[Not so Lucky]

How in the world did you get encore to quit calling? We have sent validation letters and cease and desist letters and they have ignored them and stated we had to send them tho capitol 1. They are ignoring all contacts with the attorney we hired. He has sent them a legal cease & desist and requested validation and put them on notice of their violations and they are refusing all. THey still call at least 7 times a day! Our attorney said to keep recroding the calls and when this goes to court, we have all the proof they are violating our rights.

[imkimssister]

They've never called me. I got a letter from them one day and the next day I had my validation request and do not call letter in the mail to them. I didn't send the first one certified return receipt. And realized in doing that, would only be protecting ME, so I wrote up another one and this time sent it certified. I haven't heard zip from them yet. Just that one first letter. But, these accounts have been passed around like hotcakes---so they may already be on someone elses desk right now and not encores. having to play the waiting game right now. wish I knew what to tell you. sounds like you're doing everything right. just keep fighting, the law is on your side. The people in this group are great! They have helped me out alot---even if sometimes you just need somewhere to vent to and someone to listen--they're great. fighting debt fights can be very stressful---sometimes I come in here just for support and a friendly face from someone who understands. good luck to you! shirley

[roxette]

Shirley,

I really appreciate the confidence that you have shown to Mom of twins. It gives all a feeling that no one can be intimidated at any cost. Though, these might be some of the struggling days in life, but these are like separating clouds that will definitely part off.

Mom of twins, I can actually feel what you are going through. Wish, I had something magical here to end all these painful moments.

Anyway, I will always wish for something good for you.

Take Care
Roxette

[LCW]

[img]/forums/attachments//bsm8_148.jpg[/img]

Capital one did this to my wife too. When you go past due they send it to "inhouse collections" (i.e. Encore receivables). During this tine, Regul;ar Capital One Customer Service has no access to you account, YOU have to talk to Encore. Once you have got the account current again, it is sent back to regular Capital One Customer Service.. It's a stupid set up.

And to answer your last question,demmunication must cease during the 30-day verification period ONLY of the conumer formally (in writting) disputes the debt, or Formally (againj in writting) requests validation of the debt. If you dont do either, then collction may continue.

[Not so Lucky]

Where was your letters sent from? All our calls are coming from Lawrence, Masachusetts 888-447-4169.

[LCW]

I'n not cure any more. I thinkg they were from an office in olathe, KS. I also dealt with them in reference to a Sprint PC account. That also came from Kansas. When I called them requesting a pay off letter I was referred to a Las Vegas, NV office.

[AllAroundAQHAer]

I just recently started getting harassed (it's nothing shy of) by Encore. I received a letter from Capital One regarding an overdue account. I previously called Capital One after going over my limit (which is well under $500.00), and requested to cancel the card, as it'd be paid off but I no longer wanted the account. Capital One refused to cancel the account until it was paid off, therefore I began incurring ridiculous charges and fees. I attempted payment plans yet they refused to negotiate. From the time the card was put over the limit until they decided they wanted their money NOW, I never received statments with charges (even though they were requested MULTIPLE times and no address change had taken place) Now all of a sudden Encore's involved, no letter, nothing -- as of today and today only, I've received NINE phone calls from them within an hour, though no one's on the other end when I pick up. As of last week I made a signifficant payment to Capital One which they happily accepted online and didn't refuse. I'm attempting to make good on the account, yet now I'm getting harassed by some agency who refuses to even speak to me but won't stop calling. I've never been in this situation and have no idea what to do. I have no problem getting a 0 balance on the card since I was the one who used it -- but since I requested 4+ months ago the card be canceled should I still have to pay ridiculous fees/charges? What about Encore, how do I handle it? ANY help is greatly appreciated. Thanks!

[roxette]

Hi AllAroundAQHAer

Welcome to the forums.

While you requested Capital One to close the account sometime back, did you place a written request and return the card to them? If it is not done like this, most of the credit companies do not consider closure of the account. In that sense, the additionally charges are tucked on to the account until it is paid off.

Since you made an online payment to Capital One and they have accepted it, this means that your account is perhaps not sold to any outside collection agency. This also signifies that Encore is contacting you on false reasons. They may have got your contact information but they are not having any knowledge about the accounts. If so, ask them to validate the debt as it is your legal right to know the complete details. If they can provide you with complete debt validation, you can dispute with Capital One about them accepting payment from you. But right now, it seems that your account is with the creditors only. And the collection agency is trying to make money from you.

Deal with Encore using your federal rights guided in the fdcpa law. Request for a debt validation if they are holding your accounts. (Samples of debt validation letters are available in this forum).

Also mention in your letter that they are required to stop all collection activities until your debt is validated and you refuse to be communicated by phone. Leave some space to be contacted through mail only. This way, you won't completely cease and desist the collection efforts and you will be informed if they intend to take any legal actions against you. Though, they don't have base to do so.

Once they have received your letter, they are required to stop all collection activities. If they do so, it will be a violation of the federal rights and you will be in charge of taking legal actions against them with the help of your lawyer.

In that case, you will also like to record the phone calls and inform the caller that you wish to present it for legal actions against them. I suggest you to exercise your consumer rights so that this collection agency remains in the best of their behavior.

Hope this info comforts you a little and makes you feel stronger.

Regards
Roxette

[imkimssister]

HI---just my two cents worth here--If you guys don't mind me jumping in. Its to my experience that credit card companies will cancel and close out the card when you request...but ONLY after you have the balance paid in full. I was in your situation before. Credit card companies will not close out as long as you owe them money, as thats how they make their money off of you. fees and charges. This is also why debt consultants will tell you to NEVER just pay the bare monthly minimun on a credit card. THe fees alone will eat you up. I haven't been smart but I am teaching my 19 yr old daughter to be...she has a small credit card that she uses every month and when the billing cycle rolls around, we pay it completely off. every month we pay it off. no build up fees and charges that way.

But Once you have a zero balance, you can request for it to be closed and they will do so then. Hope I helped. I'm not an expert in the group here, (and God knows that my financial situation is a mess) just trying to help from experience.

smiles, shirley

Encore keeps calling me regarding a debt collection for someone else. I don't even know the person in question. I receive several calls a day. I sent a cease and desist letter via certified mail with request for return receipt. Any ideas as to what to do?

[Not so Lucky]

my experience with encore is they ignore cease & desist letters and debt validation letters. We have filed a suit against them and our attorney has notified them to stop calling and sent them letters and they keep on calling. Today was 15 times. They keep stating that these motices have to go to capitol one. Our attorney questioned why does capitol onehave to be notified and they stated that the original creditor gets these notices not the collection agency. They are sadly wrong.

[roxette]

mom of twins

Allow me to add a small note here for your help. While you have filed a lawsuit against Encore, they will be asked to appear on the court on the specified date. If they fail to do, (I assume they will as they don't have a leg to stand on), you will win the case by default. The court will issue an order in your favor and this will be a statement repairing your bad credit. You can send to the bureaus and they will update your file. Also, you are likely to be legally compensated by Encore for the damages they have done so far.

I wish you all the best in your way and hope that you win this case.

Regards
Roxette

[Teleport]

Some of the Capital Once offices are located in India. It becomes very difficult for them to send out validation letters, as it would be sent overseas. However, if you reach one of the reps located in the US, then you can get a validation letter sent.

I just spoke to representative today from Capital One, number on the caller ID was 800-955-6600.

Being late on payments sure does cause a hassle. I'm not sure if Encore is the same company I was dealing with. My account isn't in collections yet. It was a courtesy call.

Regards-
Mike

I figured out why Encore has been calling me in regards to someone else's debt. The person in question resides in the same apartment complex as I. I guess they figure someone would get fed up enough to tell this person to call them. Well, they found that someone. Me. I'm sending that person a letter.

Like I really want to get into my neighbor's personal business and all. It too embarrassing.

[roxette]

Hi

Welcome to the forums.

As per the fdcpa laws, a CA is barred from calling any third person at regular intervals. He is allowed to call you for locating the person but this should be done once only.

I can understand the embarrassment here that you are going through. Have you written a formal letter to Encore giving it the most legal importance? They should desist all their collection activities with you after receiving your letter. Do send it certified with return receipt requested.

Hope it works out otherwise you will have to consult your attorney.

Regards
Roxette

Encore receivable keeps calling my number looking for someone whom I previously never heard of, who has never, ever had my phone number (I've had it 13 years). I've explained that to them, they say they're removing it, yet I continue to get calls. This has been going on for about 6 months. Finally, I laid it out for one of the calls last week. The guy says I have to give him the last 4 digits of my SS# if I want the calls to stop. I told him that was ridiculous and that I would do no such thing. He badgered me for it, so I told him to put me on with a supervisor. Then he said I wouldn't get any calls from them again.... Guess what? I've had a call every other day from them since, the last one yesterday.