Internet's first get-out-of-debt community - 128,000 members

HEllo and thank you for this valuable resource!

I'm having some trouble with National Enterprise Systems.

They have been calling several times a day for weeks. I have had some shouting matches with them and they have threatened to call every single morning, first thing "so we're the first thing you think of when you wake up."

So when I did get a contact there and discuss my debt, she threatened "legal proceedings" if they don't get a resolution immediately.

I was scared and gave her my bank info for an initial payment after the holiday. Now I think that was a very bad idea (read somewhere that they will often take more than was agreed), and am scared about what they might do.

They keep calling constantly. When I try to get this particular contact on the phone, she is always busy.

What should I be doing here?

This is all kind of murky and scary territory, and I have no idea how to proceed.

Should sending a cease and desist letter be my first step?
How about a debt validation letter?

The only thing CA tells me is that this must be dealt with immediately, or they will pursue legal action.

I really don't have the money to pay them right now, but would be willing to come to some sort of agreement. Should I do that? Should I try to negotiate down? How can I trust this company that has harrassed me so mercilessly (and which has so many complaints against it) with my bank info for purposes of payment??

Can they sue? If I have evidence of their breaking laws (harrassing, threatening, etc), should I be eager to get into court with them??

Guest · Posted: Sat Dec 23, 2006 11:42 am Subject:

Anyone?
I have to talk with national enterprise today.

Also, the 30 day window for DV is closing.

Posted: Sat Dec 23, 2006 11:57 am Subject:

lapine - welcome to the forums! Since you have registered with the site, a debt counselor will contact you within a few days (after Christmas) to discuss your situation.

As far as the CA trying to intimidate you, don't let them. Do you know that this is a valid debt, and that you truly owe it? If so, it sounds like you are on the right track by starting to make payments. However, I would not advise paying anything by ACH or debiting your bank account. Get an address and send them a money order. That will stop them from debiting your account for more than you agreed to.

If, however, national enterprise system do debit your account for more than you agreed to, go directly to your bank and dispute the charge. You should be able to have it reversed if it was for more than you agreed to.

I'm curious, though - why do you have to talk to them today, if you have already given them your account info to withdraw a payment? There should be no reason to speak with them further - and I would tell them that.

In the meantime, keep posting and keep us updated on your situation.

Guest

TY Suebee!

I bascially need to instruct them not to make any withdrawal. Realize that I'd made a mistake giving them bank info, and don't want to incur charges.

Looking forward to speaking with someone.
Best.

Posted: Sat Dec 23, 2006 12:16 pm Subject:

lapine - glad we were able to help you out. Relax and enjoy your holidays!

Posted: Sat Dec 23, 2006 12:24 pm Subject:

You have reasonable questions with answers at the back of your mind. You must get the debt validated by the collection agency and confirm their collections are legitimate. Keep a check on your bank account as they will be trying for a debit. This is fair only after they send you the debt info. Send your debt validation letter to their mailing address. Send it through certified mail with return receipt requested and keep a copy in your file. In the meantime, request your bank to "hold" any transaction done by this CA. Without complete info given by the CA, you have reason to block them if they are trying a debit.

Posted: Sat Dec 23, 2006 5:18 pm Subject:

Collection agencies are governed by the FDCPA. You should educate yourself on it. It also states in the FDCPA that if a collection agency take more than the designated amount and deposited your check before the designated day you can sue them for a fine.

If the debt is within the SoL (statue of limitations) then they can sue you for the monies owed. That is the legal action they were most likely discussing.

What type of debt is this? Credit Card? Pay Day Loan? Bad Check?

Pansie · Posted: Fri Apr 27, 2007 7:11 pm Subject: National Enterprise Systems

I owe some money on a credit card, National Enterprise Systems called me and my husband and said if we didn't pay the money within a week that a would garnish money from his paycheck. I've heard that you can only garnish money from a paycheck if its for taxes or child support. Does anyone have an answer for me. Thanks

Posted: Fri Apr 27, 2007 7:51 pm Subject:

It depends on what state you are in but if they were going to garnish your check it would have to go to court before hand. The only people who can get a garnishment without court is the government/childsupport

Posted: Mon Apr 30, 2007 4:22 pm Subject:

I have a case pending against National Enterprise Systems for similar threats. If your state does not allow garnishment for unsecured debts, they are violating the collection laws meant to protect you every time they make the threat.

Posted: Tue May 01, 2007 6:36 am Subject:

If they threaten to file suit or start legal proceedings and do not follow up with it,they are breaking the law.The FDCPA states a collector cannot threaten to take an action that is not possible or threaten to take an action they have no intention of taking. Please review the links in my signature.The first two are the federal laws for collection and credit reporting.The bottom link is for a debt validation letter which you would send certified return receipt.

NES Buster · Posted: Mon May 14, 2007 1:01 pm Subject: what is national enterprise?

NES collects for many creditors across the country using any illegal tactic available to scare people to make give check info that they can not keep. They try to get you to give check account information so they can still run a check even though they no it is not good just so their clients think they collected money in that month, My goal is to organize as many people across the country to bring this company down and close them for company wide FDCPA violations.

DWAYNE · Posted: Fri Jun 15, 2007 10:06 pm Subject: NES

They took my information and postdated a check for the end of the month. It was 21 days between i gave them my information and they tried to take money out of my account. Which is illegal. On a post dated check for more than 10 days a collection agency must send you a written letter stating that they are going to withdraw the money within 5 days of them cashing the check. It is a federal law. Anyone wants to get together to take them down let's do this.

BrandonMikal · Posted: Wed Nov 07, 2007 1:24 pm Subject:

yea I gave them my info as they said they would take involuntary measures to collect my debt, which by the way is $120 parking tickets from Ohio U last year. By now w/ interest it was 132.50 and OU sent the debt to the Ohio Attorney Generals Office. I missed a payment with them and the [u]Ohio Attorney Generals Office [/u]sent the debt to NES. yeah go figure

Posted: Thu Nov 08, 2007 6:12 am Subject:

I would imagine Natinal Enterprise Systems would serve you for unpaid tickets, in the state I live in the campus police for my state university are certified law enforcement. Citations they write are the same a officer would write. Did you call Ohio AG's office and verify this?

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