[skydivr7673]

hey caps lock--where the hell is that "flip side of the coin" now, big guy??

it's just there waiting to be flipped over. i wish this forum also has testimonies from all the wonderful people we helped. *laughs*

you really cant be that smart, capslock. if your company really "helped" so many people than I suspect that forums like this, and the laws that exist, would not even exist. This place and the laws only exist because of your industry's criminal practices, so flip your coin on that.

[goldenbast]

Help them? To where? The poor house? Help them bend over? Hmm? Forget flipping the coin..I know just where he can stick it....

Hey Caps lock, you did create hell for me that achieved more than I wanted to begin with! In essence, you did help me by getting the chase garbage off my credit report. In a month's time my credit score shot from 400 to 753 after that incident!

If you know Brad Garrett, you can tell him to screw with more people, that will help em

Attention all individuals being harassed by this phone number & capital one.

I will be organizing a lawsuit against them and I need all your compliants. Please email email address removed as per forum rules - Mike with these questions

Name:
Phone Number:
Description of Problem:
Average call per day:

They don't have right to stress you out. Lets show them a lesson, easily done.

Offensive post deleted as per forum rules - Mike

[Bossy4455]

Ok Jack- first warning- you can post here, but if you decide to post rude, attacking and mean posts, it will be dealt with or deleted..Bossy4455

Recently I have fallen behind on my charge cards because I am out of work because of my medical condidtion, I am now just down to one income . So Encore starts calling from 8am to 9-10 at night . I have spoken with them after a while the calls get threatning, and the reps on the other end are from INDIA who can barely speak english.
I spoke with the company that supposley sold my account and they inform me that they never sold my account nor did they ask for encore Receivable managments help concerning my account. I filed a complaint with the BBB in Kansas, still Encore has not responded.Then ENCORE calls me again I assume it is to negotiate and an appology for the in appropriate calls what do they do they threaten me even more that I started crying over the phone.
Why are companies allowed to do this??
I should sue, but you must always channel first.

[FloridaRon]

Oh my god! I am sorry they made you cry.

I have been unemployed, for medical reasons, since February of this year and have had just about every type of CA call me. A lot of them have been calls just like yours. I had one CA push me to the brink of making a disastrous and permanent decision, because of the nasty message they left. I found this site because of that, and managed to regain a little of my dignity by suing that CA for violations of the fdcpa.

I am glad you came here, I would definitely recommend bookmarking this site, registering, and reading everything you can here. Learn about the FDCPA, and your rights under this law.

Have you received anything in writing from Encore yet? They are required to send out written notice within 5 days of the initial phone call. This notice should list the debt, how much you owe, and advise you have the right to dispute within 30 days.

Also, you mention they call between 8 AM to 9-10 at night? The latest they can call is 9 PM your time. If they call after that, it's a violation of the FDCPA.

There is a lot you should learn here, and I would definitely start reading, if I were you. I haven't even touched the tip of the iceberg. Be sure to ask any questions you might have and someone here will help you out.

Wouldn't matter if you did anwser the phone and talk to them they would still continue to call i talked to them 4 times yesterday and even setup payment arangements and they have called me 5 more times today and I have talked to them twice.

[JCEMT]

Rule of thumb when dealing with collection agencies.
1. Always request validation, make sure they are the ones legally entitled to collect on the debt.
2. Always send them modified cease communications letter to limit their contact with you to mail only so you have everything in writting.

ENCORE is not breaking the law because Capitol One enlists Encore employees as theres so they are first party. You can not tell a Cap One employee that they can not collect on a past due amount. It is against the law to tape record any conversation where permission is not granted. You are breaking the law, not them.

[cajunbulldog]

Bullpucky,they may collect for Cap1 but they are not their employees.

[JCEMT]

1. ENCORE is not breaking the law because Capitol One enlists Encore employees as theres so they are first party~

Unless Encore is a DBA of Chase (meaning that Encore is owned by Chase) they are not first party as it would have to be a collection department owned by the entity in question. Encore is not owned by Chase, therefore they are deemed third party in the eyes of the law, thusly bound by fdcpa.


2. You can not tell a Cap One employee that they can not collect on a past due amount.~

See response to 1.

3. It is against the law to tape record any conversation where permission is not granted.~

Only in two party states, which you can still tape by either using audible tones to signify a recording (where granted by state law) or by simply informing the other party that the call is being recorded, by continuing the call they are consenting, at which point they may release the call or continue and thus give consent. In one party states it only requires the consent of one party involved in the conversation, the other party need not even be aware of the recording in this circumstance.

4. You are breaking the law, not them.~

In light of this information; how so?