[cajunbulldog]

Even using autodialers still puts you on hook for liability if you are not removing names when instructed to do so.

encore collectors remove wrong phone numners off the list. skiptrace puts 'em right back if found correct and if no validation of cease and desist is there.

Hi: I received 7 calls from Encore today. How do I know? If I do not pick up the call, it goes to voicemail and I get some recording telling me to call them at (888) 785-7719.

How do I stop this? Capital One won't respond to my faxes. :twisted:

call the number.

[skydivr7673]

encore collectors remove wrong phone numners off the list. skiptrace puts 'em right back if found correct and if no validation of cease and desist is there.

capslock--come on now, tell the truth. Encore does not bother verifying whether or not a C&D is there. How do I know? Because I have sent them a C&D before, and they kept right on calling even after they were told over the phone that they have my C&D--you would figure that me telling you on the phone call that there is a C&D would cause someone to go look into it, no? But they didnt. Multiple times, I informed ERMI callers that they were violating a cease and desist request, which is against federal law.....and the calls still came. I dont know what kind of game youre running, but it isnt working.

As for ERMI using autodialers, that is still ERMI's fault. As a CA, they are 100% solely responsible for the performance of their system. If they have a C&D on file, then they should be taking positive measures to ensure that the number is removed from their system, so that even an autodailer cannot call it. But they do not, so again, it is the CA's fault. And that fault is punishable by up to $1000 each time it occurs....

cease and desist = i dont wanna pay.
its not a valid cease and desist reason. use your imagination more guys.

i hate guys who uses credit cards, maxes it out to the limit and only pays like 5 or 6 times during the card's lifetime and send a c & d letter. oh cmon.

and the part in w/c we need to validate the debts..?
yeah that's true we validate debts once it is in a 4 due stage. meaning 90 - 120 days deliquency. we regularly send notification letters to cardholders/clients and we await their response. now once the holding period is finished and we dont receive a call or a letter from you guys then the debt is valid.

[cajunbulldog]

Caps lock, your post demonstrates how little you really know about the fdcpa. Under federal law any consumer may cease & desist any third party collector at any time.No reason is required.The part about the validation is wrong too.If a consumer fails to respond within 30 days,you may only assume the debt is valid.If the consumer disputes after the 30 days,the collector has no liability to respond or cease collection.If the collector has put a account on the credit reports,he will be liable to Fdcpa & Fcra in handling that dispute. State laws also add on additional rules. I again have to wonder exactly how many collectors really know what the Fdcpa obligates them to do while collecting a consumer debt.

[skydivr7673]

cease and desist = i dont wanna pay.
its not a valid cease and desist reason. use your imagination more guys.

dude, get a clue. When it comes to a C&D, your one and only responsibility is to honor it, not to try to assume what the person thinks. You havent gotten one thing right so far in this thread about your responsibilities under the law, so I am frankly not surprised that you didnt get this one right either. YOUR obligation is not to play Amazing Kreskin with respect to the "Reason", it is to simply stop calling. The law makes no distinction there, so you dont get to either. Its that simple.

i hate guys who uses credit cards, maxes it out to the limit and only pays like 5 or 6 times during the card's lifetime and send a c & d letter. oh cmon.

see, now here's another problem, son--you dont even know if the debt in question is valid! Until it is validated then it is not positively real. Yes, let me say that again--THERE IS NO ASSUMPTION OF GUILT IN THE LAW. The only assumption that there is, well, that would be you assuming. Innocent until proven guilty, despite your best efforts, still means something, champ...

and the part in w/c we need to validate the debts..?
yeah that's true we validate debts once it is in a 4 due stage. meaning 90 - 120 days deliquency. we regularly send notification letters to cardholders/clients and we await their response. now once the holding period is finished and we dont receive a call or a letter from you guys then the debt is valid.

Again, you must not have been taught very well. Let's see exactly what the law states:

Section 809(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.

You can ASSume all you like, but at the end of the day it doesnt get you any closer to being honest. Most consumers dont even know how to contact you people, since many CA's refuse to give out the address where something like this needs to go. If it gets sent to the wrong address, it often isnt accepted, or it just gets "lost". Still, many other CA's dont even honor the validation request anyways, I am dealing with two just like that right now. And then, once you finally find a CA that sends something back after this request is made, is practically never meets the standard of proof that the law requires!

Tell me, why do you think that we send out letters CMRR?? Because you people have already shown your complete dishonesty. We need to furnish proof on our own that we sent you such documents, because you have a history of sudden amnesia about such things. Lest you forget, and you obviously have, this entire law wouldnt even exist if not for absolutely inexcuseable practices by CA's. So, cry all you want about debtors--I actually agree as most here do that a valid debt needs to be paid--but the bigger problem is not with debtors. If only you guys would actually get a clue and obey the law, there would be so much more success in your industry. And a lot less lawsuits too, I imagine. Look at your industry. Look at the number of lawsuits that CA's get. Look t the legal action being taken. Look at the places that go bankrupt, are ordered to never work in the field again, have to change their business name every year?? THINK....none of this happens because of the "evil debtor".

im not evil. wre not evil. uncooperative debtors are. there. smile. and the world smile upons you.

[skydivr7673]

right---collectors arent evil at all, not a single one, right?? Thats why federal laws had to be written specifically because of the very evil practices and absolutely disgusting tactics that you angelic collectors have used?? Funny, I dont see any such drastic law being written because of those darn old evil consumers. In either case, you dont have a leg to stand on here. Even when it comes to what pops up on your computer screen! You dont even know if you HAVE A DEBTOR in front of you at that point, since you dont validate the accounts like the law says you must. Until you do, and you have concrete proof that the account belongs to me, the law itself states that the assumption of guilt CANNOT BE MADE.

Is there anything else you would like to be dishonest about today? I will be right here to handle that in case there is. If not, thanks for stopping by and have yourself a wonderful day

scenario 1 - debtor has no money. has a credit card balance of $4000 amount due is $700. cant pay. would like more time. receive calls.

easy solution. = this debt is not valid. dont ever call. make that in writing. im gonna sue you. then hungs up.

now if ever the debtor did take some time to what the collector has to say then everything would be fine and dandy.

[skydivr7673]

scenario 1 - debtor has no money. has a credit card balance of $4000 amount due is $700. cant pay. would like more time. receive calls.

easy solution. = this debt is not valid. dont ever call. make that in writing. im gonna sue you. then hungs up.

now if ever the debtor did take some time to what the collector has to say then everything would be fine and dandy.

In case you were not aware, your scenarios are hardly realistic. I have already shown this with your last try at it....and here you come again with one.

Easy solution?? Look, let me spell this out for you in a nutshell. I have said it before and I will say it again--if the debt is valid then the one and only acceptable course of action in my opinion is for the debtor to PAY IT. I have racked up thousands in medical bills thanks to my having gone through a year of chemotherapy and four surgeries....and I paid every last penny of those bills off, by myself. Obviously, sport, you are barking up the way wrong tree with me, when you put these ridiculously self-serving scenarios out there. I DO pay my bills. And yet, at the same time, I have a couple of collection agencies claiming I owe them money for debts I have never heard of, IN STATES I HAVE NEVER EVEN LIVED IN. Your "easy solution" crap does not take into account too many things. For example, like I keep asking you, why does the fdcpa even exist? Here's a hint--it is NOT because of those evil nasty debtors. It is also not because "everything was fine and dandy" when people stopped to listen to what the collector had to say. So, in case you didnt realize it thus far, you arent fooling anyone here. There is a list as long as a country mile of bad CA's. Why isnt there a list just as long of good ones that actually follow the law? This is YOUR industry, pal--stop trying to make excuses or shift the blame. I do not have a single problem with a reputable collector calling and following the law in an attempt to collect a debt. Most of us do not have a problem with that. But where are these collectors?? Damn near each and every time we see one of you drop in to "educate" us evil consumers about the CA world, we see lies, double-speak, changing your tune, and generally not following the law, or even denial about what you are required by law to do! WHERE ARE ALL THESE GOOD COLLECTORS YOU MENTION? You certainly havent been telling us the right answers about what you must do under the law.

In each case I mentioned, where CA's are trying to get me to pay accounts that arent even mine, HOW DO YOU THINK I KNOW WHAT THOSE ACCOUNTS ARE?? Why, I listened to what the collector actually had to say!! I am no mindreader....that is the only way I would know. Of the three agencies like this, one has only reported to my credit bureau, one has only called me, and one has only sent me a letter without identifying the original creditor on it. I took the steps needed to find out what these accounts were. And I did it by doing EXACTLY what you just told us would make everything "fine and dandy".....thanks for all your "help" chief, but your suggestion has just been proven worthless, and not in one of your "scenarios" but in a real life example.

Look, in all seriousness, do yourself a favor--if you are willing to start being honest, then by all means I welcome you to stick around and participate. But if this is all youre going to do, then stop wasting your time and ours, and please seek life elsewhere. This place is for people who:

1--need help about being in debt
2--have experience/advice to offer those who need help

It is not here for you to make things up as you go, create "scenarios", or ignore the law. you ignore the law at work every day, I would think that's enough without you having to come here when youre home and ignore it some more.

now pal tell me. what's wrong with my last post..? what's wrong with that scenario..? it's freaking real man. it happens everyday. im just giving you a lowdown on what happens at every call.

[ramj70]

Wow, totally righteous dude, that's some gnarly stuff, whoa man. Like totally tripindicular dude. Seems like you got some good ganja man, can I have a hit dude

[skydivr7673]

now pal tell me. what's wrong with my last post..? what's wrong with that scenario..? it's freaking real man. it happens everyday. im just giving you a lowdown on what happens at every call.

whats wrong is this--

1--you would have noticed, if you paid any attention at all, that the situations we are discussing here are NOT a standard call that falls within the guidelines set forth by federal law. By now, it has been said to you and many others just like you that we are not in this forum complaining about legal calls! But then again, you would have had to pay attention to get that....thanks for apparently not bothering to do so.

2--"at every call"?? What have you been smoking? "At every call" does not account for the fraudulent calls I have received, nor does it account for the calls that people from this forum receive daily. Go on, genius, take a look around this forum. Why dont you give it an honest look? What could you possibly be afraid of? Couldnt be that you will be forced to face reality, could it? HERE--you can start with this thread:

http://www.debtconsolidationcare.com...bout30142.html

And then, when you get past all the blatantly illegal things that this particular CA is doing, you can go to this one, where a CA tells the consumer that HE MUST PROVIDE THEM BANK INFORMATION--they actually refused to accept a payment made any other way:

http://www.debtconsolidationcare.com...eceivable.html

That sure didnt appear in your "at every call" scenario, Mr. Wizard, I wonder why??

Then, on to this one, where the CA tells this lady that they are COMING TO HER HOUSE, and that he will hang up on her unless she gives him credit card info:

http://www.debtconsolidationcare.com...d-payment.html

NEXT!! This next one is a CA that refused to send validation when it was requested and also refused to honor a cease and desist....

http://www.debtconsolidationcare.com...w-griffey.html

How many more examples would you like? OBVIOUSLY, "At every call" is a wad of BS, so who do you think youre fooling here? I just picked out a few at random from the most recent page of this forum, if you would like, we can dig deeper. There are hundreds of collection agencies breaking the law thousands of times, and your little fairy tale isnt cutting the mustard, if ya get my drift.

I have said repeatedly in here that I have no trouble believing that many people you call do owe the debts. But that in no way allows or justifies CA's breaking the law whenever they choose to. face it--you cannot come in here(a place filled with tons of people that have been illegally harassed by people like you) and expect this crap to mean much.

man u make me laugh. real hard.

so what are you trying to say really?
that to all our debtors not no deal with our company..?

lemme tell you something pal. s**t happens in this world and credit card accounts are almost all the time messed up. now its not our freaking fault, the account were just transferred to our office automatically. if you continue to neglect this it will show in your credit report. that's just the bottom line. now i'd be happy to address serious customer's concern not some wanna be sky diver that copy pastes everything off the net.

but first answer the question. what really is your point?