Encore Receivable Management is harassing me. How to stop them?

Encore is the most rude company in the world. They did not answer the phone and when I did get them, they yelled and screamed and NOT professional at all. They told me I owed $29.50 from Dec 2009 and now because of late fees and interest, I owe $89.23!!! But they couldn't tell me what I bought, where I bought it or when I bought it....
Just pay it..... I will not.....Not til they send documentation....They have idiots working for them...

Encore RMI actually does have an entire section on the west side of their building that is strictly Capitol One. The other employees are not allowed access to that side of the building as there is no inside access and the Capitol One employees have their own specific electronic ID cards for opening the door on that side of the building. I used to work there.

Our office used to have a Capital One section too...and yes, payments were sent directly to capital one AND to our office. If could be done either way.

i work for them before but just recently resigned because of proximity, anyway please bear with encore rmi because they are using automatic dialer, they do not intend to harass or to annoy you. just a bit of advice please do not immediately hang up the phone after answering one to two hellos, give them enough time to give you feedback, we feel the same thing when you say hello and then immediately hang up, if you are annoyed so we do, remember, you are the one who owns money from our client if you do not want to be called then better to straighten up all your credits. Again i'm no longer with encore but i just want to help them and for you guys to understand that we are not really harassing you instead its the other way around.

there must be a thousand ways you humanoids use to try to justify your actions.this is just one of them.save the lines for the new bottomfeeder you presently work for.

They have been calling me and leaving computerized voicemails.
When I cvall the # back that they leave for me it is always busy.

Here is their website. http://www.encorermi.com/about.html

Why is it so hard for you people to understand if you owe someone money, telling them to ceast and desist is not going to work. They don't have to. I've been a bill collector and i've looked up the laws. Stop trying to get out of your debts by sending a stupid letter. All the accounts Encore gets are from real companies and banks that you owe money to. I quit my job because I felt too bad collecting from people who can't afford it. But they are just doing their jobs and you are just trying to get out of you responsibilities.

Sending a cease and desist in writing stops the harassment and violations that CA's like Encore commit. And IN WRITING does or should work...otherwise you have an FDCPA violation and the debtor can then collect from the CA.

As a former employee of Encore RMI, and one who's looked at the FDCPA laws, the cease and desist letter should stop the phone calls, but will not stop the collection process. They are still allowed to send you letters trying to collect the debt. As far as the phone calls before that, if they contact the person that owes the debt, and that person verifies their information to make sure the debt collector has the correct person, then no they are not allowed to contact that person again in the same day without permission. They can, however, contact any of your associates (family or known neighbors), but they can only talk to them once without permission. If Encore calls you and you refuse to verify your name or the last 4 of your social # (which they need to verify before they can say what they are calling about), you are just going to get more phone calls. I know it's a pain, trust me I hated doing the collections, especially the autodialer. I think they need to get rid of the autodialer because it doesn't give the collector the time to know the name of the person they are trying to reach sometimes, and it's not fair to the people they are dialing. I'd say about 80% or more of the numbers they have on file are wrong numbers. It would be much easier on both parties if you say your name and answer the calls to let the collector know they have the wrong number, than to just ignore the calls. If you don't answer, they keep calling, simple as that.

Also, I've read on other posts that the collector has cursed at the person on the phone. If they curse or treat you badly in anyway, go talk to a lawyer who deals with debt and the FDCPA. If you have a valid claim, not only will you get your debt paid off, you will get some compensation and the individual collector that mistreated you can be liable for up to $1000 in fines that they personally have to pay.

The collector is also supposed to do their speech, you've all heard it probably "this message is for (debtor's name), if you are not (debtor) then hang up now or stop listening, if this is (debtor's name) the please continue listening, by continuing to listen you acknowledge you are (debtor's name). this is an attempt to collect a debt and ay information will be used for that purpose,....etc". Or some variation of that depending on if they are talking to a machine or a person. I know it's annoying, trust me it is for the collector as well, but it's a must do in order to collect it correctly. As far as the information on what you've bought to build that debt, Encore usually will not have it. The only thing they have is the company the debt is from and the amount that is owed. They can request the list, but can't promise the company will comply with Encore's request, or how timely it will be.

Sorry this is so long, but I mainly just wanted to say the best advice is to verify your name and last 4 numbers of your social (they already have it and they can't do anything with the last 4#'s anyway) and verify if you are the debtor. If you're not the debtor or don't know the debtor they will stop calling. You may get another call or two depending on what time of day you are contacted, this is due to the call lists that pop up on the computer screen is built usually 12hrs in advance and do not automatically remove numbers if a que has already been built. Just be patient with the person on the phone, remind them of what you told the person before, notes should be on the screen but may not be available at the time of the call is placed, they will stop calling within 24hrs.

You can also look up the Brady Act and it will help you in certain situations of what they can and can't do and what your rights are.

Hope this helps

Ok I personally handle collection agencies on a daily basis. I just want to clear a couple of things up here.. Do not send them a cease and desist because that leaves them no opportunity to collect and they will accelerate legal action to garnishments or liens. Secondly, Encore is a 3rd party collection agency, meaning that they are past the 1st party collections where they are professional and hold your hand. If your account is now in 3rd party collections, then you are likely to get 3rd party treatment. Either way, do not file a cease and desist unless you plan to file for bankruptcy which is costly. I suggest just not answering the phone>>? I know for a fact that they will speed up legal collection process when they have no room for calls anymore! trust me...

You have no business coming here to "clear up" anything. Why would anyone take your word for anything. You have come here trying to make your job easier by lying to people thats all.
You need to stop really.
You really shouldn't be leaving "instructions" for people to stop sending requests for validation because you are telling them that they should not avail themselves of an action that is legally available to them. I suspect that you still work for a collector or you wouldn't be here. If it was to become available who you work for or if someone could figure it out you could be in trouble for trying to dissuade someone from a legal option they have.

I'm tired of bill collectors coming here and attempting to shame and/or browbeat someone into compliance. You have no right or authority to get angry or abusive because your job is to do collections. If you don't want to do it and if you can't do it without abuse people then you should quit your job. Its not anyone's obligation to make your job easier. You get paid for doing your job, we don't get paid to make your life easier.

A.D. Replied on 10-09-2009, 08:50 PM


Sub: #512
I am a collections agent from ENCORE. By now, all of you must've realized how LEGAL, FAIR and RELIABLE Encore is, basically because we still EXIST! Delinquent accounts needs to be paid the soonest time possible since the moment customers signed a contract for a certain credit line, it implies all the obligations and responsibilities of paying it up to the last cent. Please don't be mislead by debt consolidation, none of it is helping you. At the end of the day, it is still you who pays your debt, we are just here to help you out hasten that payment that you might have forgotten or deliberately evaded for that matter. Point is, GET YOUR BILLS PAID!


Oh, that's funny you coming here and saying how legal and ethical you people are. I guess you missed the news from Washington State.

You should check the link in my next post below after this one dated 10/18/2010.

It appears you came here to make your job easier by scolding people and browbeating them into paying debts that you probably have no right to. What gives you the nerve to come here and lecture anyone. you need a lecture about getting a job for an honest company that doesn't try to cheat people out of their money or to intimidate them into "cooperating" with you. If your job is too hard then quit it. No one makes you do it. Stop using this place to spread your propaganda and lies please.

Sorry gretchen but this collector gave totally VALID information and did NOT lecture anyone. Whether you like it or not, being a collector and working in a collection agency is a job and debts have to paid. Encore is a 3rd party agency...not a junk debt buyer and debts are being worked on behalf of the creditor. The majority of debts in collection agencies are valid debt and should be paid.

Sorry SoapLady, Encore is a part of the Midland Funding / Midland Credit Management chain. I speak from personal experience. As a matter of fact, Encore/Midland is now the subject of a class action lawsuit specifically for the fraudulent affidavits.

SL, how do you defend your allegations that Encore is a totally reputable company whose "DEBTS HAVE TO BE PAID? Your statements and the latest news seem to contradict each other.

Telling people that they should pay their debts in spite of the fact that many of these claims for payment are made using fraudulently signed affidavits sounds like lecturing and scolding to me.

If the majority of these debts were valid they would not be resorting to the use of the fraudulent and deceptive affidavits where are the subject of this lawsuit.

http://www.courthousenews.com/2010/11/15/31828.htm


"It is made to appear to the state court judges that the debt records filed with the court were attached to the affidavit by the affiant. This is not true. The affidavits are signed in Minnesota by a Midland Credit Management (a licensed collection agency) employee. Only the two (2) page affidavit is shipped to the Suttell Law Firm in Bellevue Washington. A non-attorney Suttell employee sometime later, as needed, selects and attaches documents to the 'business records affidavit' to send to the court for filing whenever a default or summary judgment motion is required. The court is lead to believe that the affiant has authenticated and established the reliability of the records but the affiant does not even know what records will be later attached to the affidavit by the Suttell employees." (Parentheses in complaint.)

The complaint adds: "The affidavit is printed on a printer at the desk of a randomly selected MCMI employee, employed in St. Cloud, Minnesota. The person selected to sign the affidavit is based upon when the affidavit comes off the printer and which printer rather than any personal knowledge of the affiant of the account being collected."

The class claims that each "legal specialist" signs 100 to 400 affidavits a day. One specialist who swore she had personal knowledge that "the plaintiff's predecessor in interest sold and assigned all right, title and interest" did not "have any personal knowledge of who the plaintiff, Midland Funding LLC's predecessor in interest was or even know what a 'predecessor in interest' was, nor what it means to have 'sold and assign all right title and interest,'" according to the complaint.
The class claims that Encore developed its business using a sophisticated process that predicts the behavior of consumers.
Defendant Midland Funding is wholly owned by defendant Midland Portfolio Service, which is owned by defendant Midland Credit Management, which is owned by defendant Encore Capitol Group, which is a publicly owned corporation that trades on the NASDAQ under the symbol ECPG, according to the complaint. All work out of the same address in San Diego.
Defendants are Mark Case, Malisa Gurule, Karen Hammer, Isaac Hammer and William Suttell are all attorneys in Washington state, and all are employees of Suttell & Hammer, the complaint states.
The class claims false affidavits were "served and filed in thousands of cases," in violation of the Fair Debt Collection Practices Act, the Washington Consumer Protection Act and the Washington Collection Agency Act.
The class seeks treble damages, disgorgement of interest, service charges, attorneys' fees, collection costs, delinquency charges or any other fees collected by the defendants, and injunctive relief.

The class is represented by Michael Kinkley of Spokane. "

I have a suggestion for the debt collectors who say they are tired of reading about it from people who don't pay their bills. Just quit reading, that's easy, give it a try! To suggest that people pay any bill they receive just to make your life more comfortable is a silly idea IMO. There could be lots of reasons people don't pay that you are unaware of.

Is it really that bad----from the training i am getting the things i am reading are just the opposite of what i am being told in my training class----i am a new employee.... Never wanted to this type of job but with the economy the way it is you do what you must do as long as it is legal.....