[skydivr7673]

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your screen name is "truth", yet not one word of what you just said is truth.

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

The law disagrees with you 100%. See for yourself, this is from the fdcpa in section 803--

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In other words, ERMI collectors identify themselves as from Encore, which means they are most definitely NOT first-party. They would have to identify themselves as Cap One collectors to be 1st party. Also, in (B) above, it is clear that ERMI would have to be in business to collect ONLY FROM THAT ONE CREDITOR in order for this law to not apply to their actions. But they collect for a ton of others, not just cap one. You are wrong, big time.

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

The law shows that ERMI is NOT "a cap one employee". Case closed.

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

In 12 states, you would be correct. In the other 38 states and in D.C., however, you are wrong again. Most states are called "one-party" states. This means that the call can be legally recorded(and admissable in court) as long as one party that participates in that call gives their permission for the call to be recorded. The other people on the phone, according to law, dont even have to be advised that the call is being taped!

But hey, dont take my word for it, go to the law itself. Federal law allows "one-party" recording of phone calls. Those 38 states have enacted laws that mirror the federal law.

Truth, by your answers it is obvious to me that you either work in collections or you used to. This is because the exact same BS answers you just tried to pass off as fact are told to people over the phone by collectors every day. You people really need to start coming up with some new lies, the old ones are absolutely worn out by now.

Im an old friend of this website and Ive paid off 75% of my debts and all of my pay day loans! It feels GREAT! But Encore says I owe them this money for an account ive never heard of Entergy. And they arnt even providing service in the area where the collection company is saying. Im so confused. I want to make this right but its not right to pay someone I dont owe! ive called the company Entergy and they have no idea who I am. What to do?

[skydivr7673]

hi Katie--

May I ask what state you live in? Entergy is an electric company that provides service in very specific areas/states.

Encore is notorious for not validating debts. Let me ask you, what contact have you had with them at this point? Are they calling you, or sending letters, or both? I have dealt with these idiots, and they ended up selling the debt to another collector because they couldnt validate it.

here's what you do--you need to send a certified letter to Encore. it's what we call a debt validation letter, or DV letter for short. Federal law allows you to dispute the whole debt, or any portion of the debt....and when you send this letter, the collection agency(encore) must immediately stop all collection efforts until they get the required documentation of the debt and send it to you. Only then, after they have done that, can they legally take further collection effort on this debt. This means they cannot call you to ask for payment, cannot send letters demanding that you pay the bill, cannot file a lawsuit against you, and cannot report on your credit reports. They cannot legally do ANYTHING that would be considered collection activity until they prove that it's really your account, and that the amount theyre trying to collect is accurate and legal.

Send them a letter that looks something like this--copy this whole thing if you like:

Encore Receivable Management
account number

Date

Sir/Madam:

In reference to the above mentioned account, I hereby request validation in accordance with the Fair Debt Collection Practices Act, section 809. This is not a request for you to verify my name and address, but for validation as set forth in federal law. At this time, I am requesting that you provide:

-Proof that I owe this debt at all
-Proof of the amount you are claiming to be owed
-Proof that ERMI is legally allowed or entitled to collect this debt, either by ownership of the debt or assignment by the debt's present owner

Federal law requires that during this validation period, no further collection activity is to be taken. Should you take any collection effort without providing the required documentation of this debt, I will have no choice but to file suit against Encore Receivable Management for violating the Fair Debt Collection Practices Act(fdcpa).

Additionally, should you report this debt on any of my credit bureau files without validation, it will constitute a violation of both the FDCPA and the FCRA, and again I will be forced to file suit against you.

At this time, I also hereby request that no further communication take place by telephone. This includes, but is not limited to, computer dialers, calls to my place of residence, calls to my place of employment, or to my cell phone. You are hereby required, in accordance with FDCPA, to send any and all future correspondence to me via mail at the address below.

I expect no further communication from you until such time that proper and legal validation is sent to me. So that there is no misunderstanding, this is a request for PROPER LEGAL VALIDATION, which is not partial validation, affidavits that are heresay, or any other attempts. Federal law does not allow continued collection efforts when anything less than full validation is provided.

This is an attempt to correct your records, and any information will be used for that purpose.

name
address

OK, now, may I ask what area they claim this account took place in? If it is an area that Entergy does not service or didnt service at the time Encore claims you had this account, then I would get a statement in writing from Entergy if possible and present a copy of all of this to the attorney general's office in your state, as well as for the AG in the state Encore works out of.

I am getting constant phone calls from Encore but cannot get a "person" to answer when I do return the calls or answer when they call. The calls are annoying and if they are trying to collect-shouldn't they talk to me?? I need advice on how to handle. Do not know why they are calling as I have not rec'd anything from them. Any advice will be much appreciated!!!

[JCEMT]

Well, lets start out with the basics.

Here is their contact info:

Encore Receivable Management
Div. of Convergys, Cincinnati, OH

400 N. Rogers Rd.
Olathe, KS 66062
Phone: 913-782-3333

1-800-901-4731

877-213-1152
Fax: 913-393-5163

6863 Spencer Street, Building E-1
Las Vegas, NV 89119
(702) 507-4500 (phone)
(702) 507-4505 (fax)

Lenexa, KS, Edmonton, Alberta CANADA
Woodstock, GA, Westerville, OH
& Somewhere in the Philippines

Web Addresses: www.encorermi.com

& www.convergys.com

Send them a debt validation letter (you can find a good template in my signature) send it certified mail, return receipt requested. (be sure to also print the enclosure to send with the DV letter) This will make it so that they have to cease all collection activity until they can provide you with details in writing about the account. It will also force them (since it's included in the DV letter) for them to contact you via USPS only.

thank you for the template. I will certainly follow your instructions. I did get in touch with them FINALLY on the phone and they were very rude when I requested a validation letter. Saying that they had already sent notification as well as the creditor. I have not rec'd anything from either on this matter. I am a little leery about dealing with ENCORE after all that I have read about them.

[JCEMT]

Send out the validation letter (they try to blow off validation, you can't request it verbally, you have to send in a written request. Also if they send you computer generated fluff from their company that doesn't cut it. They have to obtain that information from the original creditor.

These "people" call my home everyday for 2 months.After calling them back I find out they are looking for someone else,Yet they are still calling.The lawyer says we might have a good case. So to start I am forwarding this the District attorney.Plus they have left a nice phone record behind.

These "people" call my home everyday for 2 months.After calling them back I find out they are looking for someone else,Yet they are still calling.The lawyer says we might have a good case. So to start I am forwarding this the District attorney.Plus they have left a nice phone record behind.

hello everyone,

*i used to work for a CA, i have read a lot of posts saying that encore keeps calling them and no one answers, you see agencies such as these use automatic dialers, and when the calls get connected usually there is 5-10 secs delay, so most of the time the ones being called thinks no one answers but the sad thing is before the party called hears us say hello they already put down the phone.

*also read about calling you over and over again even when you say the person they are looking for can no longer be reached at that number. here's the thing, it would be very nice and you wouldn't hung up on them and just let them verify the number.

i hope this helps, remember guys to be an effective conversationalist, you need to understand and listen. besides, not all debt collectors are rude and bad people.

[angell]

Are automatic dialers legal to use in all states? I have no problem with talking with someone when they call my home. I do have a problem if I answer the phone and no one responds after I say hello two or three times. There are even instances when I have wited and I get a messae asking me to push a numer to talk to someone or to call back at a toll free number. It seems like there would be a live person to talk to when you answer the phone.

[JCEMT]

Some states prohibit it, check your state statutes.

Do you know where I might check in NC?

[JCEMT]

Here is where to start:
http://www.ncleg.net/

I have been reading all these posts and I know how frustrating Encore can be. I, too, am being harassed for a debt I do not know from who. But, find an attorney to assist you. The attorney rarely charges you... they will bill Encore and Encore not following the legal rules, you've won your case.
I have sent my cease call & demand for validation and Encore received it on the 10th of March 2008. The letter is being ignored... which is greatly in my favor, because now, I have grounds & I have contracted an attorney to begin procecution.
Keep records of all your calls, log your incoming calls (freebies from the internet), record any messages (burn into .wav files and save), keep logs of everything. If you don't have caller id, find out from your phone company about getting it; which is normally pretty cheap... the attorney will want all of this.
Now, the ball is in my court and I'm the one calling the shots. I hope they do keep calling because the more they call me, the stronger my chances are in receiving my harassment settlement.
Hang in there.

i think this company is great i PAID my bill an they leave me alone althugh they r a tad bit rude they r a debt collectors collecting on acct that in my case i opened