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

Wow, totally righteous dude, that's some gnarly stuff, whoa man. Like totally tripindicular dude. Seems like you got some good ganja man, can I have a hit dude

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man u make me laugh. real hard.

so what are you trying to say really?
that to all our debtors not no deal with our company..?

lemme tell you something pal. s**t happens in this world and credit card accounts are almost all the time messed up. now its not our freaking fault, the account were just transferred to our office automatically. if you continue to neglect this it will show in your credit report. that's just the bottom line. now i'd be happy to address serious customer's concern not some wanna be sky diver that copy pastes everything off the net.

but first answer the question. what really is your point?

You make a report to the credit bureaus without proper validation, and you have committed a crime. So, be sure you follow the law, Mr. CAPS LOCK. If you are a genious at collecting, then you do know reporting a debt to the credit bureaus will cost your company, and perhaps even the individual collector, a lot of money for damages.

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:twisted:

they wont stop calling. I agreed to "take a message" and that got them off my back for today but 10 bucks says they'll call tomarrow. They call continusly throughout the day, early in the morrning and late at night. I'm going to play a couple jokes on them until the calls start b/c its realy annoying. It's not even me they want so why call my house?

then answer the phone or call the number and tell outright it's a wrong number. that easy pal. we transfer 'em back to skiptrace. problem solved.

better idea--why dont you shut the hell up and try following the law instead of your constant stream of crap? the guy isnt even the one they are looking for but they keep calling his house even after being told-thats illegal harassment, moron.

then answer the phone or call the number and tell outright it's a wrong number. that easy pal. we transfer 'em back to skiptrace. problem solved.

then answer the phone or call the number and tell outright it's a wrong number. that easy pal. we transfer 'em back to skiptrace. problem solved.

You cant be serious....you didnt get the point that he already told them this? Lets think now, they keep calling...and calling...and calling...why wouldnt he tell them its the wrong number?

Oh, by the way, I know about skip tracing, and it is not "problem solved". Skip tracing will provide the last known phone number for someone. That is not "problem solved" because in a lot of cases, people move and dont get another landline phone. So, the info that skip tracing pulls up is not always current.

Guest--dont take any more "messages" for that person, because they will now believe that your number is a legitimate way to reach this person. You need to flat out inform them not to call you anymore, that the person they are looking for cannot be reached at your number. And then, send them a cease and desist letter informing them that you will sue them for their own stupidity and ignorance concerning the law. Well, dont word it like that, you know what I mean, but if the calls still come after that, you will have grounds for a legitimate lawsuit. And then, caps lock will have to face the reality of yet one more encore screwup, one more piece of proof that encore doesnt follow the law.

now here's the problem.
the next time they call. tell them it's a wrong number and have the number be deleted off the dialer. now how hard is that..?

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you really dont have anything to do? dont you?

now what happens with guest if he doesnt take any moremessgaes from encore instead of saying it's a wrong no.? answer that one.

what happens?? It looks like this--he has a couple options...

1--DO NOT ANSWER THE PHONE....he could simply let it ring. In which case, ERMI will call and call and call. How do I know?? They did it to me. At one point, I had gotten seven phone calls in less than 20 minutes from you morons. Well, looks like this one's not gonna stop the ILLEGAL HARASSMENT, now is it?

2--TELL THEM IT IS A WRONG NUMBER....already been done from the sound of it. How much good did it do, caps lock??? BE HONEST....if they listened like they were supposed to, he wouldnt have had to post here that they still call. You need proof?? Look no further than this very thread, and you will see things like this:

Page 15--

[quote]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.
[/quote]
Same poster:

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I truly despise those people who come here and attempt to display that their collection tactics are the consumers fault. "You made me threaten you with arrest". "You caused me to become irate and utilize profanity and threaten your children." "I continue to call, even after you told me it was the wrong number, but my boss is putting a lot of pressure on me, and this number is the only one I have".

harassment is calling over and over again without purpose. debtors are being called bec. they have a debt they need to pay. :D

Guest please do yourself a favor and read the Fdcpa.There is a link in my signature.It specifically states causing the phone to ring excessively is a violation of federal law triggering a claim of up to $1000 statutory damages,actual damages,attorney fees,costs,and quite possibly punitive damages.You should also be aware that individual collectors can be sued personally under this statute.

HARRASMENT OF ABUSE

Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

my 2 cents. there was nevet the intent to annoy, abuse or harass any person. the intent was to collect on the unpaid debt.

and regarding debt validation.

a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

ERMI sends notices to mailing address immediately once the account reaches our office. so there you go. validation.

caps lock, you really need to get a grip on reality.

I dont care what you claim the intent was. And the court doesnt either. When that many calls are being made that A REASONABLE PERSON WOULD CONSIDER IT ANNOYING OR HARASSING, then your so-called intent just went down the crapper. Dont believe me? Fine--call my house five times in a half hour, every day, for the next week....and let me show you by suing you. And when the judge sees the point, perhaps you finally will. You see, your "intent" is really not at issue in this matter--it is obvious you are trying to collect money. What is at issue is what is reasonable. And your company, quite frankly, is not reasonable.

Oh, validation?? You clearly dont even know what the word means. Your company sends a notice--well, I never got anything at the beginning, but thats ok, you keep lying to yourself about what ERMI does every time--but that notice IS NOT VALIDATION. Your company sends a notice that lists an account number, a balance, and maybe the original creditor....who the hell lied to you and told you that this constitutes calidation under the law?? IT DOESNT. Not by a long shot. Just so you can finally get educated, since your employer doesnt know how to do that themselves, validation under the law does the following:

1--provides proof that the consumer did in fact open the account with original creditor--that it is truly his/her debt.

2--provides proof that the CA is authorized by law to collect on the debt.

3--provides proof of the amount you claim the consumer owes.

If your "statement" does not do those things, then SURPRISE!! It isnt validation. Validation is not just some letter that ERMI types up, either--documentation must come from the original creditor, and not be internally sourced like what youre talking about.

Are you sure you even work in the collection business?? Because you sure dont know squat about the law that governs it!

of course it's not just us that sends the letters. GE money ( financer of ERMI debts ) also sends them out. any more complaints..?

yeah the intent is really to collect the money. what do you think were trying to do?
call you up and ask how are you doing?

im so excited when i wake up in the morning wondering what excuses youre going to come up with. haha.

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As caps lock realized,I don't answer his questions anymore.I no longer have the time or desire to try to explain the clear meaning of a law when said person has no desire to learn it or even respond in a meaningful manner. This is a open forum and everyone including you are still welcome providing rules are followed. I will let the other members hash it out from now on as I am very busy helping people with their problems.

sky diver you're not seeing the big picture. it's not harrassment.repeat that 100 times and maybe you'll get the idea.

caps lock, YOURE not seeing the big picture--YOU DONT GET TO MAKE THAT DETERMINATION.

The courts use the standard of "would a reasonable person feel harassed?".....since you work for a slimeball operation that is allergic to honesty, you are hardly a reasonable person.

Tell me, if you think you know so much, why are courts all across this country finding in favor of consumers that sue these moronic companies?? In the end, you still have no clue. You have been plainly wrong about what the fdcpa requires, I dont think you have gotten even one thing right thus far. You have changed your tune each time you get caught in a lie. Your story has changed from start to finish. THE TRUTH DOES NOT CHANGE FROM TODAY TO TOMORROW....and yet between you and me, only one of us has not changed his tune. And it isnt you.

Go get a clue, caps lock. Seriously. Even if you have to steal one. I actually pity you for not having the simple common sense to look at the law itself and see what you've been taught is dead wrong. But I promise you this--if the day ever comes when I have to pick up the phone and it's ERMI on the other end, I pray with everything I have that youre the guy calling. Then we're gonna see just how much you can learn from getting your a$$ sued.

This "debate" is done, chief. I am not going to continue debating with someone who hasnt been right yet and is too afraid to use the words "I WAS WRONG". Grow up, go grow a pair, do whatever ya gotta do man, but give this sad dishonest bit a rest already. I showed you the law. I showed you word for word what it says. And each time you saw it, you changed your claims. Either wake the heck up or go crawl back to your dialer and roll the dice. But I do promise you this---thanks to the sleazy way your prized company has handled me personally, I make it my mission on this forum right here and now to inform each and every person that ever asks about ERMI exactly how pathetic you people really are. Oh, and I've got another surprise for you too, ERMI man....and when I can post it, you wont have anything left to hide behind.

Have a nice day.

the way i see it you're looking at the law the wrong way man.

for every one of your complaints i have a rebuttal.
andyou repeat yourself over and over again.

a rebuttal?? No, you didnt. What you did was completely ignore two facts...

1--that your BS scenarios do not in any way apply to the situations that people are posting here--their personal experience with your company has NOTHING to do with your made-up scenarios. And you would much rather cry and whine about a debtor that knows its his debt than address what we are posting to you....when you dont even have the right name, or address, it is obviously a skip trace problem. But you keep reverting back to the same ridiculous "scenario #1" crap. How many times do you need to hear that the debt your company claimed I owed was from a state I have never even been to, much less lived in, before your BS scenarios will stop?

you cannot address the problem by addressing a completely different "scenario" instead, Einstein. Get that much right at least.

2--as for your "just tell them its a wrong number" bit, you failed there too, because all you did was keep repeating the same thing. Of course, when multiple people in here were posting that they did this and ERMI keeps calling anyways, you had nothing to say about it, did you?? Nope, just the same "how hard is it to tell them its the wrong number??" crap....

And now you wanna tell me that I am looking at the law the "wrong way"? Tell you what--you clearly have no clue about what this law actually says or means. And you also clearly have no intention to listen to my knowledge of this law. So, how about we see precisely what the courts are saying about this law? After all, arent the courts the actual authority on the matter?? Lets take a look here....using the PACER website, I found no less than 88 separate lawsuits filed against Encore in just the last few years, not a single one of which was dismissed in favor of Encore. NOT ONCE. The complaints range all over the place, from improper third party contacts, to contacting a consumer that was known to have secured counsel, to threats, to excessive calling....all kinds of crap. By the way, these are only the cases filed in federal courts, not the ones filed in state courts. And the closest thing in ANY of these cases to Encore being in the right is a "Dismissal WITH PREJUDICE" against them. This is what occurs when Encore settles with the plaintiff for a set amount of money.

Dont believe me?? here--I DL'ed the page that lists them all....

read on....

Dont tell me I am wrong about what this law means, I just dropped a boatload of proof in your lap, and all you have done is talk out your back side. Why would Encore be getting sued like this otherwise? Why would Encore be settling so many lawsuits out of their own pockets if they were not wrong? Why would 88 cases be present, dismissed with prejudice against Encore if you people knew the law and followed it?

Dude, hang it up. youre done here. You lost. Now, if only you put that effort into learning the legal way to do your job, we wouldnt have to have this thread in the first place.

I got a letter today from Encore Receivable Management stating i owe this credit card $25++.00 something and the amount due is $ 650. Do I call this guys? I cant afford to pay the $650 up front.

cajuan ive already noticed many inacuracys in your statments on this forum id like to know tho the hell you think you are to question some of the people on here? what background do you have? ive been a ver succsesfull collector and settlment rep and financial advisor over the last 7 years, not one fdcpa complaint not one issue or fine and ive made over 120,000 a year on adverage so please tell me why your answers somehow hold a stronger power than that of myself.....idbe quite intreged to here it.....and yea calling 3x and only leaving 1 msg would never be consided harasment we gotta get paid to you know, yea ive known collectors who lost there house from fines even sent to jail....but 90% they are more educated then the dtr and pay there damn bills

wow....um, yeah....

grammar like that, and you want us to believe that you make six figures?! who's gonna trust a financial advisor that cant read, write, or speak the language?? A financial advisor works in an official capacity....who in the world would EVER use a financial advisor that uses the english language like he slept under a bridge last night? Financial professionals are EDUCATED....if they let you through college, then someone should be arrested!!!

More holes in your story--

1--how many collectors out there make that kind of money?? The HONEST ones DONT....there's a clue for you.

2--you havent had one single violation of the fdcpa?? Since you yourself pointed out that most debtors arent educated on the law, what you REALLY are saying is that you have not been caught and sued over a violation....yet....but the odds are catching up, champ.....your day's coming.

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By the way, inaccuracies, right?? Is that what you claim you caught cajun up in?? Allow me to demonstrate the only inaccuracy around here lately....YOU....


SO....you say youre 22 years old in one thread, and on the very same day, in another thread, you claim to have been a collector and financial advisor for the last seven years, huh?

One moment, you're 22....and precisely thirteen minutes later, you claim you've been at it for the last seven years....and morons like you actually wonder why we call collectors liars?? I wasnt aware that 15 year old boys can be financial advisors...good job, bonehead!!

Can you say OWNED?? Yeah, I thought so...crawl back under your rock.

go back and read the thread i updated the information for you diver :) and causeing the phone to ring in anoyance would be breakign the law i should have been more specific if i called 3 times in a ROW that would be bad howeve every 3-4 hours 3 times a day making contact only one time s not a violation in any mean, and when you deal with larger deabt ammounts that can have 2-3 year payment arangements buildign a backend over a long period of time its actually very easy to make 6 figures not base of course mostly in bunus structure, and ill be the first to admit my typing skills or HORRIBLE but you dont hear me calling you a ***kin moron for jumping the gun and assuming that someone could never be smarter than yourself a debt colletor is a job nothing more nothing less i got great grades in school got a perfect mcas score and had a free ride into collage, i work it pays, not a collation agency goin under would have nothing to do with the collectors paying there bills would it? and furthermore i never said that there arnt horrible nasty law breaking collectors out there i simply stated i wasnt one of them....at all, and is it wrong to know the persons backgroud whos giving hundreds of people advice that they are no dought follwing word for word? and if he was wrong wouldnt people want to know that for there own financial reasons?

you scored perfect on the MCAS....but your GRAMMAR AND SPELLING suck. Let's face facts--this aint a typing problem. You misspell half the words you type, and you leave several words out of your sentences altogether. That isnt a "my typing sucks" problem. It's a "my language skills suck" problem.

yeah, I saw your "update". And let me tell you, from an adult point of view, THERE IS NO WAY A COMPETENT FINANCIAL ADVISORY COMPANY WOULD HIRE A KID TO ADVISE ADULTS ON THEIR MONEY. That is, unless they want to have no credibility and be thought of as a complete joke.

By the way, just so you are aware, I am currently dealing with a CA that has called between 3 and 5 times a day. I am not home during the day, so the phone naturally doesnt get answered. My attorney disagrees with your "expert assessment" as to exactly what constitutes harassment and what doesnt. And let me tell you--when he speaks, I dont get a headache trying to decode and interpret his language skills, like we have to do with yours. Who do you think is going to have more credibility on this--an attorney that has practiced this kind of law for nearly two decades, or the "financial advisor wonder-kid" who cant spell simple words like "are" to save his life??

I will be sure to let you know the outcome of the lawsuit....as further proof. I know the law. I do my own research, and have professionally dealt with the law every day since 2001. We have cited cases where courts have upheld a harassment complaint over a CA calling six times in a week!! So dont tell me what it is and what it isnt....you clearly dont know the case law. I do.

No, we dont see you calling someone a moron, I am actually surprised you knew how to spell it properly!

And then--"you never said there werent nasty collectors out there...." Well, this is what you actually said, to refresh your memory--

"yea ive known collectors who lost there house from fines even sent to jail....but 90% they are more educated then the dtr and pay there damn bills "

So...90% of them are educated and pay their bills....would you like to elaborate on why illegal drug use is so prevalent in your industry, then? Care to inform me why lawsuits against CA's are on the rise, if 90% of those collectors are so highly educated and doing it right? Why do so many CA's have reputations as companies that break the fdcpa routinely? This isnt made-up stuff, this comes from the lawsuits that are filed each year! For example, Encore, which is the topic of this thread....over the last few years, Encore has been sued in federal court more than 80 times. NOT ONCE in all those cases did Encore win....the most common outcome was Encore choosing to settle out of court. That doesnt happen if Encore was "educated better than the debtors"....Encore would not be giving out money in settlements unless they felt they could not win their cases! Oh, and that is only the federal cases--many more were filed in state courts....

So...90% of them are educated and pay their bills....would you like to elaborate on why illegal drug use is so prevalent in your industry, then? Care to inform me why lawsuits against CA's are on the rise, if 90% of those collectors are so highly educated and doing it right? Why do so many CA's have reputations as companies that break the fdcpa routinely? This isnt made-up stuff, this comes from the lawsuits that are filed each year! For example, Encore, which is the topic of this thread....over the last few years, Encore has been sued in federal court more than 80 times. NOT ONCE in all those cases did Encore win....the most common outcome was Encore choosing to settle out of court. That doesnt happen if Encore was "educated better than the debtors"....Encore would not be giving out money in settlements unless they felt they could not win their cases! Oh, and that is only the federal cases--many more were filed in state courts....


yes i do agree there are VERY shady companys and im not going to get into the difference between typing at 3:00am and taking a writen exam, but back to the issue if an agence has 300 collectors and 30 break laws continuously due to poor training, poor audting whatever the case that can get a company shut down just 10% sure there are companies that are just horrible but on the other hand there are just bad collectors, i admit my 90% figure might be horribly off but i still stand that the majority of experiance collectors are good people who know more about the law they work around then the dtr just like a plumber sure as hell knows more about pipes than me. and id like to bring up you point on drugs in all seriousness im unable to comment as other than the occasional drink im very clean and dont deal with that crowd but im sure and profession with the majority of the workers being under 30 would have a high probability of drugs/alchol but once again that would only be speculation from me. some state laws limit the # of contacts on a weekly basis the PDCPA is more general if you state has a 6xper week alowance than the would be a violation and regaurdless 5 times a day id extreme i dont dought that i was simply stating 3x a day and one contact included i usually dont get to that point the files i work people usually call back in a day or two. and yes they would hire a 15 y/ as i am living proof im sure theyd hire another one all it takes is a williness to learn and to be quite honest a salesmans attitute, now diver we can go back and forth agruing like school children or you can ask me a qustion and ill answer it like i stated before dont jump tp conclustions like im sure i can affourd to pay this back.....that must be how u got where u are today no?

DO tell...just exactly "where" is it that I am today? I am DYING to hear your "expert analysis" about where you think I am today....

Questions? I asked you questions. Did you go "under the table" or did you get the labor dept work permit? lets start there. Then, you can explain to me just exactly what kind of adult would go to a company that hires a 15 year old to counsel them on financial matters? Willingness to learn is one thing--being taken seriously in a very serious business is another thing entirely...

Start with those two.

i belive i did state i recived my work permit didnt i? as far as "where" you are i really dont know there are serveral states with stronger than normal laws, AZ MA CA WA NH OH to name a few

now takign into account that the majority of my job was at its heart sales....i see know reason not to accept someone with such an eagerness to succeed, but then again as ive posted else where on the forums the company i worked for ended up being a total scam as are all settlement programs hence y i left the good salary to move onto collections, so maybe in there eagerness to make money they hired someone who sounded good on the phone.....smart choice i made them alotta money

and for a change or pace here diver and stead of me time and time again defending myself and my background which you;ve yet to disprove please explain where youve obtained the ability to educate the people? years of practice dodging bills have you?

you made a scamming company a lot of money....you must be so proud.

And then, you say you make more money now, but then you say you left the better salary behind and moved to collections....you know, when a dog keeps chasing its own tail, it doesnt take very long before that dog forgets where his head stops and his a$$ starts...

hmmmmmm lets see at the time i had no idea wat id be making now would i? at 19 45-55 thou a year is good money and in settlments i think i broke 110 K for at least 1 year, and read once again i LEFT the company when i realize it was a scam, I LEFT THEM BECAUSE I HAVE MORAL ITENGRITY i find myself actually HELPING people where i am i seldon find the need to pull up superpages let alone lexis nexis ahhhhh this is gettin old dude when are you gonna quit?

Guest just so you understand where I come from,I give advice in accordance with statutes,current caselaw,ftc letters,and ftc briefs.I have no overdue debt and advise here to help consumers deal with shady collectors.I will tell you that you are not the first and definitely will not be the last collector to try an attack on me.

i wouldnt call it an attack so much as a simple inquiry, would someone wanting to know what background you have to be assisting people finincialy over the people who are paid to do so be and attack?

You are questioning my integrity and quals. I taught myself federal laws that apply to debt and I help people here as I have no debt problems. All my advice usually follows current laws and case law trends.My scores are in my signature along with links to the current federal laws relating to debt & collections.

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i admire sky diver. no really. he has talent for finding loopholes in the fdcpa.

now i would like to answer questions from debtors who have a hard time dealing with their debts. im more than willing to listen to you guys.

They call every 11 mins. What is that cease and desist letter and what should you state in a cease and desist letter? I am about to answer and say my husband is dead! It is annoying to have the phone ring that long. And can't you get a block on specific numbers through the phone company?

Hi cecile--

a cease and desist letter bsaically looks kinda like this:

"In accordance with the Fair Debt Collection Practices Act, this communication shall serve as notice to you to immediately cease any and all communication with me concerning this matter. Should you decide not to honor this letter, I will have no alternative but to proceed with legal action against you for fdcpa violations. Of course, you should know that each violation of the FDCPA carries a penalty of up to $1,000.00 plus any actual damages. If you continue contact regarding this matter, except as allowed by the FDCPA, I will respond by filing suit."

Be sure to clarify exactly what matter this is, as well, by noting any account or file # in the letter. This is to be sent to them by certified mail, return receipt requested. Once you get the card back in the mail that proves they got it, they are only allowed by law to contact you once, and that contact must be for one of three reasons:

1--to state that they have dropped this matter.
2--to state that they are moving ahead with further action against you.
3--to state that they have sent the account back to the creditor.

Any other communication, such as collection calls, settlement letters, and so on, are all violations of the law. Be sure to keep copies for your records, as many CA's arent smart enough to actually obey the law. If they continue to call after that, its time to get an attorney and file suit. Let them pay you $1000 for their screwups...

"i admire sky diver. no really. he has talent for finding loopholes in the fdcpa."

caps lock--why dont you simply shut up?!? This isnt about loopholes, if you were intelligent enough you would understand that. YOUR company has harassed ME without legitimate reason. They have contacted me about a debt that so obviously wasnt mine--the NAME was not even mine! And the time and effort it took me to get rid of you morons was just plain ridiculous. Like I said, this isnt about loopholes--if you people would simply obey the law to begin with, none of this would have been necessary. Crying about it now with your one-sided "scenarios" all over the place is about as productive as it was for ERMI to come after me for someone else's debt....now go away. You have not added one single helpful piece of truth in here.

I have been dealing with them over my Discover account for about 2 years. I am again in a financial bind and am contemplating stopping their automatic
drafts each month. I have had to delay a payment twice
and it has been like pulling teeth to get them to not
take out the money. It's not that I don't want to pay my debts, I do, but its been difficult to take care of
it all. If anyone knows what might or might not happen if I decide to stop their payments either by issuing a stop check payment thru my bank or just closing the account, I would like to hear.
Thanks ya'll

Zoe

Looks like the ERMI "disease" has stricken my GF. She has been getting calls for collection from what they are telling her is a DELL computers acct.
Dell has no record of her owing money, she has not now or ever lived at the addresses the supposed computers were delivered to and has never received a word in writing from anyone.
Her phone has been ringing non-stop due to these jackasses, leaving messages at all hours.
How ridiculous is this company, after all the lawsuits etc that they still pull this crap? Bad enough it is done when the debt is real, but a debt that doesnt exist and is completely phoney?
I drafted up a C&D letter from one of the couple that was posted here and elsewhere, with copies going to the credit agencies just in case.

Any other steps she can take to insure that this doesnt go on any longer?

Thanks, Jerry