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 Posted: Wed Apr 04, 2007 8:26 pm Subject: DEBTS BY ENCORE |
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I think that the contention here is that most of our debtors are not aware that their accts were transferred to encore already. I feel sorry for those who felt that they were harassed of some sort by our collectors but i would suggest that you listen to what they can offer first....
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DEBT SUPERVISOR
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| Posted: Wed Apr 04, 2007 8:34 pm Subject: POST DATED CHECKS |
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Hi... I was browsing the net and found this informative site. I feel that this is also good because i am able to read our debtors concerns. You see, encore works for a lot of accounts. When you are set-up for a check over the phone, those are kept and file and at least 5 to 10 days we send reminder letters addressed to the card holders to keep them aware that there are payments on file. Like what arnel said earlier anything more than the amount you have agreed on with the collector when taken out from your acct is a violation of the law. I understand of course that there would be some lapses at times that is why i am strongly encouraging everyone here to keep on file, the name of the collector they spoke to, the name of the verifier of the payment and if possible the name of the collectors supervisor.i hope i was able to address some of your concerns. I will devote my time to daily check this site and i can further answer all your inquiries.
Great easter everyone!
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DEBT SUPERVISOR
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| Posted: Mon Apr 09, 2007 6:53 am Subject: |
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well said debt sup.
at least with this forum debtors and cardholders can have a clear picture with what's happening with their credit report.
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arnel
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cajunbulldog
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| Posted: Wed Apr 11, 2007 6:16 am Subject: |
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These people will not quit calling me!!! The person they are trying to reach is no longer at this number. I have only had this phone for about a month, but have received more than a dozen calls from them. I have had to call them twice now to tell them that he is no longer here. Isn't it harrassement if they call me again after I tell them to stop? I don't know how to prove to them that I am NOT the person they are looking for nor have I ever heard of him. The messages they leave are very long, and I want them to stop calling me or give me an address so that I can send them the bill for the minutes I am paying to listen to their voicemail messages.
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What am I supposed to do?
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cajunbulldog
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| Posted: Wed Apr 11, 2007 8:54 am Subject: |
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Thank you.
I've been reading some of the other posts and it sounds like they won't stop even with the letter. I think the only option I have is to change my number.
I have nothing to do with them or who they are trying to contact, but I really appreciate all of the inconvenience this place has caused for me.
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What am I supposed to do?
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| Posted: Thu Apr 12, 2007 2:46 pm Subject: Encore requested a copy of my credit report |
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I found this site by trying to figure out who Encore was after I saw they had requested a copy of my credit report. I have no overdue payments of any sort at this time. I wonder why they are checking my credit report.... as well as how they got my name.
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LauraC
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| Posted: Mon Apr 16, 2007 4:48 pm Subject: Encore Recivable Management |
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This company calls starting at 7am 7 days a week and calls continue all day long. Why don't they abide by cease and desist requests? Usually a recording says this is Jay Young from Encore Receivable Management and you need to call Jay Young today! Then a lady named Beverly tries to get cell phone numbers out the children when they answer the phone. These are calls trying to reach a child that moved out of the house 15 years ago. How do we get it stopped?
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cowrazy2
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| Posted: Mon Apr 16, 2007 4:58 pm Subject: |
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Send a cease and desist letter to Encore's mailing address. See this sample letter.
http://www.debtconsolidationcare.com/template-cdletter.html
Make sure that you send the letter certified with return receipt requested. They are legally required to stop all collection attempts after receiving your letter. If they don't, you have a fair chance to file a lawsuit against them.
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BKP
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cajunbulldog
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| Posted: Thu May 03, 2007 12:20 pm Subject: |
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These people have been calling me for 3-4 months, 5-10 times a day. Annoying! I read that they will talk to a spouse, and since my husband works out of town I am left to deal with these matters. However, When I identified myself as his spouse, they refused to discuss anything with me, saying it is a private business matter? All other companies have no problems discussing any matters with me, why is this one so darn stubborn? Is the number of times of day they call harrassment?
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Diamond
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| Posted: Thu May 03, 2007 3:08 pm Subject: ENCORE are they a fake company?? |
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I HAD THE SAME EXPERIENCE...they don't leave a name, won't identify themselves...I'm unwilling to give out info to a company that I've never heard of or solicited (too many bad stories about identity theft)...are they a legit company???
Their personel talk in low volume/muffled tones and I can't make out what they are saying when they leave a message...is this a ruse?...they only say that they are a "financial" company...my bank/credit cards never heard of them!
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SAME
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| Posted: Fri May 04, 2007 8:19 pm Subject: lets set things straight here |
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ok, I have read along on this one. For those people that work for Encore, allow me to set things straight. I appreciate your intentions, and in most cases, agents of a debt collector only know what that collector has told them, so please pay attention.
First, Encore is NOT a first party collector. It is that simple. Encore is a collection agency. They handle many different accounts from many different places. I see a lot of people talking about Cap One, but Encore also has accounts assigned from all kinds of other places, such as Zales jewelry stores. If I recall right, Zales uses Citibank for all of their issued cards. This means that Encore is NOT THE FIRST PARTY. At least not for all of their accounts. Unless, of course, encore manager is now going to tell me that Encore is also part of Citibank as well?!?
Ok, that being the case, let's review a couple points based solely on the law itself, and compare them to statements and claims that the Encore folks in this thread have made.
1--"we dont have to validate debts"....YES, YOU DO. Here is the law that says so:
Section 809
| Quote: | (a) 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 consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. |
So, you see, you MUST validate debts if a consumer requests it. This is federal law. This isnt me talking--that is precisely what the law states. And for each and every person you contact that requests it, you are violating federal law when you refuse to do it.
2--"validation/cease and desist must be sent to the original creditor, not to us..."
Section 805:
| Quote: | c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt. |
--before we bring out the old "third party" argument again, this is also part of the law:
| Quote: | | (6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. |
See that part in red?? You have claimed that Encore is a separate part of Cap One. THE LAW clearly states that using a different company or entity name as identification presents you as a third party and you SHALL BE TREATED AS SUCH. That is found in section 803 of the same law, by the way.
3--"calls are made early because it is legal to go by the time zone we are in, not where the consumer lives..."
Section 805:
| Quote: | (a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --
(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock am and before 9 o'clock pm, local time at the consumer's location; |
About the way you treat people on the phone--while I agree that people should just pay their bills, that does not mean anything in this context. That is because this is a federal law, and your particular opinion about some deadbeat on the phone does not supercede that law.
Two other interesting things about this law, encore folks:
--did you know that, in addition to federal fines for breaking any portion of this law, the debt collector can also be sued by the consumer? Did you know that each offense can cost you up to $1,000?
--Did you also know that ANY AGENT OF A DEBT COLLECTOR can be sued AS AN INDIVIDUAL for violating any portion of this law? That means if you call my house and break this law, I can go after YOU for up to $1000 per violation....are you prepared to risk that when calling my house??
I eagerly await the reply that is sure to come, telling me about how I dont know anything, etc etc etc
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skydivr7673
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cajunbulldog
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| Posted: Sun May 06, 2007 8:49 am Subject: |
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funny thing--the minute the word-for-word law is posted and explained, the encore folks are nowhere to be found after that. Before that, there were three or four of them posting along plenty. And now, not one...that is interesting.
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