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

billyandstarlasmom, i would call the phone number on the back of your card, this should get you to capone customer service if you call from a deferent number then we have on file we dont use numbers you call us on as good numbers to get ahold of the card holder but if your worried about this use a pay phone... customer service will be able to give you the correct number and department for you to contact in regards to your account i hope that what your saying is not true because it sounds like it charged off 2 days ago if thats the case you may have to wait while another agency is in the process of purchasing your account and collecting all relevant information from capone : (

The relationship between Capital One and Encore is this.
Capital One DOES NOT do any of their own collections. They contract Encore and Asset Acceptance to do that for them under their own name(Capital One). Have you ever noticed no matter HOW hard you press they will not confirm they are with Capital One, but also will not tell you who they really work for, they just keep saying "collections" over and over.

In this instance they are basically contract employees of Capital One, working under their name, as such in this particular instance the fdcpa does not apply to them, as they would be considered "Original Creditor". It is not right but it is a loop hole in the laws that has been allowed to remain.
Note to Encore manager: Don't get into the "first party, third party" thing. The laws do not recognize 1st and 3rd partry. The FDCPA defines only "Original Creditor" or "collector". Saying, 1st party, 3rd party, etc is an attempt to blur the lines and skirt around the intent and spirit of the law, especially considering Encore does both for the same client (however when they send account to Encore's 3rd party collections , then they ARE governed by FDCPA).





I agree with you assertion that this has been used by some as a stall tactic, however, if collection agencies would actually comply with this important step, rather than play games, not validate, or send accounts off to another CA, then you could get past this point and right to doing what your are hired to do, collect the account. The truth of the matter is most collection agencies can not validate, and are reluctant to go to their client and request this information, as it shows they cannot necessarily perform the service they were hired to do without taxing the resources of the client. Eventually the client may figure they could do it them selves and enjoy all the money they are entitled to rather than having to split it with the CA.

AS for you comment about a Cease and desist letter not being honored because it is sent to the wrong office, this is the exact reason Collection Agencies establish multiple offices. This is also a stall tactic on the part of the CA to prevent consumers from exercising their legal rights within the 30 days as allowed under the FDCPA. The office actually handling the debt should be CLEARLY listed on the Dunning letter, not jumbled with two or three different offices.

Encore (or any Collection agency) should readily give that information with out hesitation, however most won't hopeing the consumer sends their dispute or validation request to the wrong office so they can turn around and say "we never received it" or "it went to the wrong place, send it again, but your thirty days is past, we assume the debt is valid". Nice games.

I also notice you never explained how I could go about getting a zero balance letter form Encore? The office collecting on my sprint bill was the Olathe Kansas ( and where I sent the payment) but when I call back to get the letter, no one know anything and tells me to call the Las Vegas Office, I call there, they don't do that. I paid what I was supposed to, why wont Encore put it in witting?

You have shared a wealth of information and your participation here is always welcome.

Wow, i have to say im very impressed, your right that is used as a stall tactic on both ends... however we will freely and without heisitation give you capone's general correspondance address...

Furthermore, i appoligize about not answering your question... first of all was this a recoveries account being that you sent the payment directly to us i have the feeling that it was but im not certain... call us back and ask to speak with a supervisor and explain the situation... just tell them you would like a payoff letter for your recs more then likely one was sent however it was lost in the mail...or its possible that they didnt send one at all i dont know because i do not work in that department unfortunitly encore has over 40 diffrent clients right now and each client has different standards, rules, and regulations again im not sure how they operate so i cant give you a definit answer... However your best bet is going to be to call and speak with a sup.

Encore Manager----"Guest, take it or leave it buddy, I apologized and re-explained your question thoroughly if that????????s not good enough for you that????????s not my problem..."

First of all, I see an apology that was from a "guest". My crystal ball is broken and I was not aware that was from you. Second, don't call me buddy. Very unprofessional. Third, one of the members of this site (LCW) has answered my question. Your explanation even after it was re-ex-plained was still very vague.

Guest, apparently your common sense must be broken too? your the only person who wasnt able to put A and B together... however, i did not come on this forum to bicker, or argue, with anyone. i came to provide information, some you probably already knew, and some you didnt, some you'll use, and some you wont, eitherway its free advice from someone on the inside.

LCW, please try to contact encore today, or monday, (weekends are typically ran by our part-time staff and i would rather you speak with a full-time supervisor to insure your letter is mailed off correctly and when its supposed to be not shuffled from one desk to another because that part-timer wont be back until next wensday..)and let me know how it goes, if all else fails i'll go over and speak with them, and see what i can do as far as getting you your payoff letter, or no bs/runaround and tell you the right channels to go through to get it...let me know

I live in Haverhill, so I am going to take a trip to Lawrence(right next to Haverhill) and I am going to ask to speak with a manager. I will be bringing these posts with me.

OK, I have not involved myself in this discussion until I read your post to LCW. Actually, your post forces me to think for a while that you are finally accepting your company's part of the mistake and you want to get it resolved. Right??

Don't get me wrong, but this is what happening with most? Everyone has some problems which is not heard properly by the company staff. Moreover, your staff tries to intimidate people at certain situations. You actually have to look inside your company operations also besides correcting the customers' and visitors' lines here. Once again, don't get me wrong here for a thought put reasonably.

Guest, again bud i could care less what you do, good luck with that, and let me know how it goes!

guns&roses no, your fine this isnt an argument its a discussion so whatever is whatever. but im not sure i completely understand your question if what your saying is that most people that we deal with, something isn't done the right way, then no... its really quite the opposite, most of our accounts are handled with out flaws however we just like every other company are not immune to human error it does happen, but alot of these "problems" are self inflicted by the debtor for example the mailing to a wrong address, also the U.S postal service as a whole is horrible! short of putting a tracker on every piece of mail sent, your rolling dice. keep in mind in my dept. we have over 100,000 accounts more then likely there are several million statements going out each month, many coming back because of being partially riped, damaged or labeled suspicious, return addresses, people moving ect. a number of those statements, payoff letters, settlement offers, even there junk mail, is going to get lost... again not to say we dont make our fair share of bona fide errors but no it is not the norm.

I also wanted to state i have complete confidence in our part-time staff and they are able to handle any immediate issues or problems anyone might have, i only want to minimize the chances of your payoff letter taking more time then needed due to it having to change hands, and responsibility more then once

encoremanager, you never really fully reply to all
questions or comments posted here. you do a great job of just answering enough(in your opinion), but not completely. you comments are good, but how about making them complete? and don't get so huffy when someone has follow up questions!

Hello, I am knew to this and encore keeps calling my cell phone asking for my brother-n-law and when I ask what this is about and how did they get MY cell phone number, they just tell me it is a private matter. That happened twice and now they called 3 times yesterday and never said a word. This is not even my home phone but my cell phone and I really need to get them stopped. They always call late in the even. What exactly needs to be put in a Cease to desist letter?

Frame your own cease and desist letter through this sample letter here.

http://www.debtconsolidationcare.com/template-cdletter.html

Encore should stop all collection attempts after they have received your request. If you can't prove your letter sent to them, you stand nowhere. Send it through certified mail with return receipt so that you have their green copy signed.

Encore doesn't go by a cease and desist letter. They claim they are exempt from them. They are a 3rd party collection agency and they have to obide when the letter is received. They also will not validate a debt because they claim they don't have to validate and prove anything. Be absolutely sure you send the letter certified mail with return receipt so when they violate the letter, you have proof you sent it and they received it.

Thank you for the sample letter, I will get one ready to mail this week. This is not even our debt at all but I have already had 2 calls where they say nothing this morning. That is not professional at all. Thanks again for all of your advice.

When encore is working as a contractor for capital one doing their "in house" collections, they are working under Capital One's name, and enjoy the same protections and exemptions as if they were actually capital one (i.e Original Creditors). The fdcpa defines "original Creditors" and "Collectors". If Encore is working under C1's name, they are considered to be Original creditors. when it is sent from "in House" collections ( the "collections Department" at capitol one to "Out Side collections, this is where they become bound be the FDCPA. It is a gray area, where it is very important to know your current actual account status to know which laws do or do not apply to them in that situation.

Thanks Clay for clearing that up for me. I thought even though they are in house collections, they had to go by the fdcpa.

I want to add another story to the list. We're actually battleing it out now. A couple of years ago I went through cancer treatments and needless to say, my financial status suffered. I got a call from Encore in Feb 2005. I had a credit card with 2000 on it and they agreed to take a settlement of 1000 which I borrowd from my mom and did!! Was it over? NO Over a year later, another collection agency contacted me about this same account. I explained my situation and they agreed to send it back to the creditor. I got another notice just about a month ago about this SAME bill. They are trying to work this out with me, but I can't pay that again.

Capital One called me for a month with three to eight calls a day asking for a Mark on my cell phone. They also spammed me about 20 times with junk mail saying I had been pre-approved for a Capital One card. I don't know who Mark even is and told them they had the wrong number and to stop harassing me. Finally Capital One stopped calling but now Encore Management just started calling and harassing me. What are my legal actions? What can be done? I found this website through google.

The number that has been calling today and yesterday is 1-888-447-4169. The Capital One number is: 1-800-955-6600 and 1-800-955-7070. Sometimes both Capital One and Encore will call 5 minutes later with "restricted" or "unavailable" showing on my cell phone.

I registered with www.DoNotCall.gov but heard they don't work. Maybe, it doesn't even apply to these types of people.

If it helps with your case, I'm the receptionist at a company where they have been calling me several times a day looking for an employee who no longer works here. Are they allowed to harass people at work? Their recordings are getting rather annoying. If anyone wants to contact me it's email address removed as per forum rules - Mike
. I'll provide any help I can.

I called Encore back. Told them I didn't know Mark * and they agreed to take my number off their list and I shouldn't receieve anymore calls.

Nope! They lied..the calling continues! What to do? I own no debt to capital..it is not me they are looking for.

what is encore? and why are they calling me?

Encore is a collection agency. Do you have a past debt and the file is now with them? Call Encore for specific information. You may need to send a debt validation letter in order to get the details of the debt before making a payment. Be sure that you send your money to the right company and they are authorized for this collection. If they have your file, money will be posted towards your account after you do a payment.

Has anyone heard of this co./They have left some horrible messages on my phone. Threating me, etc.
Thanks!

I just started getting the same calls, same situation, no one is there when I answer. I called my local phone company and they said that as soon as I hang up, dial *57. You have to do this three times, but then the number will be submitted to the phone company and to the local law enforcement at a harrassing call. I haven't had the opportunity to try it yet, but maybe it will help you too.

We jsut received a report from Experian that they have been reporting an outstanding debt of FIFTY DOLLARS since as early as Sept of 2004. No clue who these guys are but glad to find this old blog :)

These idiots keep calling me about someone I don't even know and they are driving me crazy!

Instead of looking for ways to skirt the issue and redirect the blame, why don't you just pay your bills. I am so tired of reading these sad little posts from people who borrow money and then can't or more likely won't pay it back. Why don't you just cowboy up and pay your bills.

Paytime, what exactly is your point in posting what you did? Not everyone here is trying to redirect blame or get out of paying bills. Posts like yours really bother me. Your attitude stinks. If you are so tired of these sad little posts, then go away. What brought you to this site in the first place? Why don't you saddle up and ride off into the sunset.

I have started a six month payment plan with this collection agency, I gave them my checking account number and routing number... can they take out more than what we agreed on?

You should never give a collection agency your checking account number. Always send a money order certified mail with return receipt. Especially when it is Encore.

yo i work for encore and we only take the funds on the dates that we will agree upon with our cardholders.. the company will be in violation of fdcpa law if we do something foolish with your acct. and the reason why the account was transferred to collections is bec it was not being paid for a long time already.

You work for Encore????????

Doing what,Grammar Management?? Science of syntax??

YIKES!!!!!!!!!!!!!!

blah blah
blah.. you got anything smart to say..?

yo arnel, if you are looking for someone to argue back and forth with GO SOMEWHERE ELSE. This is a very helpful site where people swap information regarding debt. What is your point in coming here? Do YOU have anything smart to say..?

i worked for a CA that follows the law to the tee, but when it comes down to post dated checks CA's will give you the run around if you call and say do not send the check, the funds are not avail. They send the check, it is returned and now we have to call and tell the dbtr that we have a worthless check. It sucks because it scares the crap out of the dbtr and the funny thing is that you can not be prosicuted for a post dated check, but a lot of consumers do not know that. Tammy is right and i must agree.

ok ask anything about encore and i'll answer it

PAYTIME

Why should people just cowboy up and pay bills that arent real or dont belong to the people certain collection agencies are trying to collect?
Would you pay someone elses credit card bill just becuase some collection agent wants a paycheck? Doubt it.

I have not received a letter nor a call. I just noticed on my credit report that I have an upaid balance of $203.00. I have no idea what this is for. How do I get this off of my credit report?

I received 3 calls today from 888-447-4169. Nobody is on the other end when I answer. I found this site through google & have read quite a few posts. I don't have a capital one card & I'm not sure why they are calling... Kinda hard to know why they are calling and who they are looking for when they don't talk to you when they call.

Whats the best way to handle this????

Keeps calling, over one year, looking for Daniel Schlegel, wrong phone number, keep telling me they delete my phone number, keep calling

Encore Manager and Arnel,

If your business is legitimate, please, PLEASE explain to me and all participating members of this forum why your company fails to identify itself in phonecalls, and leaves five messages a WEEK on my phone. I am a completely debt-free individual, and this kind of fraud and harassment is illegal.

Cheerfully awaiting your next foot-in mouth experience,

~debt free, harassed person who has finally decided to buck it up and take this higher.

PS: look out - someone will come for you soon. You're in legal trouble.

Lookout Encore!! Looks like you have screwed with the wrong person yet again.

"why your company fails to identify itself in phonecalls, and leaves five messages a WEEK on my phone. I am a completely debt-free individual, and this kind of fraud and harassment is illegal."


- we are only allowed to say were calling from encore if talking to a third party. not encore receivable management. chances are , third party may have an idea that this is debts if we mention the whole company name. we can only disclose information on the debt with the debtor or the spouse - if allowed by state laws.
we can leave messages once per day. we are allowed to call once per day. define once per day - the calls that we actually spoke with someone.

so there. any more questions..?

and you guys are being called bec u have debts. deal with it.

I've had a horrible experience with these people too. I legitimitly owe a balance on a credit card, but I went through divorce and near bankruptcy. I was unable to pay. Of course the card went to Encore. I repeatdly told them I had an attorney working on my affairs, gave them her number etc. My intention remains to work a settlement and pay this debt. No dice, still a recorded call everyday from "Bill Maurice" and to call ASAP. This past Wednesday, fed up, I called back and was lucky enough (sarcasm) to get "Cameron", whom I had told before to deal with my lawyer. I told him yet again I would not directly deal with Encore, he reluctantly agreed to call her, but not without a parting insult before hanging up in my face. When he and my lawyer finally spoke, he claimed he spoke to me many times, and everytime I swore a blue streak at him. More lies.

Encore, just wait, there will be yet someone else going after you. Laugh if you want, but you'll get yours. And soon :)

Actually armirondo, you never really answered a couple, though I will say they weren't phrased as a question, so it's understandable. Let me ask them:

When you call a collector and they say you have the wrong number or person, can they request that you stop calling? Now, I understand some people my lie cuz they really are the person (some debtors can be just as wrong as some debt collectors). So, what can a person that is truly NOT the person you are contacting do to stop the phone calls to their number?

just tell that it's a wrong number and the collector will take the number off the list. of course there are notes on the account file, we have to document what happens with every call. and debtors usually lie that its a wrong number, logic and analytical thinking is all it takes to know that IT IS the right number.

if some one calls you up and goes you need to give me money who has to show proof