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Settling with CA's - Need Advise ASAP

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PostPosted: Thu Jul 17, 2008 11:22 am Subject:

BTW - who is "NES?" Is it National Enterprise Systems?
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PostPosted: Thu Jul 17, 2008 11:29 am Subject:

Amount written off was about $27,000. They agree only today to settle for $11,000. of course, I know they are playing hardball with the 'today' threat.
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PostPosted: Thu Jul 17, 2008 11:30 am Subject:

Who is NES?
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PostPosted: Thu Jul 17, 2008 11:31 am Subject:

National Enterprise System
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PostPosted: Thu Jul 17, 2008 11:35 am Subject:

Oh, sweetie...NES is a junk debt buyer.

Have you done the DV yet. Are you sure that NES has the right to collect it.

There is so much more to consider than just paying them a chunk of change immediately. As a CA, they have to provide certain information if you request it from them. Have you taken all the steps?

If not, I am sure we here can help you. (IMO, I wouldn't pay them a dime before all steps were taken.) Chances are they bought the debt for pennies on the dollar and are making a HUGE profit if you pay them the $12K.

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PostPosted: Thu Jul 17, 2008 11:38 am Subject:

Anyone know a good attorney to review the settlement offer? I'm not comfortable making the payment until I know it's legit....
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PostPosted: Thu Jul 17, 2008 11:41 am Subject:

When I called Chase earlier this week, that is who they said had the account.
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PostPosted: Thu Jul 17, 2008 11:42 am Subject:

DID YOU SEND THEM A "DV" LETTER, before you got to negotiations of settlement?

There are many steps to take to determine if the CA is authorized to collect on a debt.

As for an attorney, what state are you in? If you register with this site, you might get better responses and we can help you more.

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PostPosted: Thu Jul 17, 2008 11:42 am Subject: o

oops
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PostPosted: Thu Jul 17, 2008 11:45 am Subject:

No, I didn't DV them. Chase said they had the account, so I figured they did. I'm from Wisconsin
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PostPosted: Thu Jul 17, 2008 11:49 am Subject:

In my opinion, I wouldn't send NES a DIME before they validate the debt. How these collection companies work is very sneaky, and what's to say that NES only owns Half of your debt and didn't sell the rest to some other CA.

Suggestion...seach this site for collection process and see how others have handled their debt collection.

I, as well as others here, are happy to help you.

BTW...if you send the collector a DV, that buys you 30 days to create a plan of action and possibly find an attorney if you need one. I wouldn't feel pressured to settle so quickly without the CA following certain protocol. You have the right to ask them to substantiate the claim. No validation...no money...no way...no how!!!!

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PostPosted: Thu Jul 17, 2008 11:51 am Subject:

WI? When was the last time you made a payment on the account? Are you still w/in SOL of 6 years?
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Texas Residents

All CA's are required to post a bond with the SOS
http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

When requesting Validation, reference the FDCPA as well as Chpter 392 of the TFC:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000 392.00.htm
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PostPosted: Thu Jul 17, 2008 11:53 am Subject:

ahh...good point, nascardevil!!!
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PostPosted: Thu Jul 17, 2008 11:55 am Subject:

Not only does WI have an SOL they also have a Statute of Repose which extinguishes the debt on expiration of SOL. A stretch I know but I can see a JDB settling for half when they could be entitled to NOTHING.
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Texas Residents

All CA's are required to post a bond with the SOS
http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

When requesting Validation, reference the FDCPA as well as Chpter 392 of the TFC:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000 392.00.htm
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PostPosted: Thu Jul 17, 2008 11:57 am Subject:

Keep in mind however. If you send them a payment or even made a promise to pay it restarts the SOL.
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PostPosted: Thu Jul 17, 2008 12:02 pm Subject:

Well, if promise to pay was verbal, wouldn't that be difficult for them to prove and hold you to?
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