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Sub: #1 help!! national enterprize said there gonna sue me
Replied on 03-10-2008, 10:20 AM
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they said they have a account form verizon (since sep)there number is 1-800-261-3766,they said i owe 265.00 dollars and if they have to sue me they will sue for 1,000 dollars and a judgment will be on my credit report and will bring my score down more.i called verizon a few days ago and ask them to send verification of the debt they told me to call the above collection i did and they said they didnt have anything and to get it from verizon.i called verizon again and told them what collections said and verizon said ok they will send the papers out.i dont wanna be sued because of this 265.00 dollars yes its two hundred sixety five dollars i need advice help!




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Send message to frogpatch
Sub: #2
Replied on 03-10-2008, 10:22 AM
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You need to send a debt validation letter to the collection agency. The burden of proof lies with them. Send it certified return receipt. Go to this link and read about the bottom feeders you are dealing with! http://www.budhibbs.com/debtcollectorpages/nes.htm

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Sub: #3 heartattack!
Replied on 03-10-2008, 10:22 AM
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i feel like im haveing a heartattack,i dont have money for a lawyer..............

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Sub: #4
Replied on 03-10-2008, 10:23 AM
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You need to use Jc's debt validation template and sent them a certified letter for debt validation instead of asking them by phone..

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Send message to kashzan
Sub: #5
Replied on 03-10-2008, 10:24 AM
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Until they validate the debt all collection attempts must stop. Send the letter as Frog suggested. Then it is a waiting game.

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Sub: #6
Replied on 03-10-2008, 10:24 AM
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the collection people said for me to ask verizon they said they cant send me anything.




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Send message to paulmergel
Sub: #7 reply
Replied on 03-10-2008, 10:27 AM
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it is up to the collection agency to validate the debt.as well there right to collect it.




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Send message to frogpatch
Sub: #8
Replied on 03-10-2008, 10:27 AM
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There are many attorneys that will take fdcpa violation cases on a contingecy basis. Here is the link again in case you missed it. Read all about the slime you are dealing with!
http://www.budhibbs.com/debtcollectorpages/nes.htm

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Send message to kashzan
Sub: #9
Replied on 03-10-2008, 10:27 AM
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The collection agency MUST validate the debt. It is up to them, not you. Did you get a letter from the CA.On the bottom it tells you what to do if you if you dont agree with the letter. Burden of proof is on them as Frog mentioned.

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Sub: #10
Replied on 03-10-2008, 10:28 AM
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should i call the collections and tell them ill be sending a debt validation letter and there collections must stop until i get that......and really can they sue me for 1,000 since they say i owe 265.00




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Send message to paulmergel
Sub: #11 reply
Replied on 03-10-2008, 10:33 AM
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send the dv and c&d letters certified mail return receipt.once they sign for and receive that,they must stop all collections until they do validate.trust frog and kaz.send those letters,once received,you can get them for fdcpa violations.you don't have to tell them anything about that.



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Send message to FloridaRon
Sub: #12 Wow!
Replied on 03-10-2008, 10:38 AM
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Danell,

You don't have to call them and tell them that. Make sure, though, you send the letter certified mail, return receipt requested.

Make sure you ask them to explain and document how they arrived at the $1,000. Also, make sure you tell them to no longer contact you at work in that letter.

Here is a link to a sample debt validation letter.

http://www.debtconsolidationcare.com.../about216.html

Let us know how it works out. Also, you might want to consider registering on this site. Lots of helpful information and people here.




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Send message to skydivr7673
Sub: #13
Replied on 03-10-2008, 11:00 AM
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Danell--

I am currently dealing with this exact same CA. I have plenty of information that should help you relax a bit.

First, dont panic about their "we're about to sue you" comments. They first called me(my wife, actually, but she lets me handle them because I know the laws) right at the beginning of February and told me that they were about to press criminal charges for theft and defrauding a financial institution. THIS IS ILLEGAL FOR THEM TO TELL YOU--THEY CANNOT PRESS CRIMINAL CHARGES IN A CIVIL MATTER, which is what debts are. Once I told her that she was lying, and that it is illegal to make such claims, she said "thats not your decision, thats my client's decision, and they are the only ones who can decide whether or not to arrest you." I was told at that time that my wife owed "over $700". The lady didnt even identify the supposed original creditor.

The next day, I got a second call, from a guy. He tried to tell me the same bit, and I shut him down in a hurry. These calls continued, and I had one lady actually shouting on the phone at me--YOUR GETTING SUED, HA HA, YOURE GETTING SUED.....Well, at that point, I had enough. I recorded all the calls, since it is legal in my state, so I had enough evidence to really put this to bed. The next call I got, I immediately demanded the supervisor be put on the phone. She told me that they had nothing--no information whatsoever--about my wife being sued, and wanted to know who was telling me this. Come to find out, this debt is supposedly a Discover card with a $548 balance....we have never had Discover. So, I told her on the phone that since I was recording this call, that I do not need to send them validation demands in writing because I can prove that my request was heard by an employee of their company.

Still waiting for validation to arrive....hasnt happened yet, and that conversation with the supervisor took place on 2/6/08

I would take a deep breath, try to calm down, and send off the DV letter certified mail, return receipt requested. Do it as soon as you can. By the way, just in case you were not aware, if they tell you that they are going to sue you and they do not, it is a violation of federal law. You also need to know this--it is not YOUR job to validate the claims that this CA is making. It is THEIRS. What you need to do is send that letter, and be sure to include a statement in that letter that says:

At this time, I also hereby request that all further communication regarding this matter be done through the mail. You are now informed that no communication is to take place by any other means, including but not limited to computer dialers, telephone calls to my residence, cell phone, or place of employment. All correspondence from this point forward is to be done solely by mail. Failure on your part to abide by this request is a violation of the Fair Debt Collection Practices Act and will force me to file suit against you.

You need to send them the validation request no matter what Verizon sends you because they are the ones making claims that you now owe THEM money. The law requires NES to do this, they lied to you when they said they could not. They told me the same crap, and when the supervisor got on the phone, she was afraid that I was possibly a lawyer. More on that later, because we are in the process of suing these morons.

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Sub: #14 thankyou
Replied on 03-10-2008, 11:34 AM
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thankyou for calming me down everyone you are all awesome!!!!thankyou,im writeing the debt validation letter now.

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Sub: #15 thankyou
Replied on 03-10-2008, 11:36 AM
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you guys are all awesome thankyou!!



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Send message to FloridaRon
Sub: #16 Wow!
Replied on 03-10-2008, 02:11 PM
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As usual, skydivr7673, you are right on target! Great advice! I think it always makes someone feel better when you can share a similar story of something someone else is going through. Helps even more when the story involves the same CA.

I would have loved to have been listening in on the phone conversation with the woman screaming at you! Bet it was a hoot!

Hey, I take may laughs where I can get 'em!




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