Complaint Review: Enhanced Recovery Corporation - Jacksonville Florida

First, bankruptcy is a serious legal filing which has many consequences. For one thing, it will hinder your ability to get certain licenses-I have an insurance license, which is a no-go with a bk on your record, for instance. It is also harder to accomplish than it once was. A quality bankruptcy attorney is of course the best place to learn all the ramifications. 

That said, it is a perfectly legal, longstanding, method of relieving debts for which you have no ability to pay.

It is NOT the only method! CA's and credit card companies know you have a very big club in your pocket with which-if you really are financially destitute or near it-you can simply leave them with nothing. This is part of why they are willing to settle-in fact, part of the bankruptcy process involves a hearing with creditors in a last effort to reach a settlement of debt. But you can, and should, force the issue beforehand. There are many reasons for this.

First, there is no moral implications to settling a debt. It is NOT "stealing." It is a simple business negotiation. Do not let a debt collector tell you otherwise. Yes, you accepted the terms of the loan expecting that you would be able to repay it, BUT this is a two way street-the company loaning the money did so fully expecting that they would PROFIT from the arrangement. Both of you were betting on your future. You made a poor choice and the creditor made a poor investment. It is as simple as that. No different that if you invest in Wrangler's Widgets and it goes belly up-they are not going to pay you either, through bankruptcy. Ask Donald Trump.

Don't forget for a second that when all of the bank's bad credit decisions caught up with them-they cried to Congress and got themselves bailed-out. Yet they still try to collect on the debt....

Second, no matter how much you owe, it is small potatoes to a credit card company-they happily write it off and sell or assign it to collection agencies at pennies on the dollar. Why should you pay more than that if the bank has already gotten the tax benefit?

Third, be sure to look up all the laws regarding garnishment of wages, etc. before you even think of  bankruptcy-they can only take so from your wages to satisfy debt, and things like Social Security Disability-and often unemployment benefits-are EXEMPT from garnishment.

Make 'em fight and actually get a judgement against you before you worry about bankruptcy(yes, Virginia, civil judgements are discharged under Chapt. 7.)

Again, go read and learn the laws, etc., and get an attorney. But whatever you do-FIGHT.

On your previous post you said that you had 2 account numbers. are they the original customer account numbers that are different or is it the reference number that is different? If it is the reference number then the account has been re placed in their office and they assign a new "Internal" account number. if the original customer account number is different, that comes directly from the client. You think that it is the collection agency that is playing games with you and that is how we get such a bad reputation. There are a lot of consumers that get very upset and say that we are harrassing them and such. We are not harrassing, we are trying to help you get your account out of collections. Whether it be a payment arrangement or a settlement on the account. Believe me we as collectors do not want to call the same people everyday however, it is our job. Regardless of how some people feel they owe a debt. It states in the contracts that people sign "If your account goes into default the balance in full will be called due" they are also able to add interest and penalities and this is agreed to in the contract also. People need to be more mindful of what they are signing and the consequences if something were to happen and they are unable to take care of the obligation. I had a consumer tell me the other day...it is only 500.00 why can't they just forget it...She didn't realize that if they just forgave all of the debts they would not be in business. Some of these companies placed hundreds of thousands of accounts in collections every week. We (as collectors) undertsand that things happen and you fall behind. However, there is help. I am sorry if you have previously gotten a collection agency that was not on the up and up and there are ways to check that. You are blaming the agency, when most times it is not the fault of the agency. Most collection agencies are NOT debt purchasers, they are contracted by the original creditor to collect on their behalf because they have exhausted all of their efforts to satisfy the debt.

Yes, Statute of Limitations would be grounds for a lawsuit.

I did some research and Enhanced Recovery used to be a debt purchaser but they aren't anymore. I work for a collection agency and we see this all the time where the consumer has disputed a debt and we send it back to the client to make them aware that it is disputed. Once we have placed the account in dispute and it leaves our office we do not have control over what the client does with the account. However, If you have sent letters via registered mail to Wells Fargo themselves you may need to go directly to a branch. Now in Statute of limitations it varies by State. Most people think that it is 7 years however, they are able to sue you for their money up to 10 years. A reason why it may not be on your credit is because some banks don't report to credit. They report it to CHECK SYSTEMS which is basically a reporting agency for banks. Making it difficult for you to write checks at different places if they use check systems. Wal-Mart is such a place. If you send a letter to the agency requesting validation of the debt they send the request to the original client stating that you are requesting validation. It isn't sent from the particular collection agency because they don't have that type of information. We receive "Shell" accounts from our clients which has basic information on each consumer. I know that there are some collection agencies that make it very difficult for the rest of the agencies that do care about helping consumers. Not all of us are scammers but it is hard to tell the difference. Here is a piece of advice if you are being contacted by an agency: Look them up on the BBB website. Also, if you make one payment on a debt it starts the statute of limitations over because it then becomes a new debt. So if you make a pmt plan or accept a settlement follow through on it or it will follow you. You will also want to ask for a Paid in full or settled in full letter that way you have proof of payment for your records so if the client doesn't close the account properly you are able to fax this letter to the new agency and also a copy to the Experian, Trans Union and Equifax to get your credit updated more quickly.

I understand that their a lot of people struggling with no job right now but bankruptcy is not always the correct manner to go. Bankruptcy is not a get out of Jail free card. It has been abused far too many times and now it is getting harder to so. In the legal binding contract you have with a creditor its states that it is not situational or conditional and the account will get paid, otherwise you allow them to all necessary legal action within the legal limitations of said debt.Now, what that boils down too is that if you have the necessary assets to pay an account (ie: car, house, boat, source of income, bank account , mortgage, saving, trust funds, money market, 401K) the creditor has the right to take legal  action to seize it. Bankruptcy is for people who will never be able to pay off the account and the creditor sees that they have no way of paying it off. If you have the ability to pay but no the willingness and you file bankruptcy one of two things will happen; they will reject your bankruptcy which they have the right to do or sue you. I have had family members who were jobless and living off off donations from relative to eat, they filed bankruptcy cause the only thing they had to their name was their house which they paid off ten years ago. They lived in that house for over 15 years. They fled for bankruptcy and lean was put up against their house and taken. It was auctioned off and the profits were put towards their outstanding balance and then their account was closed and reported to the credit bureau as Voluntarily Surrender. They then got themselves a car from a donation of a relative and put in their name. They could not pay for the car it was an Oldsmobile and it was from like 80's. The relative did it to help their credit. Another creditor seized that as they denied their bankruptcy. Make sure you understand the consequences of your actions. The jobless market is down and things are tough but only you decided to get the account and failed to make the payments. Nobody made you get a credit card, only you chose it. You knew you did not have the money to pay it off in full and you knew you contract said if it went delinquent the client would pursue with actions to collect it. If you take things and do not pay for them by using a credit card , it is still called stealing. I hope this post will at least make you review your options and make  a better decision. I know their are people out their they really just can not and bankruptcy is the only solution where as a lot more people just do not want to make sacrifices to pay what they owe.

I personally suggest bankruptcy. Maybe when every american files, these darn credit companies will realize, we can't pay with out jobs, and why are there so many of us unemployed. Take the money your paying these tards, and put it in a draw until you have the bankruptcy filing fee. Most states is $300.00.  You can also file a fee waiver which is also a payment installment waiver. Last but not least you can find free seminar schedule's on filing bankruptcy w/o an attorney, or can put the attorney's fees in draw until the amount has been reached.

Re:scentonyourpillow

Rebuttal#12

"What you have to understand is that the FDCPA was written by collectors and there are plenty of ways to read/view/understand the guidelines. No where in the FDCPA does it define a 'Reasonable amount of time'."

Wrong on both counts. The FDCPA is part of the US code (15 U.S.C. 1692 et seq.,) and therefore written by the Federal Governmentand can be ammended by individual states. i.e. "The Colorado legislature has enacted supplementary state laws (Colo. Rev. Stat. 5-1-101 to 5-12-105 and 12-14-101 to -137) to the federal Fair Debt Collection Practices Act of 1977 (15 USCA 1692 et seq.). The state statutes supplement the FDCPA by providing additional consumer protections. "

'Reasonable amount of time': Is factually true but misleading. Most states define areasonable time as 30 days

I've recently started recieving phone calls from Enhanced Recovery on a debt that I have no knowledge of, so I have requested by phone several times to be sent documentation of such debt, they refuse. But continues to call without full filling my request. But I am grateful that I was looking up there web-site and this addressed appreared first and it has given me information on how to handle my situation. Thank you, Knowledge is Power!

I just wanted wanted to inform everyone that Enhanced Recovery Corporation does not buy debt. They receive an acct and collect on it for a certain amount of time, then it is removed from the office. They can't break up a debt. A lot of times wires get crossed and they recieve the same debt again, or the client broke it up. If West Asset owns the debt and its it's not resolved directly through them, the debt can continue to be pawned off, until someone else buys

It's been a lovely 10 months since Enhanced Recovery stopped bugging me after I sent the debt validation letter. However, I got a phone call from one of their lovely ladies trying to collect the same alleged debt from the same alleged creditor for the same alleged amount. Question for those in the know: They gave the debt 2 different account #'s. Really! The debt they allege I owe is for the same exact amount, the same creditor. (see my first posting for more details). But there are now 2 differing account #'s. I'm thinking this is their way to play games with the Fair Debt Collection Act and violate my 2006 letter, but does it work? Can I go ahead and sue them for violating the FDCA or is that a legitimate defense for them, that there are 2 different account #'s? I'm sending out my certified letter informing them of their violating the Act today, but holding off filing any lawsuit for the time being until I get this question answered. I've got all the documentation, and it certainly appears they are playing games. Thanks

Collectors have no right to call people deadbeats good people fall in hard time & get behind in bill's it does not mean we are refusing to pay. we just don't have the money @ the moment. Also people on this website have no right to call anyone deadbeats it does not give these collectors the right to hound & harass us, to try to force us to pay something we don't have. It seems everybody is in some financial distress today due to losing jobs or health problems, or losing there jobs threw no fault of there own, we should not have to suffer abuse from these collection agencies. We are not refusing to pay we just don't have the money it does not give these collectors the right to call us deadbeats or lowlifes who don't pay there bill's if they do u can sue or anyone else for slander!. Good Day!.

Collectors have no right to call people deadbeats good people fall in hard time & get behind in bill's it does not mean we are refusing to pay. we just don't have the money @ the moment. Also people on this website have no right to call anyone deadbeats it does not give these collectors the right to hound & harass us, to try to force us to pay something we don't have. It seems everybody is in some financial distress today due to losing jobs or health problems, or losing there jobs threw no fault of there own, we should not have to suffer abuse from these collection agencies. We are not refusing to pay we just don't have the money it does not give these collectors the right to call us deadbeats or lowlifes who don't pay there bill's if they do u can sue or anyone else for slander!. Good Day!.

Collectors have no right to call people deadbeats good people fall in hard time & get behind in bill's it does not mean we are refusing to pay. we just don't have the money @ the moment. Also people on this website have no right to call anyone deadbeats it does not give these collectors the right to hound & harass us, to try to force us to pay something we don't have. It seems everybody is in some financial distress today due to losing jobs or health problems, or losing there jobs threw no fault of there own, we should not have to suffer abuse from these collection agencies. We are not refusing to pay we just don't have the money it does not give these collectors the right to call us deadbeats or lowlifes who don't pay there bill's if they do u can sue or anyone else for slander!. Good Day!.

"However, within that reasonable amount of time you must provide written proof of your claim i.e. Fraud, Previously paid or Settled Debt, Bankruptcy/Attorney/Consumer Credit Counseling Services [CCCS] info etc... ERC along with most debt collection agencies will respect your right to dispute the debt for whatever reason however, according to their records you owe the debt until you can legally [in writing] prove otherwise. " Wrong---yet not surprising.

First, Enhanced Recovery Corporation does not buy debt. ERC is an agency hired BY debt purchasers [In your case West Asset Mngmnt] to collect on that debt. Secondly,Yes! If you request a "C&D" vocally or in writing w/ ERC they are required to cease communication for [according to the FDCPA] a reasonable amount of time [[What you have to understand is that the FDCPA was written by collectors and there are plenty of ways to read/view/understand the guidelines. No where in the FDCPA does it define a 'Reasonable amount of time'. ERC, at the risk of legal action, takes extra steps to investigate claims which usually takes a few weeks]] However, within that reasonable amount of time you must provide written proof of your claim i.e. Fraud, Previously paid or Settled Debt, Bankruptcy/Attorney/Consumer Credit Counseling Services [CCCS] info etc... ERC along with most debt collection agencies will respect your right to dispute the debt for whatever reason however, according to their records you owe the debt until you can legally [in writing] prove otherwise. My advice to you... don't let it get that far :)

Rosana, your state "If you read the FDCPA right you will see everything like a collector does..We are not voilating the laws when we receive it and call you as an consumer got 30 days since you get the first msg to dispute the account after that if you fail to do so the debt will be handle as a valid debt to a con.." As a collector you would look at it like that. The law states that just because a consumer does not respond to a DUN withing the first 30 days, does NOT consitute the consumer admitting that the debt is VALID. ? 809. Validation of debts [15 USC 1692g] (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. Thats like saying when collectors send internal print outs as validation and claim Chaudry v. Gallerizzo when someone disputes what was sent. IMO everyone should love debt collectors.. they have bought me a new computer, clothes, paid my bils and even sent me on a nice vacation. They can do that for you too if consumers just take the time and read up on the FDCPA and FCRA.

We are doing what we are told to do, following orders, Levenworth prison, is full of people that said the same thing. So. you company doesn't buy any old charged off debt? doesn't trick or lie to a person in an attempt to collect that debt? Never placed a unvalidated debt on a person credit reprort? used your own in house reports or printouts to fool a person into thinking that this is proper validation? get an collection lawyer to file a suit against a person, knowing full well its past the sol, and then get an default judgement? try to collect a debt, from a person who's debt it wasn't? tell people the only way to pay this is buy phone check or western union? provide false documents? let face it collector, wouldn't have to do any of the above, if you could legally collect on a debt, you would send 1 notice and then sue. But you play on person fear, there not knowing or understanding there rights or the law. collection agency use the courts to collect on a investment. Most people want to pay there bills, thing happen in life. Why should I pay you, all the interest, fee's, ect. when you buy a debt for pennies on the dollars. your company never got an old charged of debt(4 or more years) and claimed you collecting on behalf of the original creditor, knowing that is a lie? try treating people like there human, and you will get the same in return.

When a collection agency gets an acct is usually because someone fail to pay the acct..i am a collector i sit for 8 hours just listing to complains and excuses why they couldnt pay the debt or people straigth up cursing you out it is not a easy job..When a consumer disputes an account it puts it in a dispute mode what it does is that all efforts had been used and collection activity in that company will cease that it when it is send back to the client who is the one that looks for another collection agency..People collectors are just doing their job..We are just doing what we are told to do...In this specific client Wells Fargo a lot of times are checks that had been done after an account was close by a con.....And they dont have a way to get in contact with them and they send it to collections just like credit cards..we are not scams we are just doing what we are supposed to do.. If you read the FDCPA right you will see everything like a collector does..We are not voilating the laws when we receive it and call you as an consumer got 30 days since you get the first msg to dispute the account after that if you fail to do so the debt will be handle as a valid debt to a con..

Thanks, to you and Steve, that clears up some misinformation, mostly on my part.

I checked with my manager as I said I would. He echoed what Steve said in terms of the collection fees, and they are not charged by the agency. One thing he did say in terms of an increase in the balance, is that for example my company would hold the interest off till it was moved to another agency. So for example, if the account built up $100/month in interest, for the first 6 months with West Assett Management they do not add the interest, when they transfer the account to Enhanced recovery, the balance is $600 higher. If the account was paid during the time with WAM, no interest gets added. Thanks to Steve for the compliments. While I still work in collections, I am now in a first party contract with pre-charge off credit cards. IT does give much more of a chance to truly help people

Collection agencies cannot legally charge collection fees to the consumer/debtor. Collection agencies can only attempt to collect the original amount plus interest as allowed by law. Collection fees come out of the proceeds. Collection cost is a loss on the creditors part. the creditor hired the collector, and they need to pay them. Any collection agency who cannot collect on a debt, usually gets nothing. They take a loss on their efforts. And for Don, you seem to be sincerely interested in helping people and doing things right. I can appreciate that, and I exclude you in my posts regarding collectors. keep up the good work.

There are 2 reasons why a collection agency might assign accounts to another agency. First, on a straight volume reason. If you are talking about the really large companies, they may just purchase more accounts than they can handle. Second, a different agency may be able to explain things different, and convince a debtor to pay where the first agency failed. As far as I know, if for example Palisades gets Enhanced recovery to work an account, and enhanced recovery gets the payment, ER would get the payment. They may pay a small portion to Palisades though. J's questions will be much harder to answer, as I am a collector, not a manager. I will try to get answers by asking the manager, but he gets to work office hours, and is long gone home now.

Don, from Ill. When you turn over an account to another collection agency's after 6 months, did your company charge a fee and do you happen to know if the new collection agency's charges an additional fee? Does this new agency's have to valaidate if requested? I'm not jumping on you, so far your the only one that has admitted to doing collection and have give honest advise to people, so please don't take my question wrong> just trying to get an understanding on these things. thanks

Don, from Ill. When you turn over an account to another collection agency's after 6 months, did your company charge a fee and do you happen to know if the new collection agency's charges an additional fee? Does this new agency's have to valaidate if requested? I'm not jumping on you, so far your the only one that has admitted to doing collection and have give honest advise to people, so please don't take my question wrong> just trying to get an understanding on these things. thanks

Don, from Ill. When you turn over an account to another collection agency's after 6 months, did your company charge a fee and do you happen to know if the new collection agency's charges an additional fee? Does this new agency's have to valaidate if requested? I'm not jumping on you, so far your the only one that has admitted to doing collection and have give honest advise to people, so please don't take my question wrong> just trying to get an understanding on these things. thanks

Don, from Ill. When you turn over an account to another collection agency's after 6 months, did your company charge a fee and do you happen to know if the new collection agency's charges an additional fee? Does this new agency's have to valaidate if requested? I'm not jumping on you, so far your the only one that has admitted to doing collection and have give honest advise to people, so please don't take my question wrong> just trying to get an understanding on these things. thanks

Each of these collection agencies is a different, independent company. If one collects from a "passed on account", as you described, to collect but they didn't purchase the account, do they pass any money collected to the original? I see collection agencies scamming each other....and the individuals who allegedly owe the debt as one company will not report the paid to the other and collection activities will continue. What a scam! No wonder there is language prohibiting this in the FDCPA!

In this case, West Asset Management may not have sold the debt, but may have given it to another agency to collect on. I work in a large CA, and in my old 3rd party contract days, my company had done that. We would get an account, and we would have it for usually 6 months. IF we had no luck collecting on it, they would sometimes sell it, but more often would assign it to another agency to collect for us. Most CA's have a working relationship with each other, and just becuase my office can not collect on it, does not mean that someone else might not be able to.

Elaine, Keep in mind that there is no such thing as a "cease & desist" for collections, only a CEASE COMMUNICATIONS that prevents further contact, but does not stop further collections activity such as a lawsuit. Forget the Cease comm to the new agency right now. just do the debt validation request. Do this by certified mail, return reciept requested and be sure to put the certified# on the letter itself and keep a copy for your records. this is very important as it proves exactly what you sent. In this letter clearly dispute the debt altogether [never mention the original debt or the previous collections efforts] and demand to see the original signed contract and a full account history and itemization of all charges, as well as proof that they are legally entitled to collect the debt including any purchase contract with proof of payment and amount paid. This way you can trap them into falsifying documents or boosting up the amount so you will have concrete grounds to sue them under the FDCPA. Just give them enough rope to hang themselves. Do not volunteer anything or give them any information they don't already have. It's fun dealing with morons. Might as well get paid while your doing it! Have fun!