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National Enterprise Systems: How to deal with this debt collector

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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?




They contacted me tonight and immediately threatened me with litigation. The man was speaking to me as if I were 5 years old, which I do not take kindly to in particular, so I basically told him to go ahead. He suggested that I try first to get my mother to pay it off for me, then suggested I use the refund for my student loans..when I told him I hadn't received them yet he said I ought to see if I can get an "Emergency Return"..which in all my dealings with university financial aid I have not heard of and then suggested I take out a personal loan. I told him to do what he has to do...I even suggested to him that it would probably cost him less to just let me make long term payments since thats what the courts are going to do anyway but he just wanted the money TONIGHT. Well, I don't have it tonight... so he won't be having it tonight. Besides, I refuse to deal with condescending people.

Sub: #101 posted on Tue, 01/06/2009 - 18:48

Unregistered


Was this the first time you where contacted by this company? Have they ever contacted you in writing?

After the initial contact by phone, they must send you a letter in the mail about the debt within 5 days of that phone conversation. If you do get that letter, you should see a 30 day dispute disclosure. You will want to respond to that with a debt validation letter and that should put a stop to them.

If you have been contacted in writing in the past then a debt validation letter will do no good, it is only good within the 30 days after initial contact.

Use this and format it to your needs and send it certified mail return receipt requested. DO NOT sign the letter. Type your name.

Your Name
Your Address
CITY/Town, STATE ZIPCODE

Date: March 9, 2005



Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character

If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

It would be advisable that you assure that your records are in order before I am forced to take legal action.



Best Regards,

Sub: #102 posted on Tue, 01/06/2009 - 19:23

Unregistered


Has anyone successfully settled with NES? If you send a cease & desist leter will they send you a settlement offer in the mail?

Sub: #103 posted on Tue, 01/06/2009 - 19:31

NJDebter NJDebter

(Posts: 3 | Credits: )

National Enterprise is calling me every 2 hours saying I am being sued. When asked to prove it's me they give a bogus SS#. When they are conviced I am on to thier scam they hang up. James Bell and Mark were the last to call me. Reliable adjustment does the same thing. The scam is that they hope you will pay someone elses credit card that has the same name as you by paying over the phone. NEVER PAY ANYONE THAT CALLS YOU FOR ANYTHING. ONCE YOU DO, GOOD LUCK TRYING TO GET YOUR MONEY BACK. But even if you don't fall for that, they will annoy you with constant attempts once they have you in thier system.

I'm going to attempt a small claims suit. They don't care because even if I get a couple G's, that fails to compare to the hundred's of thousands they collect from good payers to pay bad payers bad debts.

Sub: #104 posted on Wed, 01/07/2009 - 18:06

Unregistered


I look after my Invilant Mom's finances, We have never given NES ANY banking information, I have never even heard of them before today, But, I checked our bank account this morning and National Enterprise had taken $575.00 out of our acct !! HOW could they get our banking information??
I went to my bank, the "Fraud Division" is investigating this, Isn't it Illegal for them to just get our info somehow, (Hacker I guess), and just TAKE it out? That was Mom's rent money, Now She has to pay a "late charge", plus it doesn't make her look good !!
I agree that NES should be "Shut Down" for Illegal business practices !!

Sub: #105 posted on Thu, 01/08/2009 - 12:49

Unregistered


hey i have had problem with nes to i has a chase acc with them and talk to some a hole name scoot or some thing like that but there was another guy i talk to his was camren or calvin some thing like that but he was really helpful and nice he was the only one i talk to who act like he got some since i think his ex was 1322 if u got a chase acc i would try talking to him but screw that scoot guy

Sub: #106 posted on Thu, 01/15/2009 - 14:07

Unregistered


Calling 3x a day every day IS bordering on harassment. The BEST way to deal with that is to send them a limited cease & desist with your DV letter, informing them that they may NOT call you, that all correspondence shall be by united states mail ONLY.

That solves that problem, since if they violate that, you can sue them.

Sub: #107 posted on Fri, 01/16/2009 - 12:04

goldenbast goldenbast
Moderators Cum Industry Expert
(Posts: 2885 | Credits: )

:lol:

Sub: #108 posted on Fri, 01/16/2009 - 18:13

Unregistered


feeling articulate guest?i have a feeling you are a turnip that works for this bottomfeeder.

Sub: #109 posted on Fri, 01/16/2009 - 18:15

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15514 | Credits: )

No paul im not a turnip who works for this company...it was a typo. I have successfuly sued this company. I suggest that's what most should do. Paid me and my attorney fees. Pretty nice. THANKS NES call ANYTIME!!!

Sub: #110 posted on Wed, 01/21/2009 - 23:04

Unregistered



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