Well they called us today twice. He insisted they only called once, and that I'm wrong. They called from 1-888-785-7719.

I'm mailing a DV letter out to them at the Kansas address tomorrow. I'll make sure I have them sign for it also.

We did mail (12/30) a letter to Cap 1 asking them to put us on a hardship program and/or make a payment arrangement with them that we can afford. I guess we should call them next week to see what they want to do. We got a statement from Cap 1 saying as of 1/26 it will go to charge off status.

If only I could hit the powerball!

Thanks for all of your help, everyone!

[david]

Don't let your account reached the charged off status. This is a serious derogatory remark and will hurt your credit file for a period of 7 years. It's negative impact will be seen in your credit scores also. All your hard efforts in paying the debt may not be able to fully improve your credit ratings if the charge off appears in your file.

Negotiate hard with your lenders and arrange a payment plan with them. If you can convince them, they will not report anything negative to the bureaus. Get everything in writing from them.

I tried last night talking to Cap 1 and they said I need to make the arrangements with Encore. He said Cap 1 can't do anything with the account due to it being in collections. I stated to Cap 1 that I've mailed a DV to them, and they have not responded. I also mentioned that Encore has been rude and obnoxious when calling us. They said the only way to get it from becoming a charge off on the 25th is to make a $250 payment, of which we don't have. That would make it 120 days late, and the whole process would start all over again next month. The hardship program is only avaliable if your not late.

Funny, when the account came behind, not one person from Cap 1 mentioned a hardship program or that the credit insurance we were paying might have helped, so Encore says.

I'm mailing a cert letter to Cap 1 relaying all of the info Encore has been saying, what Cap 1 is saying and adding in the letter that I want to set up a resonable payment arrangement with Cap 1.

I'm not sure what options we have anymore. :cry:

This all is so draining!

[Not so Lucky]

Encore receivable Management will drain the life out of you with their harrassing phone calls. I have 3 months worth of phone recorded converations with at least 15 violations on them. When we went to court, they didn't have a representative there. Guess they knew they were guilty and didn't want to face the consequences. We now are scheduled to go back to court with them on the 10th of February. Wonder what kind of continuence we will have this time? Encore Receivable Management will lie, cheat, curse, etc to get what they want.

Going to court is what we are afraid will happen. We don't have the money for a lawyer. We want to resolve this with Cap 1, they just don't want to talk w/us, and keep transferring us to Encore.

I've read and have been advised not to pay or set up anything with Encore, until the respond to my DV.

My husband is so sick of dealing with this all, he's thinking of taking $ out of his 401K.

I just understand why Cap 1 will not set anything up with us regarding payments.

:?

[Not so Lucky]

Guest,
We got an attorney that specializes in fdcpa violations and we are suing Encore Receivable Management for the violations. Do not borrow from your 401k. That is your retirement and if something happens you can't pay it back, you will be out that money when you retire.

So far, Encore has told us to sell our cars and personal property, get $ from family to pay them, which is not going to happen. They usually call once a day even on Sundays, although I do answer the phone and sometimes noone is there. We don't have caller id, so I'm not sure who it is, but have an idea it's them.

My husband is worried Cap 1 will either take us to court to sue, have his wages garnished or freeze our checking account.

I've told him I thought the 401K thing was a bad idea also.

I just don't understand why Cap 1 will not work with us. We're willing to pay something, they just aren't interested.

I guess we'll have to wait and see what happens.

Thanks!

[Not so Lucky]

Encore tries everything. Have a tape recorder ready and tape record all conversations with them. Check with the laws in your state to see if the recording has to be one sided or both parties have to be notified. Our calls were coming from Lawrence, Massachusetts and they denied calling from that number, but that was the number that always showed up on the caller ID. According to the BBB they are out of Olathe, Kansas and Las Vegas, Nevada and Lawrence, Massachusetts. Send them certified mail a cease and desist letter and a debt validation letter by certified mail. That way you have proof they received the c&d and debt validation.

I mailed them a DV with a CD clause in it certified. I'm just waiting for the green card to come back to me in the mail.

[john]

Guest, creditors usually send the debt to outside collection agency after 180 days from first delinquency and term it 'charged off' in their books. Since, your debt is about to be 120 days late, I can only assume, it is still with Cap 1 and they can still accept payments from you. On the other hand, Encore is not validating your debt. This further puts me to think that they are not actually having your account details.

Since you can't afford a lawyer at this time, I must suggest you to take some professional help. Maybe, the consolidator will get deep into the problem and fix it up for you. Since you are already going through hard times at present, don't let your money go wasted. You need to be sure of the company who is authorized for collection.

Register yourself in this website and take a free counseling. The consultant will be helpful enough to you in this situation. It's absolutely free of cost. You need to sign up at this link:

http://www.debtconsolidationcare.com/signup/

Well, I jsut got off the phone with Encore. I spoke with a woman names Karen who said she's a supervisor. She said they (Encore) are willing to put us on a reage program. She said we make 3 minimum payments over the next 3 months, then after the last payment posts, all remaining past due balance will be deleted, and it will go back to Cap 1. She said then we should neg with Cap 1 to get a lower rate and hardship program.

Has anyone ever heard of this?

She also said the bully that has been calling is no longer with Encore taat they did away with their high balance collections team. He hasn't called in a while (others have) and when I called and asked for him, I was told he's no longer with Encore. Wonder if that's true?

[Not so Lucky]

Have Encore put it in writing and mail it to you before you agree to anything. Always get it in writing!!!

[john]

Yes, written agreement is a must. Ask Encore to give the details of the account for which they are arranging this payment plan. Basically, in writing, you should have the account number after which Cap 1 will be making further arrangements.

Show this letter to the attention of Cap 1 also and get their approval in writing. You need to do your homework and ensure that your money won't go wasted.

Guess, if Encore is arranging you a payment plan on this account, why were they not giving the details earlier when you contacted???

I called Encore and asked for the agreement in writing and was told that I will get a statement from Cap 1 once the payment is posted. She said that will happen every month. Once the last payment is made in March, I will receive a statement stating the account is longer in collections. Encore told me they are just handling the account while it's past due.

One thing that has me worried is I only have 14 days until it goes to charge off status. Another thing that has me worried is when I asked them to mail a written agreement, they said once I made the payment on 1/20, then I'd receive a statement.

I called Cap 1 and they said they see I talked w/Encore on my account and whatever arrangements I have with them is what will happen. Cap 1 said they can not do anything with my account, and only Encore can set payment arrangements up w/me until I'm not past due, or until the March payment posts in March.

How do I get it writting, if Cap 1 says to contact Encore, and then Encore is telling me Cap 1 will mail it out once payment is received (since it would be paid prior to the charge off date.)

This is sounding shady, but I have no idea who to believe if I can believe either of them.

[david]

I will prefer a long, detailed, professional counseling at this situation. I was also in a fix when I was not able to take care of my situation. Not becoming mad further, I decided to enroll myself in this website. I entered my contact information in the sign up page and was called by the consultant. Believe me, it did a great help about which I was not even aware.

I can recommend the same if you are sailing in the same boat. The counseling is free here and I will hope, it works out for you as well.

http://www.debtconsolidationcare.com/signup/

I acctually am a manager in collections working with Encore and Capital One. Don't write it is too back and forth. Call in and try and work something out. Alot of people don't realise there is usually a simple plan. Also as noted previously to request stopping fees and finance...doesn't happen sorry