ID Teft Victim, Encore continues to call.
I have just receiveda call from Encore Sunday, February 15th, 2009, @ 8:45am.
Can someone tell me what my rights are?
Tell them by letter to " CEASE AND DESIST"
Advise them that if they continue to call you that you intend to file suit either in FEDERAL COURT or other courts of competent jurisdiction. Advise them that you will seek punitve damages of the maximum allowe by the FDCPA, AS WELL AS PUNITIVE DAMAGES AGAINST THE OWNERS AND OFFICERS of ENCOREof $1000.00 for each time they call or the maximum allowed by the courts. Advise them that you intend to record all incoming calls, and these recordings will be supported by your monthly telephone bill which itemizes all such calls. make them aware that you will sue and seek PUNITVE DAMAGES not only against 4NCORE AS A COMPANY, BUT ALSO THE INDIVIDUAL OWNERS and STAFF MEMBERS WHO HAVE ENGAGED IN THIS HARRASSMENT.
If the are faced with the possibility of having their own wages garnished or personal judgments issued against the them...they will back off in one BIG HURRY !
Just remeber folks, that these collection agencies are licensed as " CORPORATE FICTICUOS ENTITIES...but the "entity cannot act unless a "real live person"
directs it to act (harrass)
make them aware that you intend to go after the "real live persons" as well !
Furthermore, you intend to file a complaint with the STATE ATTORNEY GENERAL in your state as well as the state of their domicile, as well as the FEDERAL COMMUNICATION COMMISSION, and charge them with harrassment.
"CEASE AND DESIST FROM THIS POINT FORWARD and FOREVERMORE". Charge them with the responsibility of alerting every office within their organization or your DEMAND.
SEND THE LETTER BY CERTIFIED MAIL RETURN RECEIPT AND ADDRESS IT TO : CEO, GENERAL MANAGERS and STAFF.
Be sure and retain the "GREEN CARD" AS WELL AS THE PAYMENT RECEIPT issued by the POST OFFICE as evidence of your sending the letter.
THIS WORKED VERY WELL FOR ME ....NOT ANOTHER CALL FROM ENCORE !!
with all due respect to 'guest', that letter is a bad idea. f
with all due respect to 'guest', that letter is a bad idea.
for one thing, it is inaccurate. You are not entitled to "$1000 in punitive damages for each time they call"....this is where knowing the FDCPA will help you tremendously. FDCPA allows a maximum penalty of $1000 total in statutory damages plus actual damages--you dont get $1000 for each thing they do wrong, but you can sue for UP TO $1000 TOTAL for ALL their FDCPA violations COMBINED. If you go to them with a letter that threatens action they know you cannot legally take, it reduces any credibility or clout that your threat would have had. The key to letting them know you mean business is to:
1--state your intended course of action clearly, and don't be "over the top" with bold terms like "FROM THIS POINT FORWARD AND FOREVERMORE". They are smart enough to know what it means to cease comms, and if they choose not to do so, they will make that choice knowing that you know the law if you present yourself properly.
2--state the correct penalties for violations. If you start demanding things that the law doesnt entitle you to, it not only makes you look like you dont know the laws, but it also makes you look like youre only out for money. Neither of those two positions will help you in your quest to get these guys to leave you alone.
The only reason why Encore left guest alone is because they have to, according to law. That doesnt make the debt go away. Most likely, they will simply sell it to another collection agency and the process will begin all over again. IF youre going to send them a certified letter, make sure that you speak professionally, state your points clearly, and make sure that you know the laws involved. It's fine to tell them how much you would pursue in damages--just make sure that what youre saying is even feasible in the first place. When you send this kind of letter, you want them to take you seriously--and the only way to do that is to show that you know what youre talking about and intend to use it.