Encore

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No, I haven't ordered copies of my credit report just yet. I know it's important, but I will need to psyche myself up to do it - as bad as that sounds - but it will get done soon. I just would like to have opinions on the appropriate wording of the DV...thank you.


***Update***Ok - I did get my credit report and am not showing any CA's, and definitely not Encore. All accounts are 60 days past due, with the exception of 1 which is at 90 days - and it is with Chase, not BOA or GEMB.

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Thank you! I was thinking that's exactly what I should do.

***Update***

Last week I received another letter from Encore for an FIA Card Services account. I checked my credit report, and neither FIA or Encore are listed. I sent them a DV on Friday with a limited C&D by CMRR, telling them to communicate with me ONLY in writing. I have not received the green card back from the Post Office, but I'm anticipating it today.

Encore left me a message on my answering machine, using my full name and telling me they have an urgent matter to discuss. I have saved the message and will be taking digital pix of my caller ID. I'd really like to know what are my next steps. I am wondering if I should send complaints today to the Attorney General and BBB. While I know this is my first documented offense and this may be premature, I am fully prepared to file suit. I am tired of being walked all over and will stand up for myself.

Thank you in advance for your help!

yes.file complaints.they are violating the FDCPA by calling after they received the DV letter.par for the course with them.

Thank you Paul!

Encore called me again today and left another message - once again using my full name and telling me they have an urgent matter to discuss with me.

I know that CA's are allowed to contact you once after you send a DV, and they do have 1 account from GEMB and 1 account from FIA Card Services. I am hoping that they keep calling me so that I can build my case against them. They are not listed on my credit report and have not sent any letters yet responding to my DV's in the last 2 weeks.

file them complaints,and file follow-ups everytime they call.they are something else...literally.btw check your state laws in regards to recording calls.no better evidence than having them on tape violating the FDCPA.

Thank you again Paul! I am in NJ, so I know I can record the calls without their permission. I already have the 2 answering machine messages, and I will be filing complaints tomorrow. I'll keep you posted!

wait a minute, slow down guys...

WIth only the info thats been posted there is no 1 here. You said that they called and left a voice mail using your full name, but you ALSO said that up to that point you had not received the green USPS card back yet. So, until you can show that they got your DV letter and called you anyways, you have no proof of a violation.

It could be that you got the card back now, but you have not said so yet. So at this point I can only assume that they have not gotten your letter yet, until you state otherwise. And until you have that card in your hand, you cannot prove when they got your letter, or even if they have at all yet.

Thank you for your response, skydivr. I received 1 green card receipt (for the 1st DV letter I sent) from the Post Office. I have not received the 2nd, however, I tracked it and it was delivered.

In addition, both of the letters they sent to me had 2 addresses on them. I sent CMRR's to their main address and copies to the 2nd address by regular mail. So they did receive my letters, I'm just waiting for my 2nd receipt. My caller ID also shows they called several times between yesterday and today. Either way, I'm documenting everything and will still file complaints.

I also would like to mention that the original creditors continue to call me. Both GEMB and BOA call daily.

i would continue to document.i forgot about the second letter,but if they still call after you receive the green slip.then that is a violation.the OC i'm afraid doesn't have to adhere to the FDCPA.that is for collectors only.however,since they still call.are they willing to work with you?

Thanks Paul. I haven't started negotiating with the OC's yet. I stopped paying everyone in June/July and my credit report at 60 days for most of my creditors, so I thought it would be better to wait. I've told them all that I can't pay, and they're only offering hardships at this point. I don't answer every call, but I just thought it was interesting that the OC's are still calling and have Encore calling me as well.

i would ask them if they assigned the debt to encore.it's just that i don't trust encore.they are a dirty bottomfeeder that doesn't play fair at all.

Well, it has been a few days and I haven't had anymore calls from Encore. However, GEMB now has Allied Interstate calling me for the last few days. I received about 25 calls in 3 days from them already, and then got their dunning letter yesterday. I'm sending out a DV, of course - as I hear these are one of the worst CA's. My sister is being harrassed by someone who is calling for me, and won't tell her who they are. I think it must be them, because I've had communications with all my OC's thus far (I just don't answer every single call from them).

I had doubts about GEMB when I opened the account about 1.5 years ago. I was supposed to have 0% interest, and after the first bill they started charging interest. It was impossible to get someone on the phone to correct it, and they continued to charge interest. I just ended up paying it for as long as I could, until this summer. When we get back on track, I will never do business with this company again.

Dont you still have the original credit agreement between you and GEMB? If so, verify that it does indeed say no interest--and then YOU should sue THEM for breach of contract! It doesnt matter what you paid---no amount of you paying it gives them the right to break the terms of the original agreement in the first place. At the end of the day, as long as the original agreement does state "no interest", you could take them to court and force them to repay you all interest that you paid them since day one. And in a year and a half, chances are pretty good that you paid them a pretty penny in interest....

Thank you skydivr! In answer to your question, unfortunately, I do not have any of my original agreements. In addition to our financial situation, we also had a flood that destroyed almost all of our important documents.

At the time, we intended to pay them off in full in a couple of months, and we could have done that. We did have debt, but it was manageable and we were making great progress at eliminating it. We made one misstep with a disgustingly greedy creditor (BOA), which has snowballed into our current situation. We tried to stay afloat, we cashed out our 401k to keep up with outrageous minimums and owed taxes on it this year. We feel like these banks are like predators stalking their prey and waiting to strike. It is such an eye opener to see who you were doing business with for so many years.

We opened the GEMB account to pay for some vet bills, and actually, they did the same thing to my mother - offer & qualify her for 0% and start charging interest. But she was actually able to pay them in full and close the account. I have paid them a pretty penny, and either they will take my settlement offer (when the time comes) or they will get nothing. We do qualify for Chapter 7 but don't want to file unless we absolutely have to.

I'm sorry I went into such detail, but I think it's important for people to know what kind of company this is, how they do business, and the kind of companies they are hiring to collect.

UPDATE:

Ok, today I received a letter from GEMB with an attachment of my last statements. Since I DV'd Encore, I haven't heard from them. And I sent a DV to Allied Interstate a couple of days ago. Why is the OC sending me validation when I asked for it from the CA's?

Another Update:

Today I received a call from Encore. I thought they would leave me alone after my DV, but because they called from an "unknown" number on my caller ID - I now think they've been calling all along. I said that "I" wasn't home, and can I take a message. They said they are calling for me about my NCO card. I don't have an NCO card! So I quick called them back and I asked why they are still calling me after I sent them a DV, and they said my account was no longer with them - and it was for GEMB and they gave me the customer service number for GEMB. The rep I spoke to checked out my name on her computer and said they don't have anything under my name for an NCO card.

A trifle disorganized, aren't they?

Uncle Wulf, yes they are! Only, I can't figure out if it's on purpose to confuse me, or if they really operate like that! :)

Well... You already know that these idiots are out to get you. Always prepare for the worst, in this sorta thing. That way, the worst that can happen is that you're pleasantly surprised.