Share post
Share
Debt Consolidation Forums Collection agencies and creditors forums

National Enterprise Systems: How to deal with this debt collector

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.

How to deal with National Enterprise Systems collection agency

  • When you are contacted by National Enterprise System, ask for debt validation through certified mail with return receipt requested (CMRRR). You mustn't agree to pay a collection agency without validating the account.
  • Don't commit to an ACH arrangement over phone, rather you must ask for their physical address to make the payment by sending a check/moneygram.
  • Even if you have allowed them to debit your account, request your bank to hold any transaction by National Enterprise Systems till they validate the debt.
  • Don't succumb to their pressure. Making threats with lawsuits and jail terms are illegal and a clear violation of FDCPA.
  • Update yourself with the FDCPA laws; so that you can protect your rights against such abusive collectors.

Common FDCPA violation by NES and your defense against it

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.

HEllo and thank you for this valuable resource! ...
Date: Fri, 12/22/2006 18:24
member profile picture
Posts: 2
Credits: 0
[Donate]

HEllo and thank you for this valuable resource!

I'm having some trouble with National Enterprise Systems.

They have 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."

So when I did get a contact there and discuss my debt, she threatened "legal proceedings" if they don't get a resolution immediately.

I was scared and gave her my bank info for an initial payment after the holiday. Now I think that was a very bad idea (read somewhere that they will often take more than was agreed), and am scared about what they might do.

They keep calling constantly. When I try to get this particular contact on the phone, she is always busy.

What should I be doing here?




This is all kind of murky and scary territory, and I have no idea how to proceed.


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 - 19:26

lapine lapine

(Posts: 2 | Credits: )

Anyone?
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 - 10:42

Unregistered


lapine - welcome to the forums! Since you have registered with the site, a debt counselor will contact you within a few days (after Christmas) to discuss your situation.

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 - 10:57

SUEBEEHONEY70 SUEBEEHONEY70
Moderators
(Posts: 4583 | Credits: )

TY Suebee!

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.
Best.

Sub: #4 posted on Sat, 12/23/2006 - 11:15

Unregistered


You have reasonable questions with answers at the back of your mind. You must get the debt validated by the collection agency and confirm their collections are legitimate. Keep a check on your bank account as they will be trying for a debit. This is fair only after they send you the debt info. Send your debt validation letter to their mailing address. Send it through certified mail with return receipt requested and keep a copy in your file. In the meantime, request your bank to "hold" any transaction done by NES. Without complete info given by the CA, you have reason to block them if they are trying a debit.

Sub: #5 posted on Sat, 12/23/2006 - 11:24

mcranberra mcranberra

(Posts: 524 | Credits: )

collection agencies are governed by the fdcpa. You should educate yourself on it. It also states in the FDCPA that if a collection agency take more than the designated amount and deposited your check before the designated day you can sue them for a fine.

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 - 16:18

FYI FYI
Moderators
(Posts: 1950 | Credits: )

I owe some money on a credit card, National Enterprise Systems called me and my husband and said if we didn't pay the money within a week that a would garnish money from his paycheck. I've heard that you can only garnish money from a paycheck if its for taxes or child support. Does anyone have an answer for me. Thanks

Sub: #7 posted on Fri, 04/27/2007 - 19:11

Unregistered


It depends on what state you are in but if they were going to garnish your check it would have to go to court before hand. The only people who can get a garnishment without court is the government/childsupport

Sub: #8 posted on Fri, 04/27/2007 - 19:51

Leah Leah

(Posts: 2322 | Credits: )

I have a case pending against National Enterprise Systems for similar threats. If your state does not allow garnishment for unsecured debts, they are violating the collection laws meant to protect you every time they make the threat.

Sub: #9 posted on Mon, 04/30/2007 - 16:22

texaslawyer texaslawyer

(Posts: 258 | Credits: )

If Nation Enterprise threatens to file suit or start legal proceedings and does not follow up with it,they are breaking the law.The fdcpa states a collector cannot threaten to take an action that is not possible or threaten to take an action they have no intention of taking. Please review the links in my signature.The first two are the federal laws for collection and credit reporting.The bottom link is for a debt validation letter which you would send certified return receipt.

Sub: #10 posted on Tue, 05/01/2007 - 06:36

cajunbulldog cajunbulldog
Moderators
(Posts: 4850 | Credits: )


DebtConsolidationCare (IAPDA member)
BBB (A+) logo for DebtCC
Connect With Us
About Us | Contact Us | Privacy Policy
Copyright © 2020 DebtConsolidationCare | 301 W. 11th Street Unit E, Reno, NV, 89503, United States
* Disclosures:
  1. By signing up a debt counseling session, your provided details (Name, Email ID and Phone No.) will be forwarded to the company advertising on the DebtCC. However, you have no obligation to use their services.
  2. Some creditors and collection agencies refuse to lower the payoff amount, interest rate, and fees owed by the consumer.
  3. Creditors/collection agencies can make collection calls and file lawsuits against the consumers represented by the debt relief companies.
  4. Debt relief services may have a negative impact on the consumer's creditworthiness and his overall debt amount may increase due to the accumulation of extra fees.
  5. The amount which the consumer saves with the use of debt relief services can be regarded as taxable income.
Page loaded in 0.380 seconds.