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

message to all.....

you MUST advise the collection agency that you are not the debtor, nor do you know them, nor is your # a good contact # for the debtor. if you simply say 'that person doesn't live here.' or something vague like that - of course they will keep calling!! it is perfectly legal for an agency to call someone until they either id themselves as the debtor or state they are calling a wrong #. some agencies are very large and collect for different creditors, so it is possible more than one department within the same collection agency also has your # by mistake. just because that company calls again, it doesn't mean it's from the same department in regards to the same debt.

Encore is collecting for Capitol One and has violated several fdcpa laws. They have received 3 certified mail with return receipt cease and desist and debt validation letters and also 3 faxed letters. They are not returning answers to our attorneys questions. A collection agency is SUPPOSE TO CEASE & DESIST once they receive the letter. Encore loves to ring the phone off the wall. That is why there are laws to protect us from people like Encore and other law breaking collection agencies!!!!!!

Hi Ms. Mom of Twins,

I've been following your history of posts with great concern. Like I stated in all of my previous posts, I am an honest fdcpa abiding third party collector who enjoys building rapport and earning the trust of borrowers who feel like they are backed into a corner.

I can't help but wonder, as I've been following your forum history, why you are getting all these creeps. To date, I see you've heard from First Credit of America, Asset Acceptance I believe, and now Encore Recievables, all who are charlatans if they liberally violate the FDCPA. There are stiff penalties for FDCPA violations for both collector and agency. These clowns really shoot themselves in the foot, don't they?

When my husband and I had a run in with First Credit of America, what stands out the most was the fact that they were collecting on something completely penny ante that my husband didn't even owe. It was for some credit report website that stipulated "cancel within five days and you will not be charged" he cancellled within five days, and three months later, recieved that call from this 'tard who completely bumbled his way through the conversation. What really cracked me up is that the guy said that there was a five dollar charge for pay-by-phone and a fifteen dollar charge for all mail-in payments. How farcical is that???

Bottom line, I want to help you. I'm very disturbed by the fact that all of your past due accounts are going to these unlawful agencies. There are some pieces of advice I want to share with you about how you can handle this without talking to them. When they call, just state that you will respond by mail and hang up. Also, if possible, get call intercept or privacy manager service from your phone company. These services screen your calls for you by not allowing unidentified calls to go through, it was originally designed to impede telemarketers but they also do well to let you know that there is probably another insane collector calling.

If I can think of anything else I will post it with one of your topics.

Good luck and take care of those twins!
Ari

Hi Ari

Thanks for the suggestion to mom of twin in this forum.

This forum is coming up with an exclusive log in ID for our members. This registration will be apart from the normal sign ups for debt consolidation programs.

The whole community will appreciate your signing up in the forums and offer further help.

Regards
Roxette

Ari,
Our whole problem started when we had 2000.00 stolen out of our checking account. When this happened, we fell behind on all bills including payday loans. We are finally getting back on track and all hell breaks loose with the scum sucking collection agencies. It is hard to bounce back from losing $2000.00 and the bank was no help at all because the stated we were careless with our account number. I use to pay everything online, but know it is paid my money order. Some of the creditors have no feelings for people in our situation. We sent all creditors and payday loan places a copy of the police report, FBI report and some were fine and worked with us. The rest said it was an excuse and the reports were fradulant. This is a summary of why we are in the shape were in and why we were turned over to Encore, the worst collection agency around!!!!

I received a letter from Encore stating that I had been turned over by Texaco/Shell for a balance of $33.00. I was so shocked so I immediately called Encore and paid over the phone with a check. I googled them and it said if you have received correspondence from them to call. That seemed a little weird to me so affter thinking this over (fraud went through my mind) I put a stop pay on the check. I called Texaco this morning and they said yes that it had been turned over to Encore so I called them back and told them what I had done because I didn't feel they were a legitimate firm. "Michelle" was rude from the get go. In a very condescending tone she said "As a mother and grandmother I don't work for a backyard firm." So we both started to talk at once and she said "I will not talk over you either you will talk or I will talk - what will it be?" I said just let me explain. I kept trying to pay but it was useless - she told me I had to go to a Western Union and wire the money then she said I won't talk to you while you are angry and I said I wasn't angry and that normally I don't get angry and in the most condescending manner said "You've never gotten angry?" Anyway I said I would call the bank and take the stop pay off. She said "Oh yes we need to take care of this big $33 debt." I did call the bank and get the stop pay taken off and I called Encore back and told them and she said it would be fine if the check cleared!!!!! Needless to say by the end of this I was getting pretty bent out of shape.

SueSue

You might have realized the attitude of Encore by now. Since they were holding your debt account and you have paid the required money to them, it is their responsibility to update your CR with the bureaus. Do check your file and see if the said account has been shown as 'paid'. As long as the account is not updated, it will not give a good view to your future lenders and you will not be sure whether the money has actually gone to your debt account. So, request Encore to update your account if they have not done it so far.

Regards
Roxette

Dear Mom of Twins,

My heart goes out to you in this most dreadful situation. It is in it's most true sense an injustice. Overall, I'm so sorry you're under seige by all these creeps.

I hope you have contacted the Attorney General of Massachusetts concerning the disgusting behavior of the Encore people.

Good luck and take care

Ari

Hi again,

With your situation still weighing heavily on my mind, I thought of something.

You seem to be writing an endless amount of cease comms. You are writing and writing until your arm practically falls off. Yet you still get calls. Since we are talking about a couple of agencies who don't follow federal laws, I don't think your cease comms are making any headway.

Time to think about your own peace of mind, rather than throwing the book at them because from what you are posting, it looks like the cease comms are egging them on. What I suggest is that you call the phone company, and change your phone number to an unlisted number, also request that the phone company does not give out your number under any circumstances. Also, tell your friends and family to keep your new number secret. This way, your unlisted number will never be revealed in any skiptracing effort. Websites like Accurint.com, SearchAmerica.com, and SearchBug.com, can't make unlisted phone numbers available.

Take care,

Ari

Ari, that's a good suggestion. Maybe Mom of Twins will like to change her phone number.

Once you have changed your phone number, and apply for new credit, try to pay to your creditors without letting it go to any collection agency. Otherwise, these same dirty tricks will start again.

Encore has finally quit calling and now the phone doesn't ring off the wall. THey sent a letter to our attorney that they have decided to cease phone communication and send account back. They apologize for any inconvience. They need not apologize to me for the hell they have put me through. It is sad that people have to take extra steps to protect themselves from ca's like these people.

mom of twins

I am happy to hear the good news. :D

I know you had to go through so much of pain dealing with this company but at the end, you feel happy that you had been successful with your moves.

Cheers !! :D

Roxette,
There are times when I just want to give up and say the hell with it all. Then I look at my 4 kids and think, you have to keep fighting and get myself out of this mess. Both my husband and myself have learned a valuable lesson. Stay away from payday loans, they put you deep in debt and stay away from things that seem to good to be true. I have learned alot from these forums about how to deal with the ca's. We are beginning to see daylight and it feels pretty good. I am not afraid to answer the phone anymore. Thank you to all who have helped me with advise on how to handle things.

Dear Mom of Twins,

I am glad to see you have your confidence back. Remember that every problem has a solution, and that nothing lasts forever, especially money trouble.

well, I don't mean to be a downer, I promise I don't. But this might not be over for you. The calls have stopped and thats the main thing right now---but when Encore sends the account back, the original creditor will then decide what he wants to do next, and it could go right back out to another Collection agency. I have had this happen to me. Collection Agency tells me that they're no longer going to pursue due to disputes and says they're going to send it back to original creditor. Several weeks/couple of months later, I'm hearing from yet another collection agency. I have also read in the forums that sometime when several collection agencys fail the task, it goes back to the original creditor and they may take you to court. I guess they decide at that time (when it lands back on their desk), if they want to drop it or pursue it further.

I know you're thrilled that the phone calls have stopped and you're no longer having to deal with these jerks. Thats a tremendous burden lifted in itself. But I thought, going on my experience, that you should know what may happen next (if you didn't already know). Again, this is my experience. You may not hear another word about this, and I hope you don't!! But I didn't want you to be caught blind sided.
GOod luck with this!
Shirley

We have talked to Capitol One and stated and faxed all the proof of what Encore has done over the past few months and they have agreed to a payment plan to fit our budget. Once my husbands year end bonus gets here, most of our credit card problems will be taken care of. Thank god for year end bonuses and tax refunds.

Like I stated before, it is so nice to answer the phone or switch to another call and not have to worry about who is on the other end. All of you have made me realize that there is light at the end of the tunnel.

wow!! I am soooo happy for you. you're lucky that you're able to work with the original creditor again and that they're accepting an affordable payment plan. That is GREAT news!!!!! And with you being able to answer your phone again without fear is huge!! I'm happy for you!
have a great day! Shirley

Hi. I also work for a 3rd Party Collections Agency and from what i know, we send validation notices 5 days from the date of first contact/call to a debtor. But before that, the client, in this case, Capitol-One, would have sent THEIR letter stating that a consumer's account has been forwarded to a Collections Agency. Anyway... just clearing things up. Thanks. =)

A complete bunch of morons. I have been dealing with them now for 150 days they lie, harass, seems I am always talking to a SENIOR ASSOCIATE and that I cann't get anywhere with them. Losers

Monte

Do not let Encore harass you in this illegal way. Put your complaints at the local DA's office against this collection agency. The office must be already having lots of complaints against them. You should also add one more complaint in the DA's office. Send a copy of your complaint to the FTC and the BBB so that they are forced to take action against them.

Our Capital One account is past due due to defaulting one time, and then not being able to pay the amount they wanted (defaulted to 25.9%).

We started receiving calls from a man who would just say he needed to speak to my husband regarding a personal matter. When he did speak to him finially, he never said where he was calling from, just said he's calling to collect $ for Capital One. We never received a letter from any collection agencies regarding the Capital One account.

He has become such a rude jerk! He's told me to get a job, start looking around our house to find stuff to sell to pay off the debt. He's just ignorant. We've tried to set up some type of reasonable payment plan, but he says only $300-$400 is reasonable for him. Hello, if I had it, would I be talking to him! He now calls once a day and leaves a message demanding he get a call back the same day the message is left.

He has never told us where he's from. We checked my husbands credit report and noticed Encore REcievables Management on the injury portion. SInce this in the only account we have in bad standings, I'm thinking this is them. When he calls again, I'm asking where he's from, and getting an address to send a debt verification letter to him.

From reading what others have posted, I take this company has been in trouble with doing business wrong?

I'd appreciate any advice on how to settle this debt? Should I write Capital One a letter requesting a payment plan I can afford, and ask them to stop charging late fees and interest. Has anyone tried this before?

Thanks in advance!

Hello!!
Post the phone number here in the forum of the number thats showing on your caller ID and also the number that they leave for you to call back (if not the same number), I'm sure that someone here can tell you whether its encore or not.
If it is, slap a validation request on them...also, don't forget to add in a DO NOT CALL paragraph at the bottom of the letter, telling them not to call your home or job, written correspondence only.
I heard from Encore and once I sent out a validation request to them, I haven't heard another word from them since.
Hope this has helped. Don't forget to post those numbers so maybe someone can tell you who it is.
:D Shirley

We don't have caller id :-(.

I am going to write Capital One a letter to see if they will work something out with us. I'm not going to hold my breath though......

I will ask him the next time he calls where he's from, and will get an address to send him a debt verification letter. I will add a do not call paragraph (thanks for that suggestion).

My husband is just worried they will end up taking us to court and suing us or attaching his wages. We owe them with late fees and interest $7500. I know all states have different laws, we live in Pa.

Thanks :)

do they leave a number for you to return their call?
If I don't know who it is, I call them back, using *67 before the number (it blocks my name from showing up on their caller ID) and see what they say upon answering the phone. If all else fails, I will bring the number in here to see if anyone else might know who it is. Its important that you find out who it is so you can send them a 'do not call' letter and also debt validation. good luck with this. :D Shirley

Hi Guest,

Shirley has advised you very nicely on this matter. You need to be sure whether Encore is holding your account legitimately. Chances are that they may not have the details and have reported on your CR fraudulently. You need to get your debt validated and make sure that they are using the legal norms. If they don't validate the debt within 30 days after you have sent the letter, send the copies to the credit bureau about reporting this account with all the letters sent to Encore. They will review the matter and remove the derogatory remark from your file. Simultaneously, you can file a case against Encore for hitting your CR without legitimate purpose. Consult an attorney who specializes in the lawsuits of fdcpa and FCRA violations. The address to contact Encore Receivables is:
Encore Receivable Management
400 N Rogers Rd
Olathe, KS 66062
Telephone: (913) 782-3333
Fax: (913) 782-3303

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

Make sure that you do all your correspondences certified with return receipt requested. You will be able to track all the communication done with them.

Well, we received another call from our "friend" this am. I was able to get his name, number, address and he admitted to working for Encore. He gave me the following info:

His name Michael James
Number 1-800-348-7577
Address Po Box 85520
Richmond, VA 23276

I'm sending a DV with the signature receipt like you said.

Thanks for being such a BIG help! We really appreciate people like yous.

I found out that the Richmond VA address he gave me is for Capital 1. Why did he give me their address to mail it to, when he's the one calling and being a big bug?

Which address should I send the DV to? :?

This gives me a headache!

Thanks again!

Do I need to address the letter to the guy who's been calling, or just the company?

Thanks

Encore Receivable Management, Inc. is located in Las Vegas. Since you are dealing with this company, I think, you have to send your DV to them only. They should provide you all the details of your account. If you feel anything wrong, dispute it within 30 days from receiving the letter.

You can address to the company in the DV letter - that will be ok.

Before sending the CMRRR to Encore, you may contact Capital One to see if they are willing to settle the account. In that case, ask them to withdraw your name from Encore Receivables. You can directly pay the due amount to Capital One then.

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!

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!

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.

:?

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!

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.

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.

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?

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

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.

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.

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

that reage plan is great. It's pretty rare we can use it but if it's avail to you then take it. What it does is we agree to accept those payments instead of the full amount of payments u missed and restart you at 0 days delinquent. This will not take you out of bieng over limit however so if you are get yourself under asap. Once under limit you can try and negotiate your apr as I'm sure it has been raised to 25 or so because of delinquency

Forgot to mention. All of those offers are on a timer not always available so take advantage when it's offered. They won't put those offers in writing because they are only valid for short periods of time. chances are your first payment has to be recieved within 14 days of when it was setup or it will be void.

That sounds good, however your collection reps never allow us to talk to you and the supervisors are not very cooperative. Now what you suggest collection manager?

The reps have the same access to pretty much everything we do. Generally us getting on the phone is only when we have made a mistake (yes we make plenty) or if someone is irrate but then we are less likely to be as helpful. The computer system reviews the accounts and tells us whats allowed on each. 90% of it is helping you find what your budget will allow and our experienced collectors are very good at that. Say you haven't made yer min payment in 3 months so u have a fee for that every month and your credit is showing 60 days delinquent. Don't worry about the overlimit at this point we only report delinquency. Making the amount of payments missed stops the fess and brings you up to date on the credit bureau...making just you normal min payment (always 3% of your total balance) will hold you at 60 days until you are able to make more. When you speak with us the more you are willing to pay and the more arrangements you set the more we can do. #1 rule if you set up checks over the phone we can do more for you because you are less likely to call in and cancel than to just change your mind if you chose a different method. Tell them when yer paydays are and what you can afford and let them work on it with you. Collectors comision is split 60/40 based on 60% being # of accounts you bring out of collections in a month and 40% on how much money you collect. just fyi they don't get credit for money above what it takes to get you current so they aren't usually trying to oversell you it wastes time and it's better to get it done and move on cause the real money is how many accounts you bring out of collection. A customer that can use thier card is making us more money than someone in collections not paying. We do want to help you. If you think the rep is rude or doesn't know what they are doing...hang up and call back. It's much faster and you are more likely to get better service than if you get upset and wait for a manager. that about covers the basics but if anyone has more specific problems and wants my suggestions feel free to post I like what I do and I got to where I am by helping people in your situation.

fyi- not to upset anyone but don't bother recording calls they are in-admissable in court as you must advise us you are recording and our policy is to tell you we do not permit it. However...you can subpeona ours as well as the full documented history on the account. We do not record all calls but we do record some mostly for the purpose of evaluating our reps and improving on thier skills and correcting there errors for future.