I paid Encore in full for an account I had with Providian, Encore sold the account to another collection agency who is now calling all the time. Encore have not sent me a paid in full letter for 3 months now despite my asking for the past 3 months. Can i take legal action against Encore? Help anyone!

[paulmergel]

if you have proof of payment send it to this other CA asap.then i would look into legal options.also send a DV and C&D letter to this CA.send it certified mail return receipt.

Dear HATEENCORE.

When you do the BIF, Providian not Encore is suppose to send you that statment. Try calling providian and demanding the calls be stopped. Also, If you have that confrimation number (if you did a payment over the phone with them) try to fax that to providian also if you have that bank statment fax both of that over to provodian proving that you paid that. I do kno for a fact that In Dell Financial if I ever had a BIF paid Dell sent the CU a BIF letter or a settlement letter. Starting a law suit against Encore would be a waste of time. Im not defending Encore Im just telling you the truth it will just turn around and be a law suit against Providian because providian hired Encore as there collector. If the dont stop calling and Providian doesnt send you that statment start a lawsuit because its providians responsibility to send you that letter because thats where you owe the money you dont owe it to encore.

For a couple of months now I have been receiving several calls a day from this company as well. Same as everyone else, there is usually no one there when I answer. And when I do speak with someone, they are asking for someone other than me. When I explain that they have the wrong number, they want me to verify my full name, address, and social security number!!!

[tsacgiv]

ENCORE RECEIVABLE MANAGEMENT IS A TERRIBLE COLLECTION AGENCY.

Why are you guys blogging? If you're really Encore Managers, that's not a good idea. We've got written copies of your shoddy treatment of Cease and Desist Letters; if indeed you are actually Encore employees. Dumb idea to provide us with ammo for lawsuits

[rancher78465]

I ALSO HAD A PROBLEM WITH THIS COMPANY..UNTIL I SENT THEM A cease and desist letter, ADVISING THEM THAT THEY WERE TO IMMEDIATELY STOP ALL further telephone calls AND LETTERS.

In the body of my letter I advised them that all telephone calls would be recorded, supported by monthly telephone bill which itemized all calls incuding the date and time the calls were made to my telephone number.
I advised them that if they continued with their harassment, that I would file litigation in Fedral court or other courts of competent jurisdiction and would seek maximum damages allowed by law. I further advised them that I was considering filing a Class Action against them, and that successful litigation with the FEDERAL TRADE COMMISSION would result in penalties of $500,000.00 or 1 % of their net worth...the greater of the two.

I closed my letter by stating:

"YOUR COMPANY, OFFICERS and staff at all your physical locations and addresses in the UNITED STATES, are banned from this point forward and forever more from calling or sending letters to us. You are respponsible for ensuring that all offices within your organization are made aware of this ban."

You have been advised...govern your actions accordingly.

I remain sincerely yours,

xxxxxx xxxxxxxxxxxxxx

Certified mail, return receipt requested
**********************************

this was sent several months ago....not another call or letter !
Article number xxxxxxxxxxxxxxxxxxxxxx

A MAN NAMED JEROME CALDWELL CALLED ME AND TRIED TO TELL ME HE IS GOING TO GIVE ME A SETTLEMENT DEAL ON MY JUNIPER MASTERCARD AND ALSO TOLD NE MY CREDIT SCORE WAS 733 ON MY TRANSUNION CREDIT REPORT WHICH IS A BUNCH OF BULLSHIT BECAUSE I WENT TO TRANSUNIONS CREDIT REPORT WEBSITE AND IT SAID SOMETHING TOTALLY LOWER AND HE FLAT OUT LIED TO ME. I CALLED HIS NUMBER BUT DID NOT GET THROUGH AND THEY CALL ME 25 TIMES A DAY. WHAT IS GOING ON WITH THESE PEOPLE?????????

A MAN NAMED JEROME CALDWELL CALLED ME AND TRIED TO TELL ME HE IS GOING TO GIVE ME A SETTLEMENT DEAL ON MY JUNIPER MASTERCARD AND ALSO TOLD NE MY CREDIT SCORE WAS 733 ON MY TRANSUNION CREDIT REPORT WHICH IS A BUNCH OF BULLSHIT BECAUSE I WENT TO TRANSUNIONS CREDIT REPORT WEBSITE AND IT SAID SOMETHING TOTALLY LOWER AND HE FLAT OUT LIED TO ME. I CALLED HIS NUMBER BUT DID NOT GET THROUGH AND THEY CALL ME 25 TIMES A DAY. WHAT IS GOING ON WITH THESE PEOPLE?????????

All telephone calls here get logged into a computer by caller-ID information. I manually make any comments as necessary. Encore is one of the callers in which the caller-ID information is unknown name unknown number. I no longer answer calsl from any unknowns, or any credit card companies, or anyone I don't recognize.

I have 3 calls logged from a collection agency where the name was "Walgreens". This was quite annoying as I had a job application in at Walgreens, and thought that I was being called to work.

I just found this forum today because of my scary experience with Encore and Dell. Encore sent me a letter in November stating that I could settle my Dell account for much less than I owed. I called Dell to see if it was a legit offer and they said that yes, Encore works for them and the settlement offer was real. I went ahead and paid the settlement amount in 3 installments and asked the Encore rep I've been dealing with when I will get confirmation from Dell that they closed my account. He said it should be within the next billing cycle and before I get a monthly statement from Dell.

Well, it's almost a month since my last payment (1/27) and Dell just sent me...you guessed it, a monthly statement. I called and the Dell rep said the 3 settlement payments I made show up as regular payments, NOT settlement payments. They are waiting on Encore to send them "documentation."

Meanwhile, Encore says they already sent the "documentation." When I freaked out on the phone, they promised to send it again.

I'm stuck in the middle...what do I do now, besides call both of them every day until this is resolved??

I was injured at work an am now on permenent disability. The credit card companies refused to work with me on a payment plan that i could afford on my now $966.00 a month income. I am receiving calls from this company "Encore" with the caller id saying Allstate Insurance Co. I did a reverse lookup on the phone number and found out it was encore! I read another blog that said they did the same thing to him/her but it was id' as Walgreens, someone they had an application into for a job. If you think they dont know EVERYTHING ABOUT YOU your WRONG! Allstate is my actual insurance co. My policy is to never answer the phone unless I know for sure who is calling.

just so everyone is aware, ill clear a couple things up.

for starters, collection agencies only have to abide by cease and desist letters sent within the first 30 days, after we have mailed you notice.

secondly, when you hear no one on the other end, wait a moment. were on auto dialer, and it takes a moment to connect us.

most people claim to have never received said notice, but most people also toss aside or throw away mail from people/places/companies they are unfamiliar with. but i assure you, we send out the letter.

we also do not have to validate the debt, because we are third party, and debt validation occurs within first party.
most people seem to think if they hang up on us, that we cant call any longer that day, because weve spoken to you/youve answered one time. that, however, is not the case. if you hang up, it is marked as hung up, and the calls continue. if you want us to call only once a day, then answer, speak to whoever is on the other end, hear us out, and be curteous (until the other person isnt).

im sure most of you by this point, arent really paying attention to what im saying, and think that im some rude encore employee. but that really isnt the case. i just happened upon this, and so im giving you a few heads up.

please be aware that while some employees may be unreasonable and rude, that doesnt mean we all are. it also varies a lot between departments.

have a good day guys.

-anonymous encore employee (im not giving my name so that i wont be harassed for working for a company)

[SOAPLADY]

Encore employee....GO BACK AND GET MORE FDCPA TRAINING!!!!
Were you sleeping thru this section of your training?? Or is this just more proof that Encore violates the law!!


§ 809. Validation of debts [15 USC 1692g]

(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.

PS....Encore has paid me well for FDCPA violations!!!

[NASCAR_Devil]

for starters, collection agencies only have to abide by cease and desist letters sent within the first 30 days, after we have mailed you notice.

Wrong! Not sure where you got that little pearl of wisdom. A cease comm is just that. You can contact the consumer once more after receiving it to inform them a) you are ceasing collection efforts or b) any specific action you intend on taking. There is no time limit for a consumer to invoke their right to cease communication.

we also do not have to validate the debt, because we are third party, and debt validation occurs within first party

Mostly wrong! If a consumer disputes w/in 30 days of receiving the initial dunning letter, then collection efforts must cease until validation is provided.

that im some rude encore employee

I don't think you're rude...just stupid or retarded and just don't know any better.


Look Skippy, there's this wonderful piece of legislation, maybe you've heard of it, its called the Fair Debt Collection Practices Act. It was passed in '77 (probably the same number as your IQ). It explains everything that a debt collector can and cannot do. You might want to actually take a couple hours (I'm sorry...the IQ thing) a couple days and sit down and read it. It's very informative and would definately aid you in the performance of your job.


No one cares what your name is so don't worry about being harrassed.

This is a violation of the FDCPA. You should get help from someone. For a good list of violations, see yourcollectionrights.com