[Not so Lucky]

Encore Manager,

I realize you are trying to help people understand what collections is all about within. But, Encore literally harassed us. I have 7 tapes full of recorded conversations of Encore employees harassing, cursing and threatening my husbands job if we didn't pay immediately. In the state I live in, we don't have to tell the other party we are recording. We filed complaints against Encore with several people including Capitol One and they sent a response back apologizing for the actions of Encore and that they would look into the situation. Obviously they never did, because people are still being treating like crap. I'm sorry, but to me, Encore is listed in my top 10 worst collection agencies list.

Encore Manager....In one of your earlier posts you said

"Cease and Desist/written validation

Be weary of this because it is used as a stall tactic, however if you stall and your account is charged off because you did not make payments you will reap the consequences"


Can you please explain what that means? I am confused.

[Not so Lucky]

Basically in my opinion, it is Encores way of avoiding validation. Basically you pay them and not ask for validation or they will make your life a living hell. According to Encore they don't have to obide by the cease and desist. THey are a collection agency and they are bound by the laws that are in place to protect us from companies trying to illegally get money from us.

Statistical analysis which believe it or not some of us are able to do, (contrary to popular belief) has shown at least in my department the rate of charge off on different sized capital one accounts with and without cease and desist orders. With a Cease and desist order you are more then 50% more likely to completely ignore or “forget” about the bill because…. 1 you never speak with anyone that can actually work something out with you and actually tell you “hey, you charge off in 36 days buddy you need to make a payment or your looking at an R 9 Credit rating associated with this account or do you realize at this point you haven’t made a payment in 174 days! And your 144 days delinquent? …2 all information you receive in the mail is already inaccurate because of a 5 to 10 business day delay in the mailing services (Not to mention if your information is lost in the mail)

Balance > $5000.00

W/ Cease& Desist Standard Collections

3 out of 10 accounts C/O 1 out of 10 accounts C/O


Balance > $3000.00

W/ C&D Standard Collections

4 out of 10 accounts C/O 2 out of 10 accounts C/O


Balance < $1000.00

W/C&D Standard Collections

8, yes, 8 out of 10 accounts C/O 4 out of 10 accounts C/O

sorry about that tabs didnt copy
Balance > $5000.00

W/ Cease& Desist Standard Collections

3 out of 10 accounts C/O 1 out of 10 accounts C/O


Balance > $3000.00

W/ C&D Standard Collections

4 out of 10 accounts C/O 2 out of 10 accounts C/O


Balance < $1000.00

W/C&D Standard Collections

8, yes, 8 out of 10 accounts C/O 4 out of 10 accounts C/O

Encore Manager--is that is the answer to my question? Unfortunately, what I take away from your answer is pretty much what Tammy said. Seems you are "if you can't dazzle them with brilliance, baffle them with bullshxx" school. Tanks anyway.

Balance > $5000.00

W/ Cease& Desist Vs. Standard Collections

3 out of 10 accounts C/O Vs. 1 out of 10 accounts C/O


Balance > $3000.00

W/ C&D Vs. Standard Collections

4 out of 10 accounts C/O Vs. 2 out of 10 accounts C/O


Balance < $1000.00

W/C&D Vs. Standard Collections

8, yes, 8 out of 10 accounts C/O Vs. 4 out of 10 accounts C/O

I'm not done yet, pump your brakes bud

Tammy we abide by cease and desist laws just as everyone else does however if you do not mail your cease and desist to the correct location of coarse it is not going to be processed furthermore for the second time WE DO NOT VALIDATE THE DEBT… all written validation requests need to be sent to capital one’s general correspondence, and or fraud dept mailing addresses…… all disputes need to be handled with the above mentioned departments and the merchant. Here is the misconception a lot of you have, we did not purchase your account aka we did not buy the paper this happens AFTER the account is charged off We do not validate the debt because it is not our responsibility because the account is not ours and we are only privileged to the information Capone deems necessary for successful collection of the debt which typically is the last 6 months worth of activity on the account, the responsibility falls on Capone think of Encore as an internal group of Capone (stop moaning and groaning im not saying we are customer service I’m saying that we can get you transferred to customer service after the issue is resolved just as if your account was in fraud once the dispute is settled it is moved back to CS) most of the time unless the account is in the last stages of delinquency if you can get the account under control we can get you back over to Capone customer services and the card still works bottom line………… if you get caught up before you fall 120 days past due on your bill you can use the damn card again!

as far as my earlier post "Be weary of this because it is used as a stall tactic, however if you stall and your account is charged off because you did not make payments you will reap the consequences" if you use this as a stall tactic and use it for to long your account will be charged off. Now, what that boils down to for you i'm not sure, i dont know your account specifics... if we're talking about a 500.00 dollar account, if we're talking about 50,000 dollar account, if you've had the card for 6 months, or six years, but your Possible consequences are a charge off and a R9 credit rating regardless and depending on the size of your account it may be purchased by another collection agency, and or legal action by Capone. They are not just going to sit down and take a 35,000 loss on a credit card especially if you just opened it 8 months ago!

[Not so Lucky]

You do not obide by the cease and desist. You are absolutely correct when you state that you do not validate. Encore claims they are exempt from that. The cease and desist letter was sent to Lawarence, Massachusetts, Olathe, Kansas. Although everyone of the collectors who called denied that they were calling from the number the caller ID showed and denied they were calling from the above addresses. Capitol One got our cards back in little pieces. We have no credit cards and will never again. All they are is a piece of plastic that leads to financial ruins.

the calls could be because you were being called by a diffrenent dept. within that particular agency and again we are not a mail/or billing center we really good give a rats ass what you mail us! we dont want your mail! Period!!! expecially if we have to pay money to forward on to the correct location, more and more because of sites like this that are based on he said she said and not facts we get more and more each day and more and more letters, faxes, ect fall through the cracks because plain and simple thats not our job and not what capone pays us to do. Never was, never will be, your cease and desist your diputes and validations all need to be directed to capone until the account charges off and is picked up by another agency. i cannot stress this enough we are not a mailing or billing center and nor do we have the personell or resources to handle the overflow of mail that comes to our address.

[Jedi Mistress Ari]

Your office can not handle mail, that is fine. However, that does not exempt Encore Receivable from general compliance. If your office is contantly deflecting people's cease and desists, then there is a problem here. As the manager, I hope you are monitoring everything your collectors are saying. Letting things get out of hand will cause you more problems as the manager, than some misdirected mail.

I am really confused by what you are saying Encore Manager. I guess I don't understand the Encore-CapOne relationship. Are you saying that because you are not a collection agency, that is why you don't have to validate anything? What are you if you are not a CA? You are not the "original creditor", you are not a "collection agency". Again I ask, what are you? You are neither so no rules apply? And if you are not a CA, why are you providing "statistics" about collections? What would you care if you are not a CA?

Tammy---I am seeing your whole point the more info Encore Manager gives(or does not give)

[Not so Lucky]

Encore is a collection agency which has to go by the laws of the fdcpa. So obviously they think they are above the FDCPA and find no need to validate or go by a cease and desist. All that is going on here is damage control.

You are correct and as a courtsey to capone and its customers we now have 2 clericals who sit by the fax machine all day and enter that information into the system but i've seen the stack of requests of validation, cease and desist and everyweek we send a big box full of mail intended for capone general correspondance but thats 7 days for your letter to get lost, misplaced, thrown away, ect. again no mail please.

i've already answered that question...maybe you need to read the last few pages of posts... once you can inteligently explain what part you do not understand i'll attempt to explain it a diffrent way...

damage control!!!!!!!!!!!!?????????????? WHAT KIND OF DAMAGE CONTROL DO YOU STATE "the more things fall through the cracks"?????? i'm not sure, of your definition of damage control but rest assured, this is honesty and tammy sorry to tell you, it's not our fault...it's yours for not taking the time to find out the right address to mail your requests.....thats damage control. also what ever did happen with your account? did you ever even speak with anyone about it ? what portion of the balance were you disputing?
what was the end result?