NES Collection Agency, summons, questions!!!

Relax, two thing wrong with what they are saying.

1. The DA is not going to get anything because this is a civil matter and they don't care. They said this to sacare you.
2. If they are sending it back to BoA then they have no standing to do anything regarding this date.

NES has to send you a letter stating the amount owed, the original Creditor and that you have thirty days to dispute.

So you can contact BoA and ask if they sold the debt or if NES is acting on their behalf. Also tell them that NES said they are sending back to them. You might be able to get a settlement with payments with BoA.

You stated that BOA claimed they sold the debt to NES. If that is true, BOA is out of the picture and the claim that they would return it to BOA is false. Are you sure they sold it or assigned it to NES to collect? What state do you live in and when did you make the last payment?

I live in AR. I have called BOA a few times trying to figure out what happened. The first time a woman in the recovery department told me it had been assigned to NES and that BOA still owned the account, although they could do nothing to help me make payments to them anymore. A few days later, I called again and a different woman told me that account had been sold. I am going to call them back today and ask them if the procedure NES is threatening is possible (getting a summons when they - their "legal department" got the account).

The last payment I made to BOA was either December or Jan. We've just been unable to pay and we realized last week that we think we can start making payments, that's when I called them, they told me to call NES, and all heck breaks loose. NES had acquired the account on Oct. 4 and I call on Oct. 7 and it's time to sue?

I was thinking of sending them a payment along with that stub I got in the mail - even though they said they wouldn't accept payments, will that show that I truly do intend to pay it back? This account is acruing almost $300 interest and fees per month, and he laughed at my payment offer of $100 a month. I probably couln't do $300 a month for almost another year, at the least 6 months from now.

About the debt validation letter - I was thinking I didn't need to send one. I know NES is authorized to collect the debt - I got that straight from Bank of America, and the $9300 is the correct amount, and I know I owe the debt. Is there a different reason to send one of these letters?

Anyway, thank you guys for your replies, I will be checking back to read anything more anyone has to offer, or to answer any more questions.

NES is calling me today at 1 pm as a last follow up. I dread answering the phone, but I'm afraid if I don't that they really will do something. Ugh.....

NES is a nightmare to deal with. Just type it in on the search engine for this website. One of the posts are my own. Threatening to charge my husband with Theft of Services, threatening to sue if I don't give them $5000 this month. Really just bad people in general.

They violated just about every single fdcpa law there is while on the phone with me. I'm talking to lawyers to see about suing because it's just ridiculous. I offered a payment plan to them and got laughed at. But if I had $5,000 to send them I would be in this mess in the first place. I'd be caught up on all my bills.

NES can't sue you for not answering the phone today. If you need a day to collect yourself then take that day, do some research. Call a lawyer or two. Because telling you that you have a court date it two weeks and that they are suing you is against the FDCPA.

I know it's hard, trust me, I'm in the same boat, but try to relax. There are a lot of great people here who will help you figure this out!

Are you dealing with a charged-off bank account or credit card with Bank of America? This reason I ask is because I had a charged-off bank account with a different bank than Bank of America and the bank I was dealing with sent it to NES. This debt was included in my bankruptcy and NES was still trying to collect on it.

It was a credit card with Bank of America. I have been reading so much about NES over the past week, I don't know how big, reputable companies can even use a place like NES.

Does anyone know if they do get a judgement if we go to court - will the judge let me make payments? I have no wages to garnish, and both our houses (been trying to sell one for over 6 months....) do not have enough equity in them after mortgages are paid off... I guess I am just scared.
Thanks again for the advice. I will try to keep you posted on this.

It is doubtful you will be going to court with NES. They are a collection agency, not a law firm.

However if BoA does sue you, you can contact there lawyer before the court date and discuss an out of court settlement. I'm not saying they will agree, but you might be able to work something out.

I'm not sure what happens once you've gone to court because I've never been that far yet. But keep your head up. They can't squeeze blood from a stone, and like I learned today they can't send you to jail. There is no debtors prison.

You need to send a DV letter regardless of what BoA says, because NES needs to explain how they can be charging $300 a month is fees and interest. If they are the owner of the debt then they can only charge interest if it is allowed by your original contract with BoA and state law.

Don't worry about being sued That is a ways off.

Would sending a dv letter buy some time too. I am not sure but at least this would give you some time to settle your nerves and get some reprive.

Yes sending a DV letter will slow things down if it is sent within 30 days of receipt of the first dunning letter. Which they will probably say they sent regardless of the facts. Since you contacted them at the first of the month sending them a DV now would be timely.

Always send it Certified mail.

There is some debate as to the need to send it return receipt since you can have the USPS e-mail you the receipt or track it on line. I personally think any of the three methods are equally fine and will be reconized as valid by the courts.

hello premiergirl, and welcome to the forum....

Let's get a few things off your mind--first of all, NES knows the law. I know this because I am dealing with them myself right now--in a lawsuit. I am suing them for making very similar threats to me for a debt that we dont own. Here are some things that should help you rest a little easier...


1--they told you that they just bought the debt 10 days ago. There is a federal law called the fdcpa....you need to read up on this law over and over again until you know your rights. They bought it 10 days ago and claim that they already have a summons being sent to you--this is 100% BS. The law that I mentioned requires a collection agency to give you 30 days to dispute the debt--and while they are legally allowed to file lawsuits within that 30 days, they must go about things in a certain manner that doesnt fit what you have described. They are required by law to send you a notice within 5 days of their initial contact with you--this notice explains your right to dispute the debt. If they did not provide it, then they have violated the FDCPA there.

2--a lawsuit takes a LOT more time than what they are claiming. For one thing, there is NO POSSIBLE WAY that there could be a court date set for two weeks from now--you havent even been served yet! here's basically how it works, of course it is different in each state but most states work like this:

---they file the complaint with the court.
---they are required by the court to make sure that you are served a summons and complaint so that you are aware that youre being sued.
---the court gives you a period of time, such as 20 days or 30 days, from the date you are served, in which to file your answer with the court. There CANNOT be a court date before you are afforded this opportunity to answer the accusations against you.

So, they are simply trying to scare you into paying. This is 100% illegal--they are forbidden by that law I mentioned from using ANY deception in the course of trying to collect on a debt. They did a similar thing to me---they called for my wife, and claimed right off the bat that they were both suing her AND filing criminal charges against her. The law forbids them from telling you that they are taking any action unless they actually do what they say they are going to do-they cannot say "we're suing you" and then not sue you.

What state do you live in? I live in a state where we are legally able to record the phone calls, and thats how I got NES in a ringer--they tried their best to claim that no such thing happened....until I brought out the tapes. If it is allowed in your state, we can let you know, and you can get some proof on your side the next time they call.

AS for the DV letter, I would send one immediately. They are also very good at ignoring this letter--that law says that they cannot, but they try to anyways sometimes. They tried with us. It didnt turn out too well for them....and if they try it with you, you can put them in the same bind.

PLEASE--read the FDCPA, and get to know your rights. TRUST ME--THEY know your rights, but they dont care one hoot about them.....so do this and protect yourself! Get back to us with the state you live in and we can get you all the info you need, including the process serving laws so you can be fully prepared. Above all, dont panic--They are committing so many violations against you on this one that you really have a lot more leverage than they want you to know....

Well, I spoke with Bank of America last night - she said that they had only "placed" the order with NES. She said that if they'd sold it, then she couldn't discuss my account any further. She said there was no legal action showing on my account (which could change tomorrow if NES somehow does forward it back to Bank of America for suit like they say they will), also she said that I could send payments to NES, that they would definitely post to my account which was no longer accruing any interest. So unless NES can charge their own interest..... I'm not sure about that.

So, today after the NES guy told me I had till tomorrow to come up with $1000 to be debited by the end of the month, then he'd give me a break and do $2000 in Nov, and $2000 in Dec. Otherwise he advised I get an attorney. I must note that this man I've been dealing with, although to the point sometimes has not harassed me with degrading comments, or anything like that, even telling me that he understands and so forth. I think maybe because I've been nice to him each time we've talked and answered every one of his calls, I don't know. I don't think I could handle the mean calls that other people have gotten, and I might get them too, if they see I can't pay.

Anyway, I guess I was worried about sending the DV letter, because I read somewhere that either they drop it, or sue after they get one of those....

I am going to write Bank of America tomorrow and explain this whole thing so at least they have it in writing if they are reccommended to file suit against me.

I did send NES a payment today (money order, certified mail) of $100, and I intend to do so every month until I either get sued or the thing is paid. If they accept payment, like the woman from Bank of America said, then that should show that we are working things out, right? There is no way I can settle... I'd rather just pay the whole amount out in payments since no interest is accruing (unless NES is doing that independantly).

Skydivr - you have some great information. He must be lying about the "summons" and the court date... I feel sorry for people that are so completely uninformed that they are bullied by these people.

Another update:

I live in Arkansas, if I have not already mentioned that.

I spoke with Bank of America AGAIN today, and this woman told me the debt had definitely been SOLD to NES, and still confirmed that there was no legal action on my case - she did tell me that in order for them to sue us, NES would have to sell - SELL - the debt BACK to Bank of America, and she said that that is extremely rare. However, if she is wrong, and the other woman is right about it being assigned - then B.O.A. would not have to "buy" it back. So now I'm really confused. I spoke to my NES collector today and he is still saying no payments because interest alone is several hundred a month. I guess they are charging it independantly of Bank of America. So I thought there was no more interest - that does kind of make me feel defeated.... And I told him I sent in a payment yesterday and he said "Why! You should've kept that for your attorney. Your court costs alone will equal the full amount of the debt." I don't believe there is any summons on me or court date, but, I guess it could be recommended back to Bank of America to sue. The lady at B.O.A. said I could check back once a week to see if any legal action showed on the case.

I am so confused about this, and it is consuming my every waking thought. I wish I did just have the $5000 to settle. My guy ended our conversation with "I can see theres nothing more we can do. Good luck. Goodbye". I will say that he never got mean and hurtful with me, and "seemed" to want to help me.

One more question about the DV letter - I read somewhere that if a company receives one, they either drop it or sue immediatly. Have yall heard of that? That is why I am afraid to send one. But could that be the only way that I'll find out if NES is really charging interest?

I will post again when I hear something.... now I have no clue what to expect. Thanks everybody for your help.

You must stop listening to all the CA BS. They will lie to you to get you to pay. Send them a DV letter at once.

I too agree. I really think you should send the DV letter. Sending the letter I believe will clear up alot of your confusion. Most people here would tell that if it isn't in writing it does not exisit. Make sure you get any payment or settlement in writing with them. collection agencies tend to be very forgetful and change their minds when things are done verbally.

Also, this Collector is making threats to you. Take the advice above and know your rights. You do not have to put up with being threatened even though you probably feel you need to go along with them. I think it is great you are working hard to clear this matter up but don't let the collection agency bully you.

I am going through the same thing you are going through with NES...I had a bank of america card and NES bought it off of them...they are threatening to sue and blah blah blah...I only owe 1500...BIG DEAL...the thing is..I'm a subject to credit card fraud..the card was gotten when I was only 16 years old...I am now 21...no bank is going to give a 16 year old a credit card...anywho back to main story...NES use "Scare Tactics" they do whatever they can to try and make you pay off the debt..they will yell at you and beyond...I was in tears today and yesterday with them yelling at me and calling me names...soooo to go further..my realitors dad is a lawyer and he informed me of my rights...Google, How to get creditors to stop harrassing you and there are pages and pages about your rights against creditors...they are breaking soooo many laws and you will see that when you look up that information..YOU ARE BEING HARRASSED..I took a stand against it, if you believe you are being harrassed you should take a stand too...But as for a "court date" they are lying to you...
I have a court date "supposedly" this Thursday and not once was I served with any papers...The day someone knocks your door and says "you've been served" then I would believe, until then take legal action...
Oh and you can get a cease and desist...I'm sending mine in tomorrow...it helps them to stop calling and yelling about "sueing" and all that stuff...
Hoped I helped some...

Nicole, be sure that you contact the clerk of the court in the county that you live in to see if a lawsuit was filed. These CA will sit on a summons and tell the court that you were served and when you don't show up in court, they get a judgement against you.

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I get the same scare tactics from this company- you gotta love the threat of 'you'll end up paying double your debt after its done, with attorney fees and legal fees'

I always keep in mind that when they say you'll have to pay all these legal fees and attorney fees....they will have to do the same!

I've been dealing with these schmucks for weeks now, everything they say is 100% crap. I get a new person calling every single day, each one tries a different threat tactic. According to what each one has told me i should have been sued 35 times by now. Just record what they say each time they call if its legal in your state, eventually you'll have enough dirt on them to turn the tables and scare them a bit.

I've been getting the same harrassing phone calls from NES regarding my husband's BofA credit card.

It was bad enough that BofA CONSTANTLY called the home phone AND the cellphone even after being asked to stop but now this company is doing it as well.

They do so many things that are against the law and then claim that they have the right to do it because, according to the guy I talk to today, its "not a collection is a lawsuit."

They've given me information on my husband's account without in anyway verifying that I am indeed his wife. They threatened us with Fraud and going to jail. They claimed that we had references that we listed who had enough money to pay the debt. (We never even asked for the BofA credit card.. they just sent it because we had a bank account so no application filed.)

They tell me to get the money from my friends, family etc.

The guy even got snide with me because I was sick and asleep when I answered the phone at noon just to get it to stop ringing commenting about it sounded like I was still asleep at noon when asking why I didn't have a job.

I told him I was a housewife and didn't start looking for work until after my husband lost his job in Sept due to having surgery and he got on my case about that we stopped paying in April.. I told him that was because my husband lost his OTHER job around April due to a different surgery and he says that they'll call the IRS to check.. I told him to go right ahead.

I told him repeatedly that what he was doing was illegal and he repeatedly said it wasn't and even talked about how their phone calls were recorded. Guess I can call NES then and get a recorded copy of the conversation since I didn't get to record it. Unfortunately in my state BOTH parties have to agree to be recorded so it'll be difficult for me to catch them on tape.

I know I owe a debt.. BofA actually did shady practices to make it even worse. I'd Love to pay the debt but I'm now living on unemployment and food stamps.

I just wish I could sue the pants off this company for making my life even worse than it already is.

I have just had a horrible experience that has brought me to tears. These fools stated that 35 days ago they sent out something. I don't even have an account number and on top of that, they said it was in my husband's name and they didn't even verify either whether I was actually his wife or anything.
They threatened to start court process tomorrow, which f they were smart, they'd realize that tomorrow is SATURDAY!! Good luck. I'm wondering if when they represent themsleves as a law firm if that's informing? Is that even legal to do? I can' take much more of this harrassment from anyone. I have just started reporting them to the Federal Trade Commission. They then send the reports to a legal field of police and investigators, they then put a stop to the calls. But the threats are jsut too much. I have no reason to lie about what comes in the mail. Also I find it funny that if they are trully wanting anythign from anyone that they wouldn't admit to the mail looking like "junk mail"!! PLease help on how I can either ser these poeple or something!!

This company is horrible. They have called a third party and given them too much info- they told the third party it was a legal issue, a reference #. I have been in contact with this company numerous times and they still keep calling the third party. I have made them aware of the law and them breaking it- but they still keep on doing it . They have pulled the same garbage on me -- screaming, threatening me, and harassing me. They just seem to have different people calling. How do I start filing a lawsuit against them. Any one have any info - greatly appreciated. I live in New Jersey

I was a good bill collector for 3 years for 3 different companies. We collected of credit cards just like NES and BOA.We were expert in scaring people into paying but about once every few months someone would get fired because they put they company in jeopardy by saying something illegal on the phone or in writing that the customer had documented.

Remember Eddie Murphy said in the movie Beverly Hills Cop that "everybody's afraid of somebody". He found out who banks are afraid of. NES is afraid of somebody also.

Here are some facts and here is who and what they are afraid of:

(1) Bank of America (BOA)credit cards are uncollateralized loans so BOA nor NES will be suing you or garnishing your wages or putting a lien on your property. The most that they can do is hound you for the rest of your life for you to pay. Your credit will be ruined for 7-10 years after the last payment that you make.

(2) They cannot put marks on your spouse credit report unless it is a joint credit card account. This is regardless of whether you live in a "joint" state.

(3) Neither NES nor BOA will put their illegal threats in writing because then you can sue them and win.


What NES is afraid of and what you can do to against them:

(1) If NES puts their threats of garnishment, court summons, liens in writing then you can sue them. When they call tell them to put it in writing and tell them that once they do you will sue them and then pay off the account in full after you win the suit against them. Also tell them to put the names of the collectors and managers in the letter who have been lying so that you can pierce the corporate veil and also take their personal assets. This is true in the case of fraud. They will not put it in writing but they will be afraid of you. Speak calmly because you really do not have anything to fear. Your credit is already ruined. That's the most that can happen to you. Tell the collector that you want to talk to their spouse on the phone so that you can tell him/her that their lifestyle may be affected since you will be piercing the corporate viel and suing the management and employees who lied to you because of fraud and that you will win because of fraud. This is true. What NES does is threaten the spouse who does'nt have an account with them thereby lying.


(2) When BOA/NES calls you immediatelt tell them that the call is being voice recorded and say, "This call is being tape recorded. Today is Monday----2009, Mr.Nasty Bill Collector (whatever his/her name is) is now on the phone at __3pm EST. Mr/Ms. Bill Collector is all of this information that I just stated correct?" If they say ANYTHING other than yes then hang up. You take control of the conversation. Later in the conversation play back part of your tape recording to them so that they know that you really recorded them. Tell them that you will not do ANYTHING until you get their threats, promises, payment arrangements in writing.

(3) Tell them that they are welcome to call you everyday and leave their threats, and illegal promises on the voicemail. Tell them that sooner or later that one of them is going to slip and say something illegal and then you will pay your account in full from the lawsuit winnings against them.

Often after the first call they will not make the same illegal threats becasue they know that you probably checked with someone and found their statements to be baseless or illegal and that you might be ready next time with a tape recorder.
The tape recorder will be admissable in court if both parties acknowledge its presence. Also if you find a municipality where its not admissible then you can still use it to settle out of court.

The cost of all of this will just be a tape recorder. Their are lawyers that will love to take your case when they realize they you have all the eveidence. You will need to sign a legal agreement with the form that will basically turn over more than 50% of the lawsuit winnings to them so you will need no money up front. Also you will have the federal and state governments that you can contact for free when you have evidence. They cost nothing. Also contact law schools. They will have an experienced law professor overseea few senior law students to take on your case at no cost for experience but usually they are already have enough probono cases.

Now all you need to do is do some internet research to confirm everything that I said is true. Then apply it and you will find that some reason the NES & BOA & any other credit will be afraid of you because you caught them in their lies about your uncollateralized credit cards.

For you Christians--God has not given us the spirit of fear butof power and love and a sound mind. We are always winners in the end since we have eternal life in Christ. Let's try not to get in this situation again. Avoid credit card debt and you will find that 7-10 years of bad credit is not that bad afterall. You will learn to live without them and their 25% interest rates.

1- What is a DV letter ?
2- NES setlled for 12,500 on a BOA loan. I paid 10,500 and cannot make the last payment, due by 8/14. The loan is my daughter's who lives in North Carolina, but I have been negotiating with them and I live in Fl. I am not on the loan.
How can I get them to settle for what they have already received ? BOA agreed to 6000, but then the payment was late and they sold the loan.

(1) Don't know what a DV letter is.
(2) Whether you paid $2 or $12,500 since BOA sold the account then your daughters credit report will note "charge off". The only thing that your payment did was stop NES calls and letters. Her credit report note of "charge off" comes with a bad credit rating that will be there for 7-10 years. If they continue to call and/or send letters after once you have paid the full $12,500 they can be easily sued and stopped by the government at no expense to you. Hopefully you have the settlement offer in writing. Until the full settlement of $12,500 is paid they still can call and write your daughter,but they can never call her at work or write her at work. She ethcally owed the debt but she could have gotten away with paying nothing since it is un collateralized. NES will claim that they will sue, take her house , car, dog, put liens on everything but they cannot do any of this expect call and write her for the rest of her life until they get their money. In reality they will only call and write until they have at least broken even on their "purchase" otherwise it woud not be cost effective. For example if they "bought" your daughters account for $4.000 and the BOA outstanding amount due was $20,000. They will hound her until they at least get $4,000. Still, sometimes they have to give up because the account holder moves or changes their phone numbers, jobs,etc and cannot be found. But collectors are like detectives. They can often find the hidden person through "skip tracing".

If she paid nothing she would legally be in the same situation with bad credit for 7-10 years but the difference is that paying the settlement stops the calls and letters. Spiritually God expects us to pay our debts. Another ethical issue is the interest. BOA will jack up the interest rate to the legal limit which is between 25-28% once a credit payment is more than 30 days late once or twice. In doing the math one can wind up making small affordable payments toward a $12,500 "settlement" for many years and payment a lot more than $12,500. That is legal but I dont think its ethical. This was a presidential campaign issue.

Not sure where you're getting 7to 10 years from. Its 7 years +180 days from Date of First Default. Period.

I should point out that although I do not work for NES, nor do I agree with their way of doing business, they do not purchase debts. They are a third party placement company. When you talk to an attorney, this is important. There are different laws (depending on your state) when it comes to third party placement (collection agencies) and debt buyers. I see a lot of comments about NES purchasing the debt. BOA will not accept payments becuase the agency is acting as their agent and their contract would require everything to go through them to earn their contingency fee (which I am sure is not low).

Well since "ex-collector" doesn't know what a DV letter is, it's no wonder they think the SOL is 10 years.

The State of Ohio (Attorney General Richard Cordray) is suing them for gross violations of the FDCPA. There are 26 charges against them.

I am in a similar situation with NES I was laid off last year and lived on a BOA credit card for a period of time and then it went into default it was charged off and sold to NES, They said that I have until the end of the month to pay off my settlement or legal action will be taken , I gave them my checking account information am I in danger of them withdrawing money without my permission?

yes you are.never give anybody your bank info over the phone.get something in writing before agreeing to any payment plan.then get an address to send payment.

What should i do, can I tell my bank to refuse any payment to NES

Talk to your bank...you will need to put a block on them or close the account and open a new one. Your banker will be able to tell you.

I got calls from NES for 2 straight months, I never answered. Now the calls have stopped. What do you think is happening?

NES sent me a letter stating I owed a BofA debt, included was total and account number. They called me twice a day for 2 months. I didn't answer as I don't want the harassement and I don't have the funds to pay them at this time anyway, if I did, it would have never gone to collections.

After the 2 months of calls, they have stopped completely.

Any ideas on what may be happening now?

Sorry, Im new here. Whats a "DV" letter. I just found out Chase sold by acct. to this NES group 2day when I called and they said they're suing me too. I live in Claifornia and it's a credit card acct.

what is a dv letter?

I think this string of post is old, I looked up DV letter and posted a link below. (BTW I asked question #38) I am in a bind with this company NES and am kinda freaking out as a result of their calling my work.

http://www.debtconsolidationcare.com/letters/sample6.html

DV letter is a Debt Validation letter. You can find samples in the Do It Yourself section on this site.

They threatened me with "felony auto theft" when I told them I am filing bankruptcy and cannot pay them as I am unemployed. The car has been in my driveway for over two years. I have sent two letters, one certified with no results. Just this month they sent a notice saying they would accept half of what I owe. I have no way of paying anything. As it is, I barely am getting enough from UE just to pay my basic living expenses.
Thank you all for sharing your story as it is a bit comforting knowing there are others in the same sitiuation. We want to settle our debts but have our hands tied. ie everything costs more if your credit is bad... car insurance is just one of them!

I have dealt with shady collection agenices before. Becasue BOA has only placed the account with them for collection and not sold the account I would do the following:

1. Send a Cease and Desist letter to the collection agency.
2. Call BOA and explain about the unfair practices and that you are willing to settle with them and only them. Chances are BOA will pull the account back into their office and work with you for payment.
3. BOA is usually really good at settling. I settled a 12,000.00 account for 25 cents on the dollar and they broke the payment into 3 payments.

Hi,I am also very frustrated by NES. They threatened to sue me as well if I didn't come up with 3 or 4 thousand dollars to pay on a school loan. I explained to them that I was waiting on a settlement from an injury I sustained and that I could pay $$100 a month. They asked me if my son could help(they mentioned him by name). I dont know how they got his name. He did not co-sign for this loan. I wish there would be a class action lawsuit taken against them for threatening people.

Too Tired they get all your info from the internet or they have a file on hand that has alll your information. If you do any searches on the internet they can find out who your spouse is and how many kids you have also can find relatives who are related to you. You should go on the people search sites and write to them asking them to delelte your information. also you should tell all the places you do business with not to release your information to third parties

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I recently received that 30 day notice to settle or dispute a 37.000 loan from a place called Windham preffessionals. Well last month I had NES calling me for this same debt. I don't even know if this debt is real...The guarantor is Salle Mae and I thought originally that my loan was for 8,000. At least that is the amount Salle Mae kept sending me until it went into collections with NES. I offered to make small payments and they said they will take no less than 500.00 payments at a time and I told them that wasnt going to happen. They started off with the harassing calls saying they will sue etc. But my phone has since been disconnected I never got 30 day letter about this debt until now from this windham place Jan. 25th Can someone tell me what is going to happen next and how I should handle this? Can they take money from taxes or garnish wages? How long does this process take and how can I get proof of what I owe into college loans I dont want to pay more than what I owe just because this is what they say I owe.

You have a LOT of recourses if you know your rights.

Tell them you are happy to pay if they can provide you with 3 pieces of info.

1- Validation of the debt; actual accounting of where the money they loaned you came from. (you will find that the money was created out of thin air from your signature).
2- Verification of their claim against you (a sworn affidavit or even just a signed invoice)
3- A copy of the contract binding both parties. (doesn't exist).

The banks like to refer to a "contract" you signed with them. The doc they have is NOT a valid bilateral agreement since the four requirements of a lawful, binding contract were net met on their application form.
1 Full Disclosure (we aren't told they are creating the money from our signature)
2 Equal Consideration (they brought nothing to the table)
3 Lawful Terms and Conditions (they are based upon fraud)
4 Signatures of the Parties (corps' can't sign since they are legal fictions).

You can get the full story of what is really going on with the debt game by going to http://spiritualeconomicsnow.net/ and download the free book by Mary Croft. Its a mind bender on what is really happening and you may come to realize we really ARE living in the Matrix.
Either way, you will find excellent remedies to have all your debts dismissed because they never really existed.

Good luck and stay empowered. I got a call from NES this morning and told them I did NOT consent to the call being recorded. They could not do that so I ended the call.

-Neo

You must work for NES. Did you know, that is the same excuse the guards in the Nazi Concentration Camps used? "We were just doing our jobs?" Would you do your job if you knew some of what you do is illegal? Do you care? Are they paid commissions on how many loans they close?

Do you know that ALL loans, unless they have two signatures on them, are NOT valid, bilateral contracts? But really, I doubt you care you are breaking the law cuz you are "just doing your job."

Did some googling and found that NES was sued and settled out of court for unfair practices by the OH AG. They paid out $200k to those who filed complaints about NES. Get going now and file your complaint and have the AG in your state sue NES too. :)

Neo

I just talked with someone in NES Compliance Dept and told him I did not consent to having my calls recorded. His reply was that if I did NOT consent to calls being recorded, then NES was NOT authorized to talk with me. So I confirmed that and ended the call. They admitted they were NOT authorized to talk with me, end of story!
It's great to put them on the defensive.

I have read "How I clobbered..." but want to know if anyone has tried her 'paying a check from the private side' , or is it possible to just ask the bank for proof of the loan and complain :pabout non-disclosure