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Sub: #193 reply
Replied on 02-28-2009, 03:41 PM
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use the address on the first page of the topic to send DV letter.a couple of questions.

what knid of debt is this?
what state are you in?

that will go a long way in determining your next move.

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Sub: #194 nes
Replied on 03-17-2009, 05:50 PM
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I just recieved a phone call from an unknown source just a fem adv that I have to be in court on March 25 for a company that NES supposabley is handling but the company they say they have my debt with the company says they have my account still and I just made a payment to them on Friday... This fem just asked if I had legal representation.. I said no... she said we will see you in court on March 25 and hung up.. Did not inform me on where we are suppose to be in court... etc.. I recieved my letter from NES on March 12??? How can I supposably be being taken to court already it hasn't even been 30 days since my letter...???

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Sub: #195 nes
Replied on 03-17-2009, 05:50 PM
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I just recieved a phone call from an unknown source just a fem adv that I have to be in court on March 25 for a company that NES supposabley is handling but the company they say they have my debt with the company says they have my account still and I just made a payment to them on Friday... This fem just asked if I had legal representation.. I said no... she said we will see you in court on March 25 and hung up.. Did not inform me on where we are suppose to be in court... etc.. I recieved my letter from NES on March 12??? How can I supposably be being taken to court already it hasn't even been 30 days since my letter...???

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Sub: #196 nes
Replied on 03-17-2009, 05:52 PM
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I am in missouri and its a education loan.. from chase??

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Sub: #197 nes
Replied on 03-17-2009, 05:52 PM
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I am in missouri and its a education loan.. from chase??




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Sub: #198 reply
Replied on 03-17-2009, 05:54 PM
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check with your court clerk to see if there is a court date.if not look into your state laws in regards to recording calls.then get a DV and C&D letter out asap.payment or not make them prove you owe them.i doubt there is a court date,but check with your court clerk to be sure.

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Sub: #199 NES (National Enterprise Systems)
Replied on 03-30-2009, 07:50 AM
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NES has been calling us just about daily (morning and evening) for many weeks now. Here's the small amount of info I know about them and their tactics:

1. NES seems to be a debt collection agency. Now--debt collection agencies CANNOT collect debt from you UNLESS you either:

a) Agree to their demands and give them personal account information by which they can garnish your wages, -OR-

b) Have received a JUDGMENT against in you in a court of law, and only then after a "cooling off period" (normally 30 days, but may vary from state to state).

2. DEBT COLLECTORS are very well trained in many, many different tactics/techniques which they use with precision and great expertise to get your money from you. If you owe money to someone, you will most likely have to repay some or all of what you owe--but ONLY AFTER a judgment in court is granted against you.

3. My recommendations (from a non-lawyer, retired person perspective) are for you to:

a) Just don't talk to them at all. They have no legal authority UNTIL a judge grants a decision against you. And you will most likely know that is going to happen to you by all the legal documents you will be getting from the legal firm for the "other side."

b) Do NOT give out any personal information to them, ESPECIALLY bank account information, places of employment, etc., which they can use to garnish your wages. They CANNOT garnish your wages unless YOU ALLOW THEM TO, or until AFTER a court-ordered judgment is granted against you.

c) RECORD all your personal telephonic contacts/ communications with them IF you choose to speak with them (buy a phone recorder or answering system with an electronic DATE/TIME "stamp" capability and turn it ON whenever you speak to them--but you should TELL THEM you are recording the conversation). Make sure you have spare tapes and SAVE all conversations. If you buy a digital recording system, you may have to save a copy by recording the conversation(s) back to a cassette tape system or similar device.

d) If you have a lawyer friend or acquaintance who would be willing to minimally charge you (perhaps for free?) to take calls from them, give NES your lawyer friend's phone number. You MUST set an UPPER LIMIT as to how much you are willing to pay your lawyer for his/her services (in taking these calls), after which time you will no longer retain him/her AS your lawyer, and after which time you are no longer their client. Make SURE you get this contract with your lawyer IN WRITING. This will sometimes help to stop the calls.

e) Pay close attention to WHEN the phone calls come in from NES. They are obligated by federal law to only call during "reasonable" hours---that usually means no EARLIER than 8:00am (your local time) and no LATER than 8:00pm (your local time). If they are calling AFTER 8:00pm or BEFORE 8:00am they are breaking the law (which is the reason to buy a phone recorder with an electronic DATE/TIME stamp capability). Once you can prove they are breaking the law, they'll usually leave you alone because the FINES on THEM are HUGE. Caution: Do NOT LIE by changing the time on the recording machine to a false time--that can easily be discovered and then you'll be guilty of fraud and false reporting--remember, NES keeps records also.

Hope this helps.

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Sub: #200
Replied on 03-30-2009, 02:25 PM
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I've been staying at my grandparents house in Georgia, but I'm a legal resident of California. They've been calling me here.
A couple weeks ago they told me the next day I was being sued and I cried. They told me there was no reason to cry, and I told them I didn't have a job and I can't make money appear out of thin air so I had every reason to cry. They hung up on me.
Actually, they hang up on me now if I do any of the following: cry, mention getting a lawyer, telling them that I know by law they can't sue you if you start sending them payments no matter what the payment is since you are making an attempt to pay your debt. Actually, that last one I only heard and I don't know if it's true, but it gets them to hang up on me.
They told me inability to pay is the same as refusal to pay, I don't buy it. I'm going to pay what I can manage to gather up because technically they can't sue me for not paying them if I'm paying them. I'm going to send them a cease and desist letter to because while a legal citizen of California, I'm technically homeless and I can't have them calling me at every couch I crash on. I'd rather they call my cellphone, at least then it's my choice to ignore them--my poor grandma thinks it's actually important.




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Sub: #201 reply
Replied on 03-31-2009, 10:41 AM
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send the cease and desist letter along with a debt validation letter before you send anything.you are right,inability to pay is not same as refusal to pay.do not send this bottomfeeder anything without validation.send the letters certified mail return receipt.can you give us more details on this like.

what kind of debt?
when was the last payment made?

who knows,this might be past the statute of limitations.do not pay anyone without something in writing first.

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Sub: #202
Replied on 04-02-2009, 02:05 PM
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This company has been calling my home and leaving messages - for someone who does not live here nor do I know them. When I returned the call - one person couldn't find my number in the system and said there was nothing she could do to stop them and another person said she would file a report to ask them to delete my number from their system, but I would probably get some more calls until it went through. Yikes.

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Sub: #203 HElp
Replied on 04-04-2009, 03:56 PM
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I am having similar issues with them all becasue of a sears card. I truly want to get this debt clear and was misled with Sears which led to this collection agency. National Enterprise Systems will not work out a payment plan with me or even give an adress so that i can mail them payments. All they claim is if I Do not send money they are suing me. I have read the forums and realize I am not the only one recieving threatining phone calls my debt was from august 08. I never recieved anything in the mail but just the phone calls. I am going to write a letter for DV. Can I still do this? Each time I ask for an adress they refuse to provide one. Besides writing the letter what else can i do becasue I really dont want a judgement placed against me when i have attempted to try to arrange something?

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Sub: #204 HElp
Replied on 04-04-2009, 03:59 PM
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I am having similar issues with them all becasue of a sears card. I truly want to get this debt clear and was misled with Sears which led to this collection agency. National Enterprise Systems will not work out a payment plan with me or even give an adress so that i can mail them payments. All they claim is if I Do not send money they are suing me. I have read the forums and realize I am not the only one recieving threatining phone calls my debt was from august 08. I never recieved anything in the mail but just the phone calls. I am going to write a letter for DV. Can I still do this? Each time I ask for an adress they refuse to provide one. Besides writing the letter what else can i do becasue I really dont want a judgement placed against me when i have attempted to try to arrange something?

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Sub: #205 THIS COMPANY NEEDS TO FRY!!!
Replied on 04-15-2009, 03:18 PM
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I am currently dealing with this company as well. I am getting no where and all i want to do is setup payment to get my debt all cleared up. They keep calling my mother in law over and over and over again! even though i have called them to setup payment and gave them my direct number to contact me! To top it off my mother in law is recovering from cancer and starting chemo treatments!!! They do not care!! they enjoy harassing people!!! The only conclusion i can come up with is to let this debt go to a lawyer, get a judgement on my record, get served a summons and quickly pay the debt off before my court date!!! (i only know this because of one other credit card i let go this dilenquent). I cannot handle this company. Forget them!! They'll get their judgement back one day! In HELL!!!

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Sub: #206 National Enterprise Systems
Replied on 04-25-2009, 01:46 PM
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I made an over the telephone settlement with National Enterprise Systems for $491.50 when my husband owes $982.55. They are after me because he didn't pay the debt. I made a big mistake of giving them a checking transaction over the telephone. They claim they couldn't send me a settlement letter until I made the transaction. I realize it was a mistake because when they took the routing number for my checking
account, they said they didn't need a check number. I was suppose to get a settlement letter by e-mail. I have not received a settlement letter instead I received a bill for the total amount of $982.55 including the bank transaction.

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Sub: #207 Report all suspect activity to the FTC and BBB
Replied on 04-28-2009, 09:44 PM
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Collectors are not immune. They have paid for their harrasment and if you will start a class action suit National Enterprise Systems will pay as well. The FTC.gov site has a lot of good information.

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Sub: #208 NES - Messages
Replied on 04-29-2009, 06:28 PM
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All the automated messages are illegal. Per FDCPA and the case of Foti v. NCO Financial Systems - even automated messages as well as messages left by a person from a 3rd party debt colelctor must state who the call is for and have a disclosue in the course of the message to advise anyone who is not the debtor a chanceto stop listening. Then it is to proceed with the nature of the call being to collect a debt, no other infor allowed to be given - i.e. casenumbers, legal terms, ramifications, or any sense of urgency) and the identity of the company and the call back number. You can contact a lawyer. Also it is against the law for a collection agency to leave more than 1 message per day per debt. If a colelction agency leavs a message at 8:30am then it is technically illegal to call back at all for the rest of the day becuase that is considered as legal "debtor contact". If you do want to consult a lawyer, be sure that keep all recorded messages and phone logs of when their "unkown caler" status shows on the screen. If you do happen to talk to someone on the phone don't give in to any demands and record the call. WARNING! If you do record the call be sure that you live in a 1 part state - that means a state that only one party has to know about the act of a recording. If you live in a 2 party state then you shouldadvise the person on the end that you are recording the call. Most judges arepretty lenient if you record a call from a debt collector, even if you don't state that pupose, but you never want to take your chances against these slimeballs.




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