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

Submitted by on Wed, 10/26/2005 - 12:44
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Here we go again, Encore Receivable Management is calling all day and when I answer, no one is there. It is getting rather annoying. The number is 888-447-4169. Found out it was Encore Receivable Management from running it on the BBB. Does anyone know anything about these people? Haven't received a letter from them, just a day of no one on the other end calls.


Encore Receivable Management is located in Olathe, Kansas that has been reportedly collecting on false debts. They usually don't identify themselves over the phone and don't have the professional courtesy. Send them a cease and desist letter through certified mail with return receipt requested.

In their system, the last names and zip codes have been sequentially arranged. I have heard that when Encore Receivable Management try to collect a debt from a family having the same last name and zip code, if they have left the country, they start contacting the following person without any written correspondence. This all happens because of the untrained personals in the credit card companies not updating the info as well as the CA's not doing proper research.

Please send your cease and desist letter at the following address:

Encore Receivable Management
400 N Rogers Rd
Olathe, KS 66062-1212
(913) 393-5100

Regards
Roxette


Submitted by roxette on Wed, 10/26/2005 - 14:35

roxette

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Roxette,
The better business bureau has listed Encore Receivable Management in Lawrence, Massachusetts. This is interesting information. Had 5 more calls from the same number and still no one on the other end. I have the cease and desist letter ready to mail tomorrow.


Submitted by on Wed, 10/26/2005 - 17:03

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The Better Business Bureau of each region is displaying three of their branches. The other two are as follows.

Encore Receivable Management Inc.
6863 Spencer St. #3-1
Las Vegas, NV 89119
(702) 407-4500

Encore Receivable Management Inc.
15 Union St
Lawrence, MA 01840
888-447-4169

You can contact the branch from where you are getting the calls.

Please keep us updated on this issue

Regards
Roxette


Submitted by roxette on Wed, 10/26/2005 - 17:30

roxette

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Thank you Roxette for your help. I have never received a letter from Encore Receivable Management Inc. They just keep calling and when I answer, no one is there. I'm not going to call them back because I feel that they should at least talk to me when I answer.


Submitted by on Wed, 10/26/2005 - 17:44

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As they are disturbing you endlessly over the phone, you might think of keeping yourself in the stronger and legal side.

Send Encore collection agency a cease and desist letter and if they call you after receiving your letter, it will be a violation of the federal law. You can sue them for this violation.

Regards
Roxette


Submitted by roxette on Wed, 10/26/2005 - 18:11

roxette

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Today I received a letter in the mail from Capitol One on wanting to set up payment arrangements on the past due account. But yet, Encore Receivable Management called Saturday and stated that they are now handling the account. Tape recorded the whole conversation and when a debt validation was requested, she transferred to her manager and he was rude from the start, stating that he soen't have to validate the debt and demanded our address and I told him to go ahead and give his address and he stated for me to give ours and once again I said go ahead with your address and I think his name was Jeff stated that I was being unreasonable and I stated that I have on tape where the earlier just 5 minutes earlier stated that no letter has been sent, they just notfiy over the phone and as of now validation has been requested. Once a validation is requested, Encore Receivable Management can't call again til debt is validated, am I correct?


Submitted by on Mon, 10/31/2005 - 08:36

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Hi mom of twins

How have you been these days? :) I hope you are keeping a good health.

Before you start payment towards your debt account, you need to know if it is with the creditors or is it sold to the outside collection agency. In your case, whoever is holding the account, they can only be paid and not the other party.

If the collection agency, Encore Receivable Management, is holding the account in valid terms, they will produce the debt validation details before you consider paying them. Once you have made the request, they can't contact you unless they have given you legal information about your account.

If the creditors are insisting setting up of a payment plan, please ask them to provide you some certificate so that you know the surety about your debt account with them.

In the meantime, you can also check your latest credit report for this account and make necessary arrangements.

Regards
Roxette


Submitted by roxette on Mon, 10/31/2005 - 09:25

roxette

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Hi,
Today I received a letter from Encore Receivable Management and all it states is that they have been assigned the account and pay in full immediately. That is all the letter states on their letter head. They are stating to send the payments to capitol one. If a debt has been assigned to them, and they are calling to have payments sent to them at encore, why in the world would they put in the letter to send payments to capitol one? I really don't think this is a debt validation letter is it? I have faxed them a debt validation letter and also sent one certified mail.


Submitted by on Tue, 11/01/2005 - 08:37

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Mom of twins

The letter sent by Encore Receivable Management is definitely not validating the said account. Moreover, it's sounds fishy that why will the money be sent to Capital One if they are assigned to collect the debt from you.

Your debt validation request sent through certified mail is a valid proof showing your willingness to pay the due amount. But it needs to be presented in accurate shape.


Submitted by ben on Tue, 11/01/2005 - 10:33

ben

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Hi again, I'm back with more on Encore Receivable Management. Last night they called about 7:30 and with tape recorder ready answered the phone and Chloe was giving the usual speel and I told her that the conversation is being recorded and that if she keeps talking she is giving her permission and she stated it is against the law to tape record and i stated that as long as I let the person know and they keep talking that is permission enough. Chloe stated to shut off recorder now, and of course I kept taping. She stated they will continue to keep calling and to keep the damn recorder off when they call. Little do they know, I will keep recording the conversations. It is amazing at what a collection agency, Encore Receivable Management, will say when they get mad when they find out the conversation is being recorded. I look at it this way, if they aren't doing anything illegal they shouldn't have a problem with the call being recorded.


Submitted by on Wed, 11/02/2005 - 05:48

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Encore Receivable Management the famous collection agency just informed me that they don't validate debt or obide by cease and desist letters that I am to contact Capitol One and issue them the debt validation letter and cease and desist letter. What is wrong with this picture? Seems to me quite alot!


Submitted by on Wed, 11/02/2005 - 09:59

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Hi Mom of twins,

Now, you must be having a clear picture of the illegal business done by Encore Receivable Management.

You are doing the right thing by recording the phone calls. Some state laws say that you have to inform the caller about the calls being recorded and that is what you have done.

Further, it is shocking to know that they don't abide by the fdcpa laws. Encore Receivable Management seem to be doing business out of this world and harassing the people. Keep using your consumer rights as you don't have to fear about anything.

Please send your cease and desist letter through certified mail so that you have proof of your correspondence done. If they don't obey, they are breaking the laws. Also, send your debt validation request enquiring for the account. You will have enough proof if this ever goes to the court.

Regards
Roxette


Submitted by roxette on Wed, 11/02/2005 - 10:18

roxette

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Encore Receivable Management is refusing to quit calling and harrassing. I have told them 5 times already today that they are violating the cease & desist letter and debt validation letter and the ladys response was oh well, shit happens. Real professional! NOT!!! I am getting the calls from Lawrence Massachusets, but the phony letter came from Kansas. I have notified both Kansas and Massachusetts branch to QUIT CALLING TIL THEY VALIDATE THE DEBT. I don't think that they have permission to have this account and this is their way of avoiding validation. I have filed a complaint with the ACA about their collection tactics also and I am going to contact the Attorney General office tomorrow and file a complaint with them also. I have the proof of the violations on tape and I'm going to make copies of them and send them with the complaint to the AG office. They are making my phone ring off the wall. Is it true that if a collection agency makes contact with the individual and speaks to the person they legally can't call again the same day? I am hoping to hear something from the debt consolidation place today. Then a stop will be put to all of this.


Submitted by Not so Lucky on Thu, 11/03/2005 - 12:49

Not so Lucky

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After receiving your cease and desist letter and debt validation letter, Encore Receivable Management are just not legally allowed to place a single call to you. They have broken the federal law and you are in charge of filing a class action lawsuit against them.

Look for an attorney who specializes in the lawsuits of fdcpa and FCRA violations. He will sue them and you might get some compensation up to $1000 for violating the laws upon winning the case.


Submitted by ben on Thu, 11/03/2005 - 12:55

ben

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After 4 calls from Encore Receivable Management Saturday morning, I turned on my fax machine so when they called, they got a very annoying tone and they called back around 1:45pm and they got the fax tone and hasn't called back again. Guess there are other methods to get collection agencies attention when they refuse debt validation and cease and desist letters.


Submitted by Not so Lucky on Mon, 11/07/2005 - 05:41

Not so Lucky

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I have ben having these people calling me about a past due Capital One bill as well. Although, I got onto the Capital One On-Line bill payment site and was still able to pay Capital One directly for part of my bill. I too have Encore calling me every 20 minutes, althoughI have caller ID and do not answer it most of the time. WhenI do answer, I say hello once, that is my rule, I never say hello twice. If you want to talk to me, you better be ready to respond to the first hello. One time they actually said something just as I started to hang up...that is how I found out the name of the company is Encore. If they had control of the account than I would not have been able to pay Capital one Directly on their regular site, right?? They would want the money at Encore. I have had this happen with Encore once before, I paid Capital One directly through their site then as well. I am not dealing with these Encore people, I just hang up on them and pay Capital One just like I would pay my bill if it was not late.


Submitted by on Mon, 11/14/2005 - 11:10

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I don't think Capitol One knows Encore has the debt. They have refused debt validation and a cease and desist letter. My attorney has all the recordings and log of everytime they call. My attorney has contacted them and stated to produce proof of debt and cease communication with us and only contact him. They once again aren't listening and calling here. I just let the tape keep recording and logging call times and submitting to the attorney.


Submitted by Not so Lucky on Mon, 11/14/2005 - 11:29

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Hi OttoToot

It is true that a creditor should not be able to collect money from you if the account had been sold to a collection agency.

Also, the collection agency has to show you the legal proof that they have been legally assigned to collect the debt from you. Next time, when Encore places a call to you, request for a debt validation from them.
Send your letter through certified mail with return receipt requested.

Answering to your part of the question, I have heard on this board as well that someone was paying to the creditors although she was getting collection calls. Later, she enquired with the creditors and came to know that the debt was sold to the collection agency. Then, what happened to the money she was paying all throughout. Those were not transferred to her debt account that the creditors were collecting. They were sent to the collection agency authorized to collect from them.

So, it is better to contact the creditors also and inquire about the account while you keep making the payments online. You will be sure of your money going to the right place.

Regards
Roxette


Submitted by roxette on Mon, 11/14/2005 - 11:29

roxette

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I am completely shocked!! I have recieved 7 calls so far today from this company. All on my cell phone. I didn't recognize the # so i looked it up on google and here we are. I too have an account with capitol 1 and it is past due but they have not once advised they were sending me to collections. I called the # back and the woman that answered did not id herself or the company but simply asked for my account# i hung up. I work for a third party collection agency in oregon and everything this company has done thus far is 100% illegal. You have every right to record a convo once you have informed the other party that you are doing so. I think we also need to contact capitol 1 and find out what their collection procedures are and who they outsource their accounts to.


Submitted by on Wed, 11/16/2005 - 14:09

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Encore is now calling me from 888-785-7719. I called back and again the woman just asked for my account# i asked who she was she said encore asked who is encore she said per federal law can't tell me anymore without my name i advised i was not going to give my name untill i got more info other than just encore


Submitted by on Wed, 11/16/2005 - 14:33

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While collecting the debt, any collector has to identify himself as well as his company in order to carry on the process further. Moreover, calling you repeatedly at work is a violation of the fdcpa law and you have the rights to take actions against such.

Send a letter to cease and desist all collection efforts except through mail. If they violate the laws further, you are in charge of taking legal actions against them.

I thought like telling you here that a creditor is not necessary required to inform the consumer about the debt being sent to collections. When the creditors keep calling people and suddenly stop after a period of couple of months, it means that they are in the process of sending the accounts to collections.

Ask Encore to send you the debt validation of the said account before you consider paying it. Please do send this letter through certified mail with return receipt requested. This will prove that you have been willing to pay the said debt at the first place but were waiting for validation from the company.


Submitted by ben on Wed, 11/16/2005 - 14:50

ben

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I called capitol 1 but was immediatly directed to encore the rep i spoke to, angela, advised me that my account had been referd to them in about august but that she did not have a specific date listed...she also told me the last time capitol 1 sent me a letter regarding my account was in august i asked her when the last tine encore sent me notification of the account she said they didn't and then wanted me to authorize a check by phone for payment. I told her i have not recieved any notification of the debt being handled by their company and would like to recieve it before i made payments to their company she proceeded to argue with me advising me that they had sent letters we determined that they did not have my correct address after updating it i again asked for a verification of the debt and per fdcpa she is required to send me this letter and to please send it she freaked out and told me to talk to her supervisor! I told her that is not what im asking for....anyway they are sending me the verification but they will continue to collect the debt


Submitted by on Wed, 11/16/2005 - 15:13

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Hi SINGLE MOM

Check the debt validation very carefully and only after you are satisfied with each and every entry, make payment arrangements. Otherwise, you have the federal rights to dispute it as well. The agency has to provide you accurate information on the disputed item. The items included in debt validation are kept in the forum posts . Please do have a look at them as well.

Regards
Roxette


Submitted by roxette on Wed, 11/16/2005 - 15:36

roxette

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I talked to encore again they said they are connected to capitol 1. They area third party agency but they are connected to the same system as capitol 1. Meaning if you talk to capitol 1 and then to encore they are looking at the exact same info. They basically explained to my understanding that they are capitol 1 that all monies recieved through them is directly posted to capitol 1 accounts they use the same posting system. Is this odd??


Submitted by on Thu, 11/17/2005 - 11:43

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wow, I have two accounts with encore. But I slapped two validation requests on them (two per account) and do not call letters and haven't heard another word. They don't call--which is great compaired to what you're going through...BUT I still haven't gotten my validation papers yet either. at this point, they're keeping quite. don't know just what that means yet, if anything. Maybe that don't have what it takes to 'back it up' on my accounts. good luck to you, shirley


Submitted by imkimssister on Thu, 11/17/2005 - 12:01

imkimssister

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How in the world did you get encore to quit calling? We have sent validation letters and cease and desist letters and they have ignored them and stated we had to send them tho capitol 1. They are ignoring all contacts with the attorney we hired. He has sent them a legal cease & desist and requested validation and put them on notice of their violations and they are refusing all. THey still call at least 7 times a day! Our attorney said to keep recroding the calls and when this goes to court, we have all the proof they are violating our rights.


Submitted by Not so Lucky on Thu, 11/17/2005 - 12:05

Not so Lucky

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They've never called me. I got a letter from them one day and the next day I had my validation request and do not call letter in the mail to them. I didn't send the first one certified return receipt. And realized in doing that, would only be protecting ME, so I wrote up another one and this time sent it certified. I haven't heard zip from them yet. Just that one first letter. But, these accounts have been passed around like hotcakes---so they may already be on someone elses desk right now and not encores. having to play the waiting game right now. wish I knew what to tell you. sounds like you're doing everything right. just keep fighting, the law is on your side. The people in this group are great! They have helped me out alot---even if sometimes you just need somewhere to vent to and someone to listen--they're great. fighting debt fights can be very stressful---sometimes I come in here just for support and a friendly face from someone who understands. good luck to you! shirley


Submitted by imkimssister on Thu, 11/17/2005 - 12:57

imkimssister

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Shirley,

I really appreciate the confidence that you have shown to Mom of twins. It gives all a feeling that no one can be intimidated at any cost. Though, these might be some of the struggling days in life, but these are like separating clouds that will definitely part off.

Mom of twins, I can actually feel what you are going through. Wish, I had something magical here to end all these painful moments.

Anyway, I will always wish for something good for you.

Take Care
Roxette


Submitted by roxette on Thu, 11/17/2005 - 13:41

roxette

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Capital one did this to my wife too. When you go past due they send it to "inhouse collections" (i.e. Encore receivables). During this tine, Regul;ar Capital One Customer Service has no access to you account, YOU have to talk to Encore. Once you have got the account current again, it is sent back to regular Capital One Customer Service.. It's a stupid set up.

And to answer your last question,demmunication must cease during the 30-day verification period ONLY of the conumer formally (in writting) disputes the debt, or Formally (againj in writting) requests validation of the debt. If you dont do either, then collction may continue.


Submitted by LCW on Thu, 11/17/2005 - 13:51

LCW

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I'n not cure any more. I thinkg they were from an office in olathe, KS. I also dealt with them in reference to a Sprint PC account. That also came from Kansas. When I called them requesting a pay off letter I was referred to a Las Vegas, NV office.


Submitted by LCW on Thu, 11/17/2005 - 14:10

LCW

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I just recently started getting harassed (it's nothing shy of) by Encore. I received a letter from Capital One regarding an overdue account. I previously called Capital One after going over my limit (which is well under $500.00), and requested to cancel the card, as it'd be paid off but I no longer wanted the account. Capital One refused to cancel the account until it was paid off, therefore I began incurring ridiculous charges and fees. I attempted payment plans yet they refused to negotiate. From the time the card was put over the limit until they decided they wanted their money NOW, I never received statments with charges (even though they were requested MULTIPLE times and no address change had taken place) Now all of a sudden Encore's involved, no letter, nothing -- as of today and today only, I've received NINE phone calls from them within an hour, though no one's on the other end when I pick up. As of last week I made a signifficant payment to Capital One which they happily accepted online and didn't refuse. I'm attempting to make good on the account, yet now I'm getting harassed by some agency who refuses to even speak to me but won't stop calling. I've never been in this situation and have no idea what to do. I have no problem getting a 0 balance on the card since I was the one who used it -- but since I requested 4+ months ago the card be canceled should I still have to pay ridiculous fees/charges? What about Encore, how do I handle it? ANY help is greatly appreciated. Thanks!


Submitted by AllAroundAQHAer on Tue, 11/22/2005 - 13:51

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Hi AllAroundAQHAer

Welcome to the forums.

While you requested Capital One to close the account sometime back, did you place a written request and return the card to them? If it is not done like this, most of the credit companies do not consider closure of the account. In that sense, the additionally charges are tucked on to the account until it is paid off.

Since you made an online payment to Capital One and they have accepted it, this means that your account is perhaps not sold to any outside collection agency. This also signifies that Encore is contacting you on false reasons. They may have got your contact information but they are not having any knowledge about the accounts. If so, ask them to validate the debt as it is your legal right to know the complete details. If they can provide you with complete debt validation, you can dispute with Capital One about them accepting payment from you. But right now, it seems that your account is with the creditors only. And the collection agency is trying to make money from you.

Deal with Encore using your federal rights guided in the fdcpa law. Request for a debt validation if they are holding your accounts. (Samples of debt validation letters are available in this forum).

Also mention in your letter that they are required to stop all collection activities until your debt is validated and you refuse to be communicated by phone. Leave some space to be contacted through mail only. This way, you won't completely cease and desist the collection efforts and you will be informed if they intend to take any legal actions against you. Though, they don't have base to do so.

Once they have received your letter, they are required to stop all collection activities. If they do so, it will be a violation of the federal rights and you will be in charge of taking legal actions against them with the help of your lawyer.

In that case, you will also like to record the phone calls and inform the caller that you wish to present it for legal actions against them. I suggest you to exercise your consumer rights so that this collection agency remains in the best of their behavior.

Hope this info comforts you a little and makes you feel stronger.

Regards
Roxette


Submitted by roxette on Tue, 11/22/2005 - 14:08

roxette

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HI---just my two cents worth here--If you guys don't mind me jumping in. :D Its to my experience that credit card companies will cancel and close out the card when you request...but ONLY after you have the balance paid in full. I was in your situation before. Credit card companies will not close out as long as you owe them money, as thats how they make their money off of you. fees and charges. This is also why debt consultants will tell you to NEVER just pay the bare monthly minimun on a credit card. THe fees alone will eat you up. I haven't been smart but I am teaching my 19 yr old daughter to be...she has a small credit card that she uses every month and when the billing cycle rolls around, we pay it completely off. every month we pay it off. no build up fees and charges that way.

But Once you have a zero balance, you can request for it to be closed and they will do so then. Hope I helped. I'm not an expert in the group here, (and God knows that my financial situation is a mess) just trying to help from experience.

smiles, shirley :D


Submitted by imkimssister on Tue, 11/22/2005 - 14:24

imkimssister

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Encore keeps calling me regarding a debt collection for someone else. I don't even know the person in question. I receive several calls a day. I sent a cease and desist letter via certified mail with request for return receipt. Any ideas as to what to do?


Submitted by on Tue, 11/22/2005 - 19:03

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my experience with encore is they ignore cease & desist letters and debt validation letters. We have filed a suit against them and our attorney has notified them to stop calling and sent them letters and they keep on calling. Today was 15 times. They keep stating that these motices have to go to capitol one. Our attorney questioned why does capitol onehave to be notified and they stated that the original creditor gets these notices not the collection agency. They are sadly wrong.


Submitted by Not so Lucky on Tue, 11/22/2005 - 19:13

Not so Lucky

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mom of twins

Allow me to add a small note here for your help. While you have filed a lawsuit against Encore, they will be asked to appear on the court on the specified date. If they fail to do, (I assume they will as they don't have a leg to stand on), you will win the case by default. The court will issue an order in your favor and this will be a statement repairing your bad credit. You can send to the bureaus and they will update your file. Also, you are likely to be legally compensated by Encore for the damages they have done so far.

I wish you all the best in your way and hope that you win this case.

Regards
Roxette


Submitted by roxette on Wed, 11/23/2005 - 09:05

roxette

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Some of the Capital Once offices are located in India. It becomes very difficult for them to send out validation letters, as it would be sent overseas. However, if you reach one of the reps located in the US, then you can get a validation letter sent.

I just spoke to representative today from Capital One, number on the caller ID was 800-955-6600.

Being late on payments sure does cause a hassle. I'm not sure if Encore is the same company I was dealing with. My account isn't in collections yet. It was a courtesy call.

Regards-
Mike


Submitted by Teleport on Wed, 11/23/2005 - 09:20

Teleport

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I figured out why Encore has been calling me in regards to someone else's debt. The person in question resides in the same apartment complex as I. I guess they figure someone would get fed up enough to tell this person to call them. Well, they found that someone. Me. I'm sending that person a letter.

Like I really want to get into my neighbor's personal business and all. It too embarrassing.


Submitted by on Thu, 11/24/2005 - 05:51

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Hi

Welcome to the forums.

As per the fdcpa laws, a CA is barred from calling any third person at regular intervals. He is allowed to call you for locating the person but this should be done once only.

I can understand the embarrassment here that you are going through. Have you written a formal letter to Encore giving it the most legal importance? They should desist all their collection activities with you after receiving your letter. Do send it certified with return receipt requested.

Hope it works out otherwise you will have to consult your attorney.

Regards
Roxette


Submitted by roxette on Thu, 11/24/2005 - 09:44

roxette

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Encore receivable keeps calling my number looking for someone whom I previously never heard of, who has never, ever had my phone number (I've had it 13 years). I've explained that to them, they say they're removing it, yet I continue to get calls. This has been going on for about 6 months. Finally, I laid it out for one of the calls last week. The guy says I have to give him the last 4 digits of my SS# if I want the calls to stop. I told him that was ridiculous and that I would do no such thing. He badgered me for it, so I told him to put me on with a supervisor. Then he said I wouldn't get any calls from them again.... Guess what? I've had a call every other day from them since, the last one yesterday.


Submitted by on Thu, 11/24/2005 - 17:01

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I did send a letter via certified mail with return receipt requested. I did that last week. I haven't received the receipt back as of this date. I didn't get any calls on Wednesday. Of course, today is a different day. I would be surprised if I didn't get any calls.


Submitted by on Fri, 11/25/2005 - 05:02

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Debt collection agencies are required to follow the federal and state laws while doing collections. There are several consumer protections laws that ensure your safety and restrict any of these agencies to continue bad activities.

A cease and desist letter should be sent to the collection agency for putting a stop to these calls. After receiving your letter which you should send through certified mail with return receipt requested, they should not place a single call except to inform you about any kind of legal actions.

If this federal law is violated, you are in charge of taking legal actions against them with the help of your attorney. Also, you should file your complaints at the FTC, BBB as well as the state attorney general office. The legal facet will keep them in the best of their behavior.


Submitted by roxette on Fri, 11/25/2005 - 09:10

roxette

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Encore called our home 27 times from 11-24 to 11-28. We were back at a funeral and when we got home they had filled up our machine with messgaes to call them immediately or further actin will be taken. They have no regard for the law. The messages will be forwared to the attorney today and I can't wait to get htese jerks in court.


Submitted by Not so Lucky on Tue, 11/29/2005 - 05:54

Not so Lucky

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