National Enterprise Systems (NES) is one of the many collection agencies which have made their presence felt through all the wrong reasons. They would tell almost anything to take the money from you.
One consumer has the following experience with National Enterprise Systems.
"National Enterprise Systems has been calling several times a day for weeks. I have had some shouting matches with them and they have threatened to call every single morning, first thing, so we're the first thing you think of when you wake up." Know more...
The consumer got scared and gave her bank details to the National Enterprise Systems representative. Well, it would be redundant to say that it's the last thing that you should give out. But, what you should do when National Enterprise bullies you to pay.
1. Threatening with lawsuit: If you are threatened by National Enterprise Systems with a lawsuit but they don't follow up with it later on, they are violating FDCPA. Read on...
Check out your state laws regarding recording conversation. If it is allowed, then you may want to record the threats made by National Enterprise Systems collectors. This can be used later as evidences when you sue them for FDCPA violation.
2. Threatening with wage garnishment: It is a violation for the collection agency to threaten a debtor with wage garnishment where it is illegal. Read more...
Further, to garnish your wages, the collector has to sue you in the court and win a judgment against you. Hence, the collector is surely violating the law when he threatens with garnishment without winning a judgment against the debtor.
If a collector threatens to garnish your wage or put lien against your property, confirm the state laws regarding these. You may also consult an attorney about your rights if needed. Also remember, that you can't be arrested for not paying a debt in USA. Check out more on the scare tactics used by the debt collectors and know your options.
3. Withdrawing more money from account: Collection agencies, like National Enterprise Systems, tend to withdraw more money from the bank account than authorized by the debtor. This is again a violation of the FDCPA.
If National Enterprise Systems withdraws more than the agreed amount from your account, you must immediately contact the bank and dispute the charges.
Remember, knowledge is the key when fighting against this collector. The more you are aware of your rights, the better you can fight abusive collectors from National Enterprise Systems.
Should sending a cease and desist letter be my first step?
How about a debt validation letter?
The only thing CA tells me is that this must be dealt with immediately, or they will pursue legal action.
I really don't have the money to pay them right now, but would be willing to come to some sort of agreement. Should I do that? Should I try to negotiate down? How can I trust this company that has harrassed me so mercilessly (and which has so many complaints against it) with my bank info for purposes of payment??
Can they sue? If I have evidence of their breaking laws (harrassing, threatening, etc), should I be eager to get into court with them??
Sub: #1 posted on Fri, 12/22/2006 - 19:26lapine
(Posts: 2 | Credits: )
I have to talk with national enterprise today.
Also, the 30 day window for DV is closing.
Sub: #2 posted on Sat, 12/23/2006 - 10:42Unregistered
As far as the CA trying to intimidate you, don't let them. Do you know that this is a valid debt, and that you truly owe it? If so, it sounds like you are on the right track by starting to make payments. However, I would not advise paying anything by ACH or debiting your bank account. Get an address and send them a money order. That will stop them from debiting your account for more than you agreed to.
If, however, National Enterprise System do debit your account for more than you agreed to, go directly to your bank and dispute the charge. You should be able to have it reversed if it was for more than you agreed to.
I'm curious, though - why do you have to talk to them today, if you have already given them your account info to withdraw a payment? There should be no reason to speak with them further - and I would tell them that.
In the meantime, keep posting and keep us updated on your situation.
Sub: #3 posted on Sat, 12/23/2006 - 10:57SUEBEEHONEY70
(Posts: 4583 | Credits: )
I basically need to instruct National Enterprise System not to make any withdrawal. Realize that I'd made a mistake giving them bank info, and don't want to incur charges.
Looking forward to speaking with someone.
Sub: #4 posted on Sat, 12/23/2006 - 11:15Unregistered
Sub: #5 posted on Sat, 12/23/2006 - 11:24mcranberra
(Posts: 524 | Credits: )
If the debt is within the SoL (statue of limitations) then they can sue you for the monies owed. That is the legal action they were most likely discussing.
What type of debt is this? Credit Card? Pay Day Loan? Bad Check?
Sub: #6 posted on Sat, 12/23/2006 - 16:18FYI
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Sub: #7 posted on Fri, 04/27/2007 - 19:11Unregistered
Sub: #8 posted on Fri, 04/27/2007 - 19:51Leah
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Sub: #9 posted on Mon, 04/30/2007 - 16:22texaslawyer
(Posts: 258 | Credits: )
Sub: #10 posted on Tue, 05/01/2007 - 06:36cajunbulldog
(Posts: 4850 | Credits: )