the money she was paying all throughout. Those were not transferred to her debt account that the creditors were collecting. They were sent to the collection agency authorized to collect from them.

So, it is better to contact the creditors also and inquire about the account while you keep making the payments online. You will be sure of your money going to the right place.

Regards
Roxette

SINGLE MOM · Posted: Wed Nov 16, 2005 3:09 pm Subject:

I am completely shocked!! I have recieved 7 calls so far today from this company. All on my cell phone. I didn't recognize the # so i looked it up on google and here we are. I too have an account with capitol 1 and it is past due but they have not once advised they were sending me to collections. I called the # back and the woman that answered did not id herself or the company but simply asked for my account# i hung up. I work for a third party collection agency in oregon and everything this company has done thus far is 100% illegal. You have every right to record a convo once you have informed the other party that you are doing so. I think we also need to contact capitol 1 and find out what their collection procedures are and who they outsource their accounts to.

SINGLE MOM · Posted: Wed Nov 16, 2005 3:33 pm Subject:

Encore is now calling me from 888-785-7719. I called back and again the woman just asked for my account# i asked who she was she said encore asked who is encore she said per federal law can't tell me anymore without my name i advised i was not going to give my name untill i got more info other than just encore

Posted: Wed Nov 16, 2005 3:50 pm Subject:

While collecting the debt, any collector has to identify himself as well as his company in order to carry on the process further. Moreover, calling you repeatedly at work is a violation of the fdcpa law and you have the rights to take actions against such.

Send a letter to cease and desist all collection efforts except through mail. If they violate the laws further, you are in charge of taking legal actions against them.

I thought like telling you here that a creditor is not necessary required to inform the consumer about the debt being sent to collections. When the creditors keep calling people and suddenly stop after a period of couple of months, it means that they are in the process of sending the accounts to collections.

Ask Encore to send you the debt validation of the said account before you consider paying it. Please do send this letter through certified mail with return receipt requested. This will prove that you have been willing to pay the said debt at the first place but were waiting for validation from the company.

SINGLE MOM · Posted: Wed Nov 16, 2005 4:13 pm Subject:

I called capitol 1 but was immediatly directed to encore the rep i spoke to, angela, advised me that my account had been referd to them in about august but that she did not have a specific date listed...she also told me the last time capitol 1 sent me a letter regarding my account was in august i asked her when the last tine encore sent me notification of the account she said they didn't and then wanted me to authorize a check by phone for payment. I told her i have not recieved any notification of the debt being handled by their company and would like to recieve it before i made payments to their company she proceeded to argue with me advising me that they had sent letters we determined that they did not have my correct address after updating it i again asked for a verification of the debt and per fdcpa she is required to send me this letter and to please send it she freaked out and told me to talk to her supervisor! I told her that is not what im asking for....anyway they are sending me the verification but they will continue to collect the debt

Posted: Wed Nov 16, 2005 4:36 pm Subject:

Hi SINGLE MOM

Check the debt validation very carefully and only after you are satisfied with each and every entry, make payment arrangements. Otherwise, you have the federal rights to dispute it as well. The agency has to provide you accurate information on the disputed item. The items included in debt validation are kept in the forum posts . Please do have a look at them as well.

Regards
Roxette

SINGLE MOM · Posted: Thu Nov 17, 2005 12:43 pm Subject:

I talked to encore again they said they are connected to capitol 1. They area third party agency but they are connected to the same system as capitol 1. Meaning if you talk to capitol 1 and then to encore they are looking at the exact same info. They basically explained to my understanding that they are capitol 1 that all monies recieved through them is directly posted to capitol 1 accounts they use the same posting system. Is this odd??

Posted: Thu Nov 17, 2005 1:01 pm Subject:

wow, I have two accounts with encore. But I slapped two validation requests on them (two per account) and do not call letters and haven't heard another word. They don't call--which is great compaired to what you're going through...BUT I still haven't gotten my validation papers yet either. at this point, they're keeping quite. don't know just what that means yet, if anything. Maybe that don't have what it takes to 'back it up' on my accounts. good luck to you, shirley

*Name:
*Email:
*Phone:
*Zip:
*Debt

	* denotes required field

Internet's first get-out-of-debt community - 136,000 members

Encore Receivable Management

Members Area

Free Debt Counseling

Ask the community

Also See

Featured Discussions

Featured Articles

Recent Forum Discussions

Recent Blog Post