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Zwicker and Associates: Are they very difficult to deal with?

Submitted by roxette on Mon, 08/01/2005 - 14:04
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Hi Thanh

Welcome to the forums. Please do not feel shaken while dealing with Encore collection agency as the whole community is with you to guide in the right direction.

The collection agency is assigned to recover the debt from the consumers when the creditors fail in their actions.

In order to make sure that the collection agency is actually working for the creditors, they have to provide some necessary details about your accounts. As per the fdcpa law, debt validation letter is a strong weapon through which you can legally urge the collectors to provide a proper presentation of your accounts.

http://www.debtconsolidationcare.com/validation.html

If Encore collection agency is not able to furnish the necessary details about your accounts, it will be considered that they are maliciously forcing you to pay towards your debt. You are required to obtain the following information from the collection agency before you start paying towards your debt account.

  • The details of the account.

  • All the calculation should be shown of the amount that is owed.

  • Any copies of the papers to be furnished that shows the payment agreement.

  • Provide a verification or copy of any judgment if applicable

  • The original creditor needs to be identified.

  • The Statute of Limitation needs to be proven for the collection of the debt.

  • The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent

  • Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.

  • Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.

  • A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.


Regards
Roxette


Msosa, if the collection agency, Zwicker & Associates, is calling you about an account which does not appear in your credit report, then you should ask them to give proper details of it. Please send them a written notice through certified mail with return receipt requested asking to prove it.

If they are unable to produce any necessary information about the account, then you can take legal action against them using your consumer rights. You can file complaints at the FTC, BBB and the state attorney general office and request to look into this matter.

I think their calls should stop if you inform them that you are recording all the telephonic conversations with date and time and wish to present it to your lawyer.


Submitted by ben on Thu, 09/01/2005 - 12:34

ben

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Klutch,

One way of getting the matter settled is to place a written explanation to the local attorney general office and the BBB. They will contact the CEO of the company in legal terms on behalf of you and get this matter resolved. If they do not respond, you have to consult your lawyer and take this matter to the court with this unsolved query placed by the bureaus.

I will also suggest you to repeat this entire conversation once again with Michael and Stacey and this time, you should record the call. If you state allows, you don't have to inform the other party. Give it to your lawyer to enable further legal actions.

Also, you should send a letter to the company and request for urgent explanation. Send your letter through certified mail with return receipt requested. If they do not respond, this adds further towards your legal evidences.

I hope any or all of these options work


Submitted by ben on Fri, 11/18/2005 - 11:40

ben

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Matty

You should immediately discuss this matter with some professionals. They will definitely try to solve this matter at the best so that your hard earned money does not go in waste.

Zwicker is a shady company with lots of illegal activities in consumers' accounts. Take an expert's counseling from this website and let them work on this matter.


Submitted by ben on Sat, 11/26/2005 - 10:40

ben

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Sandfly

Please make sure whether Zwicker and assoc. has transferred the money towards your debt account. If not, then you should file legal charges against them.

Although, the company should not have cashed the check with a different name, but there is nothing to worry if the money has gone to your account.


Submitted by ben on Mon, 12/12/2005 - 12:36

ben

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I agree that the collection agency should give you the complete info about your accounts when requested.

Talk to your original creditors and see if they can give you some details about this loan account.

Also, write a letter to Zwicker and associates and make them aware of the unfair activity they have committed. Tell them that if they do not give you in writing that the money has been transferred to your debt account, you intend to make it a legal issue.


Submitted by ben on Mon, 12/12/2005 - 15:40

ben

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Miri,

Tammy has given a good solution. I would add some more points here. Zwicker and Associates is a collection agency. Chances are they are trying to collect any of your debts. Do you have any unpaid loan? Try to contact the original lender and inquire if Zwicker and Associates is authorized to collect it or not.

They are listed as Collection Agency with BBB. You can send debt validation to them asking for details of your account. Send you letter through certified mail with return receipt requested. Keep us posted.


Submitted by stanley on Mon, 03/06/2006 - 11:41

stanley

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If they were to take you to court, proof of sending the letter certified mail with return receipt looks alot better than just faxing it. Then all the company has to say is that they never received the fax from you. Also, like john stated above, once they call you after receiving the letter, you have proof of the violation of the fdcpa law.


Submitted by Not so Lucky on Thu, 02/16/2006 - 12:46

Not so Lucky

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No! They have to have permission to withdraw funds from the checking account. You need to notify your bank and alert them to what has happened. They will open an investigation and if there is proof that they didn'thave your permission, they will credit back your account. You need to speak with your banks branch manager.


Submitted by Not so Lucky on Mon, 03/06/2006 - 07:57

Not so Lucky

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Z&A, the reason people hire credit counseling services/consolidation/settlement services is because they feel they can't do it on their own any more. True, you have to pay them, but sometimes the fact that someone is helping to take the stress off your back is worth it. And a reputable company won't take your money and run. I'm sorry that happened to your sister-in-law. That's a good example of a non-reputable company. Many people here, however, have found companies that are great to work with and the effects of the company are reflected in their changed attitudes. Don't knock it until you know what it feels like.

I appreciate that you're coming here trying to give us valuable information, but don't come in here and say "How dumb can you all be." I didn't sleep well last night, and I'm a little cranky..I could pick on the fact that you obviously don't know how to punctuate, and your statements are full of spelling errors.


Submitted by Jessi on Fri, 07/21/2006 - 04:47

Jessi

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Christa, you must send a debt validation letter and force the collection agency to give you the details of the debt if you owe anything. Once you have sent this letter to the company, they must not contact you before they give you the details. This is mentioned in the fdcpa law and you can take actions if they violate the law. Also, especially if you don't owe anything, sending a cease and desist letter will be perfect here and legally stop them from contacting you at your place of work/home. However, you can keep the option to be contacted by mail open and know about their movements. All such points are nicely pointed in the federal laws and you can put a check on the behavior of the collection agencies. If you have any queries on this matter, just let us know.


Submitted by david on Wed, 02/01/2006 - 12:12

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The collector is allowed to contact a third party only once if they are unable to reach them. Since they have your mother's phone number and address, they should not have reasons to call you and appeal for the money. Send a letter in writing to cease and desist all communication with you. After this letter is received by the collection agency, they must not call you again. If they break the law, you are in charge of taking legal actions against them. Send your letter certified/return receipt requested.


Submitted by david on Wed, 02/01/2006 - 13:22

david

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Don't worry, Zwicker and Associates can't do anything against you because they have failed to give you the required paperwork about your accounts. You will be able to make the payments only after you have reviewed it. I guess you should cover your base and send a letter in writing to the company requesting for the details. If the matter is ever taken to the court, you will be able to prove your defense about your request for the account details. And, this has not been given to you till date by the company. The judge will force the company to act in the legal lines of debt collection. Send your letters through certified mail with return receipt requested to ensure its delivery.


Submitted by david on Tue, 02/07/2006 - 11:42

david

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The letter that you will send can't be made illegal because it will be sent through certified mail asking for debt validation. Keep a copy in your file for records. Now the ball will be in their court and federal laws state that they have to validate the debt once requested by the consumer. If they fail to do so and the matter is brought to the court, you have a case. I guess, Zwicker needs to have some legal records of their business to show their appearance in the court. They have been into so much of criticism. It won't be possible for them to come in front.

However, if you file a case and you have reasons for it(your debt not validated by the company), they will be asked to appear in the court. If they don't show up, you will win the case by default. You will get a court order that can be sent to the credit bureau. This legal document will force the credit bureau to remove the negative remark posted by Zwicker from your file.


Submitted by david on Wed, 02/08/2006 - 12:07

david

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There is not a problem in paying back the debt taken. The problem is either with the collection agency or the original creditor who fail to present the account properly. If proper information about the accounts is not given, people can refuse to pay back the company. Laws are there to protect the consumers from falling into the wrong hands of the collectors. Those collectors who get the proper account details from the OC approach the consumers with full details. And consumers pay them back in order to improve their credit files. So, not paying the debt is not the issue here. It's about getting the proper account details based on which payments will be made.


Submitted by john on Thu, 01/19/2006 - 13:49

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Since you say that Zwicker & Associates is a large and expanding company, so I must say that your company should ensure that its reputation is not hurt in anyway. Logically speaking, there might be internal problems within any company but ultimately the person will charge them only who show their face. Since this CA is approaching the person with the incomplete account details in spite of knowing the loop holes, the problem needs to be fixed from the beginning. Why should Zwicker & Associates take accounts from those creditors who don't give complete information of the consumers' accounts? Your business reputation should be a concern for you. Right??


Submitted by john on Thu, 01/19/2006 - 14:24

john

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Robert, I will suggest you not to pay anything until the debt account has been put in writing by the company. It might happen that they will take money from you and not send it to your debt account. You need to know first if they are really working on your account. Send a debt validation and get the details of the account first. Then insist for a settlement offer and it should be in writing. They also need to make a statement that they will update your file with the bureaus once the account is paid in full. Based on all the paperwork, you need to agree to pay the debt. Check your credit report and see if it has been hit negatively. The damage might have already been done and it can't go beyond that. So, you need to get a deal in writing first before you pay anything further.


Submitted by john on Fri, 02/03/2006 - 11:07

john

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Zwicker has an unsatisfactory record with the BBB. Send them the cease and desist letter through certified mail with return receipt requested. Keep a copy documented in your file so that you have a legal evidence of your actions taken for this purpose. If they place any call after your letter is received by them, you can prove the court that the company violated the federal laws by contacting in spite of receiving the cease and desist. Fax won't be able to prove everything that a certified mail with 'return receipt requested' can do.

Here is the mailing address of the company.

Zwicker & Associates, P.C.
800 Federal Street
Andover, MA 01810
978-686-2255


Submitted by john on Thu, 02/16/2006 - 12:42

john

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Unless you have a delinquent account somewhere that needs to be handled, then you don't need to put up with Zwicker's nonsense. You did the right thing by informing your consolidation company, so I guess the only other thing that should be loud and clear (and I'm sure you know this) is DO NOT give them any money. If you can, find out who Zwicker is supposedly representing, and if they won't give you that info, then tell them that if they don't stop calling you YOU'RE going to file a suit against THEM for fraudulent collection attempts. Just be sure that they don't have any legitimate debts of yours. Good luck!


Submitted by apaverystar23 on Thu, 08/10/2006 - 12:33

apaverystar23

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Zach, you must have something in writing from the company after the payment arrangements are done. Call the company and get something in writing because this document will help you in your dispute later. Also, you need to ask how they are debiting money from your closed account. If you are unable to get this matter arranged on your own, perhaps, you need the help of a debt counselor.


Submitted by IncredibleHelp on Mon, 07/24/2006 - 10:42

IncredibleHelp

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I have a student loan that went into default and now zwicker has the account. I owe 25,000 and they want it within weeks. they want me to refinance my my house or I will be sued. My question is, do they usually settle for a smaller amount? they refuse to set up payment options...at least reasonable payment options. I guess I just don't know what to do. any advice on how to take care of this?


Submitted by princessk8e on Thu, 10/05/2006 - 19:04

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the following is a public service to all newbies to this site.

that was a troll
trolls are stupid
trolls are always wrong
we only tolerate trolls
respond however you wish to trolls as long as it's within TOS rules.

thank you,that was a public service message.


Submitted by paulmergel on Sat, 10/11/2008 - 12:00

paulmergel

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the post above is the definition of a troll.it doesn't matter if they are a law firm deutsch bank.they are collecting debt which means they have to follow the FDCPA.also i have never heard of this bottomfeeder law firm actually suing someone.just because it was long winded doesn't make it less of a troll post.also if they send the documents for court at all they most likely will be too late to prevent a default judgement.sounds like you work for this idiotic CA.that's right i said CA collection agency.


Submitted by paulmergel on Tue, 12/02/2008 - 14:05

paulmergel

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right on except the part about recording calls.you inform them of this.if they object they hang up not you.them staying on the line is consent.that is if you are a two party state.one party syayes can record without informing them that you are recording.


Submitted by paulmergel on Thu, 12/25/2008 - 12:05

paulmergel

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i am making payments thru zwicker to go to my discover card and today i had to call them to set up more payments. everytime i call they are unprofessional but today was the worst. the lady didnt explain to me my payments very clear so i thought i was paying $125 for 6 months, then i go thru to the operator to confirm my bank info and she said i owed $700 this month. i ask to go back to the first lady who i was talking with and i get someone else. she is so rude and tells me that i need to pay the $700 and will not let me talk, and when i did start talking she interrupted me so i told her i wasnt done talking and she just laughs. then when she opens her mouth again shes louder than ever and i tell her not to get loud when im trying to figure out how to give them money and she says she will talk to me however she wants and if i dont stop my entire balance will be due when we get off the phone. i talk to the lady i was supposed to finally and when i go back to confirm my bank info again that lady is laughing at me, becuase she was on the line the whole time too hearing our convo. she asks me to hold on a second while she can finish laughing then gets my info. i tried goin to the better business bearuo to file a complaint but they dont handle these types of issues. zwicker is such a joke of a law firm and so are everyone who works there. how are they in business?


Submitted by jessicaccharles on Mon, 02/02/2009 - 11:55

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Look there is a problem with these collection agency taking advantage of people trying too pay back thier debts and doing it in Shady practices because people do not know thier rights or are trying too save thier credit. I have a son that got a loan thru salley mae. I cosigned for this loan. It went too zewicker and associates only under my son's name. He is young and naieve. I was listing too him telling me how they yelled at him, made him feel horrible, telling him that he had too pay all this money today and rediculous payment arrangements too satisfy this collection. The funny thing is one I was never notified that he was in default. I was not put on the collection. I tryied talking too the company on his behalf and even spoke too one of thier so called managers. These people are a disgrace in every way. They are sharks with the taste of blood and will do anything that even the devil wouldn't do too try too collect money. There needs too be some recourse.


Submitted by butterflieslovlilacs on Thu, 02/19/2009 - 22:36

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