National Enterprise Systems: How to deal with this debt collector



National Enterprise Systems (NES) is one of the many collection agencies which have made their presence felt through all the wrong reasons. They would tell almost anything to take the money from you.


One consumer has the following experience with National Enterprise Systems.

"National Enterprise Systems has 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." Know more...


The consumer got scared and gave her bank details to the National Enterprise Systems representative. Well, it would be redundant to say that it's the last thing that you should give out. But, what you should do when National Enterprise bullies you to pay.

How to deal with National Enterprise Systems collection agency

  • When you are contacted by National Enterprise System, ask for debt validation through certified mail with return receipt requested (CMRRR). You mustn't agree to pay a collection agency without validating the account.
  • Don't commit to an ACH arrangement over phone, rather you must ask for their physical address to make the payment by sending a check/moneygram.
  • Even if you have allowed them to debit your account, request your bank to hold any transaction by National Enterprise Systems till they validate the debt.
  • Don't succumb to their pressure. Making threats with lawsuits and jail terms are illegal and a clear violation of FDCPA.
  • Update yourself with the FDCPA laws; so that you can protect your rights against such abusive collectors.

Common FDCPA violation by NES and your defense against it

1. Threatening with lawsuit: If you are threatened by National Enterprise Systems with a lawsuit but they don't follow up with it later on, they are violating FDCPA. Read on...



Check out your state laws regarding recording conversation. If it is allowed, then you may want to record the threats made by National Enterprise Systems collectors. This can be used later as evidences when you sue them for FDCPA violation.


2. Threatening with wage garnishment: It is a violation for the collection agency to threaten a debtor with wage garnishment where it is illegal. Read more...



Further, to garnish your wages, the collector has to sue you in the court and win a judgment against you. Hence, the collector is surely violating the law when he threatens with garnishment without winning a judgment against the debtor.



If a collector threatens to garnish your wage or put lien against your property, confirm the state laws regarding these. You may also consult an attorney about your rights if needed. Also remember, that you can't be arrested for not paying a debt in USA. Check out more on the scare tactics used by the debt collectors and know your options.


3. Withdrawing more money from account: Collection agencies, like National Enterprise Systems, tend to withdraw more money from the bank account than authorized by the debtor. This is again a violation of the FDCPA.



If National Enterprise Systems withdraws more than the agreed amount from your account, you must immediately contact the bank and dispute the charges.


Remember, knowledge is the key when fighting against this collector. The more you are aware of your rights, the better you can fight abusive collectors from National Enterprise Systems.


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12-22-2006, 05:24 PM
lapine lapine is offline
Join Date: Dec 2006
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Sub: National Enterprise Systems: How to deal with this debt collector

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?
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12-22-2006, 06:26 PM
lapine lapine is offline
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Sub: National Enterprise Systems is a murky story

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??
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12-23-2006, 09:42 AM
Anonymous
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Sub: National enterprise

Anyone?
I have to talk with national enterprise today.

Also, the 30 day window for DV is closing.
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12-23-2006, 09:57 AM
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SUEBEEHONEY70 SUEBEEHONEY70 is offline

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Sub: National enterprise system

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.
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12-23-2006, 10:15 AM
Anonymous
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Sub: To ask National enterprise not to withdraw from account

TY Suebee!

I basically need to instruct National Enterprise System 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.
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12-23-2006, 10:24 AM
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mcranberra mcranberra is offline
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Sub: Send DV to National enterprise system

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 NES. Without complete info given by the CA, you have reason to block them if they are trying a debit.
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12-23-2006, 03:18 PM
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FYI FYI is offline

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Sub: national enterprise systems

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?
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04-27-2007, 06:11 PM
Anonymous
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Sub: 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
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04-27-2007, 06:51 PM
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Leah Leah is offline
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Sub: National enterprise system

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
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04-30-2007, 03:22 PM
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texaslawyer texaslawyer is offline
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Sub: national enterprise systems lawsuit

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.
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05-01-2007, 05:36 AM
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cajunbulldog cajunbulldog is offline

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Sub: National enterprise system FDCPA violation

If Nation Enterprise threatens to file suit or start legal proceedings and does 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.
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Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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05-14-2007, 12:01 PM
Anonymous
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Sub: organising people against national enterprise systems

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.
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06-15-2007, 09:06 PM
Anonymous
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Sub: National enterprise systems complaints:They illegally cashed in my check

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.
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11-07-2007, 11:24 AM
Anonymous
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Sub: national enterprise systems

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 Ohio Attorney Generals Office sent the debt to NES. yeah go figure
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11-08-2007, 04:12 AM
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JCEMT JCEMT is offline

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Sub: National enterprise

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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11-21-2007, 03:31 PM
Anonymous
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Sub: national enterprise systems

The people at National Enterprise System are trained to collect a debt. Remember you the consumer signed on that line, taking full responsibility for making the payment. Merchandise that you charge on your credit cards isnt free, you have to pay for what you charge for, because the debt aint gonna go away.
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