Complaint Review: Encore Worldwide Financial - America's Network - Snellville Georgia

We are unware of any complaint this person has and he can resolve the problem by calling toll free 800-994-2949

privacyrights.org and budhibbs.com Your Name Mailing Address City, State, Zip Date Name of Collection Agency Mailing Address City, State, Zip Re: Dispute of Collection Action: Case # ________ [If the collection agency has sent written notice, your case number is likely in the letter. If you have not received a written notice from the collection agency, tailor this line accordingly. For example, show the date you were contacted by the collection agency and/or identify the creditor by name if you can.] To [person whose name appears on agency's notice to you]: On [date] I was contacted by [name of person who called you] of your agency, who informed me that [name of collection agency] is attempting to collect [amount of claimed debt]. This individual is collecting on behalf of [name of creditor]. [OR] This individual would not tell me for whom you are supposed to be collecting. [OR] On [date] I received a written notice of the claimed debt, a copy of which is attached. This is to inform you that I dispute the debt because [insert reason for dispute, e.g. the agency has confused you with someone else or the debt was paid. Include copies, not originals, of any correspondence that proves your point]. I am hereby requesting that you confirm the fact that I owe this debt as required by any applicable state and federal laws. Please contact the creditor to obtain verification. In addition, under the provisions of state and federal Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and related consumer statutes, I am hereby instructing you that you are to cease collection of the debt while efforts are made to obtain verification. Until you resolve this error with the creditor, you should neither contact me nor anyone else except the creditor about this collection. Furthermore, any reporting of this matter to a credit reporting agency is premature. Until you have investigated my dispute, you should not relay negative information to a credit reporting agency. If negative information has already been reported, you will need to notify the agency to remove said report until the investigative process is over so that my credit report remains accurate, or at the very least, my credit report should be updated to reflect my dispute. Your next contact with me should be either notice that the creditor has failed to provide verification of the debt and that the matter has been closed or that you believe that this debt is valid and are providing proof of my responsibility. If the former, please confirm that I am not being held responsible for the debt in writing and also that if the account has already been noted on my credit report, that you will contact the bureau(s) in question to have the account removed. If the latter, I expect that you will provide me with an explanation as to why you have decided not to remove this account from collections and a copy of all documents relevant to the debt such as the application, bills, records of communications and payments, and any other data that indicates my responsibility. I am instructing you not to contact any third parties such as my employer, neighbors, friends or family members. In addition, you may not contact me by phone at work or at my home about this collection activity. All future correspondence should be sent to me in writing. [If you want to still speak to a collector by phone, indicate times when it is okay to contact you or note the name, address, and phone number of your attorney, if you have retained one.] I look forward to your acknowledgement that you have received this notice by [date that is two weeks from date of letter]. Sincerely, PRINT YOUR NAME ONLY

You need to send a certified letter return receipt requested immediately to both the collection agency and to the merchant. **DO NOT SIGN THE LETTER type or print your name. PEOPLES SIGNATURES HAVE MAGICALLY APPEARED ON LEGAL DOCUMENTS THEY NEVER SIGNED***** They are BS-ing you by telling you they can arrest you, etc. The burden of proof is not on you but on the collection agency. Do they have the check that was bounced? You probably need to chat with a legal aid attorney there in Snellville .... by the way below are some things collections can and can't do ... you will see they have lied to you ... Debt collectors may not mislead about what action they might take by: Making unfounded threats of criminal charges against the debtor Falsely implying that the debtor will be arrested or imprisoned, or that his or her wages will be garnished or property attached unless those actions are legal and the debt collector intends to take that action (the debt collector must disclose that a court order is required for any of these actions) Threatening to take any action which the debt collector either does not have the legal right to take, or does not ordinarily take (such as unfounded threats of litigation) Stating or implying that failure to pay a debt will result in the debt being turned over to collection agency who would use harsh, vindictive, or abusive tactics. Debt collectors may not use false representations to collect a debt or to get information by: Using false pretenses to either induce the debtor to contact the debt collector or make payment, or to obtain information about the consumer from third parties Threatening the consumer with arrest or seizure of property or wages, without disclosing that court orders may be required for any such action The debt collector must disclose in any written or telephone communication to the consumer: Its identity and business address The name of the person making the telephone call The identity of the person or company for whom the debt collector is attempting to collect the debt. under FDCPA, debt collectors must follow up an initial phone contact with a written communication within 5 days containing the following information: The amount of the debt The identity of the person or company for whom the debt collector is attempting to collect the claimed debt A statement that the consumer may make a written request within 30 days that the debt collector identify the original creditor, if different from the current creditor (this provision is intended to identify the original source of the debt if it has been sold or assigned to a collection agency) A statement that the consumer may notify the debt collector in writing within 30 days that he or she is disputing the debt, and that the debt collector must furnish the consumer with documents verifying the disputed debt or a copy of any judgment against the consumer A statement that if the consumer does not notify the debt collector within 30 days that she or he disputes any or all the claimed debt, the debt collector will assume that the debt is valid. Debt collectors may not make misrepresentation about the debt by: Misrepresenting the size or status of the claimed debt, or falsely characterizing the status of any legal proceedings involving the debtor Stating or implying that attorney's fees or costs will be added to the debt unless such charges are specifically allowed by contract, agreement, or court order (most consumer credit agreements, such as credit card contracts, contain a provision obligating the consumer to pay collection costs and fees) Implying that a transfer or sale of the debt will cause the consumer-debtor to lose the ability to defend him- or her-self about the non-payment of the debt, or will be subject to some unlawful debt collection practice - Communicating, or threatening to communicate, false credit information to another person or creditor, including failing to communicate that a particular debt is disputed.

I am the original writer of this report. I called Gertrude Hawk to inquire about this matter and they were going to look into it for me. I got a phone call back stating that what this collection agency is doing is perfectly legal and that I can pay the bill owed to Gertrude Hawk itself but it has to be done ASAP or they will send it back to this collection agency. How can a collection agency try to have you arrested though? They are not an attorney and they are not a judge. I am going to pay what I owe and get them off my back but I still think that their tactics are wrong and unethical. I was told that they would issue a warrant if I did not pay this outrageous fee along with the amount of the check that was under $30. How can they do this?

yourself was did you write a check to Gertrude Hawk. Secondly, if you did, why hasn't your bank hit you with an NSF charge for bouncing the check as well as whatever fee the merchant would also usually charge for a returned check. Send them a certified-return receipt requested letter-putting the certified number on top of the letter-asking to validate the debt in compliance with the FDCRA. Ask for copies of the said "check" both front and back. Do not sign your name to this letter as they will then try to forge it onto something bogus. THEY HAVE TO PROVE you owe the debt. And stay off the phone.

Don't talk to them on the phone and don't pay them anything or even offer to make a settlement. I'm sure that there will be others that will give you the information you need to validate this "debt." Never send anything by Western Union unless you know the person/business you are sending the money to. These people have no legal power to have you arrested or even to have the police come to your home. Saying that they can/will have you arrested is a violation of the FDCPA and you can and should sue them. Talk to your lawyer about that.

Don't talk to them on the phone and don't pay them anything or even offer to make a settlement. I'm sure that there will be others that will give you the information you need to validate this "debt." Never send anything by Western Union unless you know the person/business you are sending the money to. These people have no legal power to have you arrested or even to have the police come to your home. Saying that they can/will have you arrested is a violation of the FDCPA and you can and should sue them. Talk to your lawyer about that.

Don't talk to them on the phone and don't pay them anything or even offer to make a settlement. I'm sure that there will be others that will give you the information you need to validate this "debt." Never send anything by Western Union unless you know the person/business you are sending the money to. These people have no legal power to have you arrested or even to have the police come to your home. Saying that they can/will have you arrested is a violation of the FDCPA and you can and should sue them. Talk to your lawyer about that.