[GunsNroses]

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OK, I have not involved myself in this discussion until I read your post to LCW. Actually, your post forces me to think for a while that you are finally accepting your company's part of the mistake and you want to get it resolved. Right??

Don't get me wrong, but this is what happening with most? Everyone has some problems which is not heard properly by the company staff. Moreover, your staff tries to intimidate people at certain situations. You actually have to look inside your company operations also besides correcting the customers' and visitors' lines here. Once again, don't get me wrong here for a thought put reasonably.

Guest, again bud i could care less what you do, good luck with that, and let me know how it goes!

guns&roses no, your fine this isnt an argument its a discussion so whatever is whatever. but im not sure i completely understand your question if what your saying is that most people that we deal with, something isn't done the right way, then no... its really quite the opposite, most of our accounts are handled with out flaws however we just like every other company are not immune to human error it does happen, but alot of these "problems" are self inflicted by the debtor for example the mailing to a wrong address, also the U.S postal service as a whole is horrible! short of putting a tracker on every piece of mail sent, your rolling dice. keep in mind in my dept. we have over 100,000 accounts more then likely there are several million statements going out each month, many coming back because of being partially riped, damaged or labeled suspicious, return addresses, people moving ect. a number of those statements, payoff letters, settlement offers, even there junk mail, is going to get lost... again not to say we dont make our fair share of bona fide errors but no it is not the norm.

I also wanted to state i have complete confidence in our part-time staff and they are able to handle any immediate issues or problems anyone might have, i only want to minimize the chances of your payoff letter taking more time then needed due to it having to change hands, and responsibility more then once

encoremanager, you never really fully reply to all
questions or comments posted here. you do a great job of just answering enough(in your opinion), but not completely. you comments are good, but how about making them complete? and don't get so huffy when someone has follow up questions!

Hello, I am knew to this and encore keeps calling my cell phone asking for my brother-n-law and when I ask what this is about and how did they get MY cell phone number, they just tell me it is a private matter. That happened twice and now they called 3 times yesterday and never said a word. This is not even my home phone but my cell phone and I really need to get them stopped. They always call late in the even. What exactly needs to be put in a Cease to desist letter?

[PassionHunting]

Frame your own cease and desist letter through this sample letter here.

http://www.debtconsolidationcare.com...-cdletter.html

Encore should stop all collection attempts after they have received your request. If you can't prove your letter sent to them, you stand nowhere. Send it through certified mail with return receipt so that you have their green copy signed.

[Not so Lucky]

Encore doesn't go by a cease and desist letter. They claim they are exempt from them. They are a 3rd party collection agency and they have to obide when the letter is received. They also will not validate a debt because they claim they don't have to validate and prove anything. Be absolutely sure you send the letter certified mail with return receipt so when they violate the letter, you have proof you sent it and they received it.

Thank you for the sample letter, I will get one ready to mail this week. This is not even our debt at all but I have already had 2 calls where they say nothing this morning. That is not professional at all. Thanks again for all of your advice.

[LCW]

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When encore is working as a contractor for capital one doing their "in house" collections, they are working under Capital One's name, and enjoy the same protections and exemptions as if they were actually capital one (i.e Original Creditors). The fdcpa defines "original Creditors" and "Collectors". If Encore is working under C1's name, they are considered to be Original creditors. when it is sent from "in House" collections ( the "collections Department" at capitol one to "Out Side collections, this is where they become bound be the FDCPA. It is a gray area, where it is very important to know your current actual account status to know which laws do or do not apply to them in that situation.

[Not so Lucky]

Thanks Clay for clearing that up for me. I thought even though they are in house collections, they had to go by the fdcpa.

I want to add another story to the list. We're actually battleing it out now. A couple of years ago I went through cancer treatments and needless to say, my financial status suffered. I got a call from Encore in Feb 2005. I had a credit card with 2000 on it and they agreed to take a settlement of 1000 which I borrowd from my mom and did!! Was it over? NO Over a year later, another collection agency contacted me about this same account. I explained my situation and they agreed to send it back to the creditor. I got another notice just about a month ago about this SAME bill. They are trying to work this out with me, but I can't pay that again.

Capital One called me for a month with three to eight calls a day asking for a Mark on my cell phone. They also spammed me about 20 times with junk mail saying I had been pre-approved for a Capital One card. I don't know who Mark even is and told them they had the wrong number and to stop harassing me. Finally Capital One stopped calling but now Encore Management just started calling and harassing me. What are my legal actions? What can be done? I found this website through google.

The number that has been calling today and yesterday is 1-888-447-4169. The Capital One number is: 1-800-955-6600 and 1-800-955-7070. Sometimes both Capital One and Encore will call 5 minutes later with "restricted" or "unavailable" showing on my cell phone.

I registered with www.DoNotCall.gov but heard they don't work. Maybe, it doesn't even apply to these types of people.

If it helps with your case, I'm the receptionist at a company where they have been calling me several times a day looking for an employee who no longer works here. Are they allowed to harass people at work? Their recordings are getting rather annoying. If anyone wants to contact me it's email address removed as per forum rules - Mike
. I'll provide any help I can.

I called Encore back. Told them I didn't know Mark * and they agreed to take my number off their list and I shouldn't receieve anymore calls.

Nope! They lied..the calling continues! What to do? I own no debt to capital..it is not me they are looking for.