Need Help with NES Please!!
This company started to contact me on the 6th of December, calls to my cell phone at 8:01 am, 9:34 am, 10:16 am, calls to my home number at 8:05am, 9:41am, 10:21 am. I called them back and spoke to a 'Paul'- totally unprofessional behavior from this gentlemen. He comes out with he is from NES and they are a debt collection agency, collecting on a overdue/delinquent credit card balance I have with CitiBank in the amount of roughly $6,000. I explained to him my situation, I am currently unemployed, have many other bills, and simply couldnt afford the 700 a month payment Citi was requesting. So he says he can work this out for me, and offer me a one-time settlement opportunity 'without taking me to court' if i make an immediate payment of $3,200. I told him thats nearly impossible to come up with immediately. I am 24 and do not have that kind of money lying around. HE LOST IT- immediately started in with threats against me, 'we will take you to court, you will end up paying twice as 320, plus legal fees, plus anything else we want you to pay, we will garnish your wages, we will repossess anything you own, we will not stop until we get this money'. I asked him if he was done yet, and he started in again with the threats. After a good five minutes of him telling me how irresponsible and a bad person i was...he offers me another one time opportunity of making a $1000 payment. I told him again, I dont have $1,000 lying around. He says: '1,000 isnt alot of money nick, to most people today $1,000 is just like $1 (WHAT???), you're just not putting any effort towards helping yourself out' He says he is fed up with dealing with me, and transfers me to another associate. This fellows name was Kevin Johnson- he played to good cop routine. I told him, I want to pay this debt, but demanding I come up with 3200 dollars in a matter of minutes, I cannot do that, what can we do to make this right. He suggests that I speak with a bank to get a loan to make this payment. Me being a good-natured person, I thought this was something I should do. So Kevin tells me to do so, and then get back in contact with him. Monday morning of this week I went to a few local banks, and started the loan application process. Tuesday morning I get six calls within one hour (between 8 and 9 am, all left messages on both cell phones and home phone), all demanding I call them back immediately, none of which were Kevin. I call Kevin back and ask him whats with the calls, I'm working on this, why does your company continue to harass me? He says 'nick, we're just making sure you're taking care of this'. I told him one call is sufficient enough. I tell him the applications are being processed, and the two banks I applied at will be letting me know. Kevin turns into 'mr. helpful' all the sudden. 'nick thats great news, we're glad to hear it, you're taking the first step towards getting your life back on track' He tells me to speed up the process, he'll go ahead and schedule that payment now, but he will post date the check to today, leaving ample time for bank to contact me. Me, being such an idiot, gave them my checking account information. Luckily he did not give me any type of confirmation number for this payment, nor did he actually get my authorization to make that debt from my checking account. Wednesday Morning was a nightmare for me, received about 20 calls within a matter of hours from this company, again demanding I call them back immediately. I call them, and say I havent heard back from my banks yet. Wednesday afternoon I find out from my banks that I do not qualify (even with a co-signor, my dad). This morning the calls CONTINUED to come in at an alarming rate, I finally answer the 15th cal of the hour, and speak with anther different associate. I tell him unfortunately I wasn't able to qualify for those loans (even with a co-signor as they suggested) and asked him what other suggestions he had for me. He had no other suggestions, nor did he even answer my question. He says 'so you have no intention of repaying this debt' . I tell him well you're not leaving me with any options to pay this debt. You're demanding I pay $3200 right now, and arent offering me any type of per-month payment plan, so no, I have no options for paying this debt. I cannot produce $3200 at the drop of a hat and you're not willing to help so we're at standstill. He says 'we'll see you in court' and then hangs up.
Obviously i'm not the only person in the world with outstanding debt, nor am I the only person dealing with this company. I feel even dumber for trying to get the loans (which I realize now was just a temporary means to an end, why take out a $5,000 loan, place myself farther in debt, just to make this one company happy and stop calling me with their harassing ways) I shouldnt have fallen for the scare tactics they are pulling. They have my checking account info, and I hope they make some type of un-authorized debt from my account. I will be keeping close tabs on my account!
From what I've gathered in the other numerous posts I've read, heres what I need to do:
1- Cancel the bank account NES has on file for me, or get my bank to re-issue a new account number, or change the account number (thanks paulmergel)
2- Send the DV Letter via CMRRR. But my confusion comes with this letter. Will this stop them from calling me all the time? I am not saying the debt isnt mine, because it is, but I dont understand how NES can 'take me for all im worth' without following the proper procedures. Under the fdcpa I can dispute and send a debt validation request within 30 days of receiving my first written notice by the CA. What if I havent received written notice by that CA (in this case, NES)? Their first contact with me was Saturday December 6th.
Please help- I'm deep in this debt and until this morning I was very un-informed of what my rights were under the FDCPA, heck I didnt even know it existed!
I'm just trying to arm myself with the best possible knowledge to fight back against this unfair company and the ways they go about collecting.
Thanks is advance!
Notes
- Residence: Illinois
- First Contact with NES: 10/6/2008
- # of Messages Left by NES I Have Saved: Dec 6 (1), Dec 11 (2 Cell Phone, 2 Home Phone - I mistakenly deleted the 2 on my home phone this morning, and the other numerous ones left on my cell and home phones since Dec 6th)
- Last Contact with NES: Dec 11th, 10:40 AM
Update: In The mail today I received a letter from NES: '
Update:
In The mail today I received a letter from NES:
'your account has been listed with our office for collection. this communication is fro ma debt collector. this is an attempt to collect a debt and any information obtained will be used for that purpose.
unless you notify the office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume the debt is valid. if you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this debt or any portion thereof, this office will: obtain verification of he debt or obtain a copy of a judgment ad mail you a copy of sch judgment or verification. If you request this office in writing 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.
as of the date of this letter, you owe the above referenced balance. Because of interest charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which case we will inform you before depositing the check for collection. For further information, write this office or call the above referenced number. If you make payment on this account by check, the face amount of the check may be presented to your bank by paper draft or electronically as permitted by law.'
I'm assuming this is my written notice from the CA (NES).
Did I make a mistake? On December 6th, they offered me to pay $3,200 to erase this. But the letter states, dated December 7th, I pay the amount of $6,439.81.
It also says please make checks payable to:
Citicorp Credit Services
PO Box 39308
Solon, OH 44139-0308
But the letter came from:
ONNES102
PO Box 1022
Wixom, MI 48393-1022
Why would NES have me make a check out to Citicorp if they are the ones collecting? Wouldnt the check go to NES? Or am I missing something?
Help!
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so in other words they tried to strong arm payment out of you before the dunning letter got sent.i would send a DV and C&D letters out asap.send them cerified mail return receipt.i would also call citibank and find out what is going on.i wouldn't send a dime without this bottomfeeder validating.
Thanks paul! Another Question: Where should I send the C&D a
Thanks paul!
Another Question: Where should I send the C&D and DV letter to? I'm assuming to NES, right?
Problem is theres two addresses listed on this Letter!
NES Letterhead Address (located top right hand corner)
National Enterprise Systems
29125 Solon Road
Solon, OH
44139-3442
Or Where The Letter Came From:
ONNES102
PO Box 1022
Wixom, MI 48393-1022
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i know it's a pain,but send them to both addresses.that way they get it and you can take action when they violate the C&D and still call.
One more question: (hopefully its the last), but again i'm kind
One more question: (hopefully its the last), but again i'm kind of learning as I go here, but its my understanding that the C & D letter will eliminate NES from the picture right?
Luckily they havent called since 11 am this morning, our last communication ended when they told me,'we'll see you in court' and then hung up.
By sending the C&D Letter.....I should now be dealing, or have to deal, with Citi directly right?
No the Cease and desist letter stops them from calling you and i
No the Cease and desist letter stops them from calling you and if you include it, from contacting you in writing too. With a debt validation letter, they have to validate the debt but cannot contact you to collect on the debt. If they sue you, that is a violation if they did not validate the debt.
You are basically putting them in the cooler and they only thing they can do is validate the debt or not collect at all. Everything else, including selling the debt off to another collector, violates the fdcpa.
Hi. I'm curious to know what happened w/everything. I won'
Hi. I'm curious to know what happened w/everything.
I won't tell you the whole story but I am being harrased by NES right now. Although I don't want to have a judgement against me and my wages garnished, I refuse to give them my check number. I researched fair debt collection practices and it seems that at least one of the things they did to me was illegal so I am going to file a complaint to the attorney general.
I'm just curious if you've had any contact w/them since then, since it's been almost a couple months now. Also, did they ever sue you?
Guest- you didn't say, but have you sent them a debt validation
Guest- you didn't say, but have you sent them a debt validation letter? Here is one of many links that others have written about them at http://www.debtconsolidationcare.com/collection-agencies/nes-summons.html You can also use the search feature,located under the Chat Live at the top of the page, to see how others have dealt with them.
I will say that I would recommend not sending them a check with your bank account info on it, just to be safe-if you are trying to make payments.
I would also recommend that you get any and everything in writing from them or any one else, before you send them something.
Keep notes of eveythng and any time they have called, what was said, the date, etc.
Good Luck and feel free to ask questions..karen
Go to the website: www.fair-debt-collection.com/ It will list a
Go to the website: www.fair-debt-collection.com/ It will list all your rights and tell you what NES can and cannot do. Do not give them any checking account info. Any payments you feel you must make do so by Western Union money transfer or a bank certified check. For anyone else, do not give out any personal information about yourself or your financial situation. Just ask for written verification of the debt. It should contain name of the creditor, the balance due, original due date, your account number and what action you should take if you believe you don't owe the debt. There is a statute of limitations on all debts (see your State Attorney General's website. National Assoc. of Attorneys General www.naag.org. Never acknowledge the debtdue to
this statute of limitations. If your debt has met the time limit you start the clock rolling all over again if you acknowledge the debt. Use: alleged debt!
If you do owe the debt, but can't pay it in full, phone or write to the collection agency and say that you can't afford to pay in full but would like to resolve the debt within your means. Decide what you can afford, then offer 20% to 25% less as a beginning point. Politely hold you ground if they insist on an amount you can't afford. If they keep insisting, tell them that you will contact them when you have enough money. After you agree to a payment, ask them politely, to remove the collection from your credit report after you have paid the debt. Collector's don't have to comply but they may honor the request. Make it part of the written settlement. Pay nothing until you receive written confirmation of the amount and the terms agree upon.
Kepp copies of everything and send all letters by certified mail, return receipt requested. There is a free worksheet on www.credit.com/stopdebtcollectors.
Never open anything you don't know who its from, do a google sea
Never open anything you don't know who its from, do a google search on the address, if it come up as collection, put return to sender on the mail and drop it in the box.