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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?




Can a separate lawsuit be filed for each instance where the FDCPA is violated? For instance a lawsuit for violating your rights on July 17th and another lawsuit for violating them again on July 18th?

Sub: #131 posted on Thu, 07/16/2009 - 14:58

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No, I do not believe they are stackable like that. It's best to list all your charges on one suit. If they continue to break the laws, you can add those counts to the already open case.

Sub: #132 posted on Fri, 07/17/2009 - 21:49

Chrys Henderson Chrys Henderson

(Posts: 2538 | Credits: )

FDCPA violations are per action, not violation. You would need to file seperate lawsuits for each one.

Sub: #133 posted on Sat, 07/18/2009 - 08:55

NASCAR_Devil NASCAR_Devil
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(Posts: 4671 | Credits: )

These people are out of control! our last name is Lee and they are looking for someone who doesn't even live here and never did, yet they call everyday and wake us up- they are the a-holes of all time- I suggest you work something out with them because the are stupid and it doesn't mean anything to them. I think they get paid by the call and not the results, because even though we are not the people they are looking for they continue to call the wrong number!

Sub: #134 posted on Thu, 07/23/2009 - 05:15

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Send them a Cease & Desist letter, Certified Mail Return Receipt Requested. Log any calls you get. When you get the green card back, check the date. If they called you after they received the letter, sue them.

Sub: #135 posted on Sun, 07/26/2009 - 21:22

Chrys Henderson Chrys Henderson

(Posts: 2538 | Credits: )

NES has been calling me at home about a issue with Honda America Financial on a debt from another person. I call Honda and they do not have information on this issue. Never give them any information. If you owed them money the organization you owed first would issue you a letter about the money owed. They did not even have a correct address for me.

Sub: #136 posted on Mon, 08/03/2009 - 12:38

Unregistered


I have been receiving calls from a Robert Mason from National Enterprise Systems also. The first call was on Tuesday July 7th. He called me at work after calling my house and talking to my wife. He threatened my wife with law suits while talking to her.
When he got me on the phone, he threatened the same. I asked for him to mail me official notice and documentation, he responded by saying that a letter was already sent out to me. When I asked when, he said on July 4th. I replied with stating that July 4th was a Holiday and a Saturday, so I dont believe him.
I was insistent that I would deal with him when he send me proof of hi claim in the mail. He kept telling me that I was the person in trouble and did not get a chance to pick how this goes. He called my work number repeatedly on that day.
At one point, I had told him that I was at work and that he could not call me there. He said he would continue to call me there until we settled this. Refused to hang up and end the call even though I told him I couldnt talk. Only responded by saying that "we were going to settle this today". I hung up on him.Calls continue to my work
Finally, ten days later, I did get his collections letter in the mail. It was written on the 8th.... so couldnt have gone out on the 4th.
I sent a debt validation notice, expressmail, signed for on the 1st.
On Monday the 3rd, Robert called again to my cell and twice to my work. I advised him that he is in violation for calling me. He asked why. I told him about the DV letter. He claims to not have gotten it. I advised him that I know its there as it was signed for.
I did not send my DV to his attention, just to NES directly. Does that make a difference ?
This collection is for a very old credit card which has gone from bank to bank as they have sold over the years. The original creditor is three banks ago. My last payment was in May of this year and the only reason that I stopped payments was that the bank itself locked me out of paying online.... so after two or three missed payments they wrote off the account and now it sits with NES.

Sub: #137 posted on Tue, 08/04/2009 - 03:22

Unregistered


One thing you should always do in addition to getting information about your rights online, is to do a bit of research on the actual collectoid mutts who are humping on your leg. (in this case, National Enterprise Systems) I just found the most heartwarming tidbit from the Charleston Gazette. Seems the Ohio State Attorney General has really lost his patience with these scum and their tactics and late last month made it official by slapping them with a massive lawsuit! Just enter ???State attorney general sues Ohio debt collector??? into your search engine and get ready for a good laugh. It is said that snakes never sweat, but this just might do it! Most of the violations mentioned are the same type which have lead to the permanent shutdown of several other collection companies including Camco and Final Asset Locaters. That subhuman vampire, Ernest Pollack who owns this zoo of bottom feeders is also listed as a defendant (Come to think of it, the automated calls to our number abruptly stopped right after the story broke, anyone else notice this?)
The story doesn???t seem to print directly off the screen, but you can mouse-scan it and copy it into a Word document with good results. It???s going to make a great cover-letter to the Cease And Desist order I am about to serve these vermin with! The article goes on to say that anyone else wishing to add their own online consumer complaint to the huge list already against NES is encouraged to do so and provides a link for this purpose. Sounds like a party we could all go to! No word yet if the feds might get involved in this one, but if so, it could lead to NES being shut down for good (We can only hope) We don???t owe these filth a dime but they couldn???t care less, the one they are looking for is a similar name that is no relation. By the way, there is no 555 area code anywhere in the entire U.S. so their origin numbers are either offshored, bogus or most likely both.

Sub: #138 posted on Mon, 08/10/2009 - 17:15

Unregistered


I am an owner of a collection agency, and I have to offer some suggestions. First, I would like to comment on the above. Just because a person signs on a line for a credit card, or any other type of loan, does not mean they are opening themselves up to be belittled by these type of agencies. No matter what, the circumstances of the person who took the loan may have changed unwillingly. When the credit granter granted the credit line, they knew they were taking a risk that the persons life and financial situation could change over the period of time it would take to pay the balance through minimum payments if they maxed out their credit line. This does not give that company, or any of its agents the right to offend, belittle, threaten, or harass anyone.

Our agency works with our debtors to find solutions, not add to the problems. We treat all of our debtors with respect and most often, that's what gets us paid. Because they know we are willing to work with them, and not against them. We even take the extra steps of offer referral sources for their area if they need assistance finding a job, food, rent money, etc., so they can work to get back on their feet and pay us.

If you have a collection agency that is doing this to you, be sure to contact your Attorney General's office. They will work with you to file a complaint. Also, go to the Ftc.gov website and read more about your rights and responsibilities as a debtor. If you have not been able to resolve the situation from there, contact an attorney in your area. As much as I hate to say it, but collections practices act complaints are the new slip and fall, so I ask that you be sure you have a real complaint, and not just trying to get out of paying your debt. Keep in mind, an attorney is not going to file your case for free. In the end, you will get nothing, or the attorney will take most of it. So to save yourself the time and trouble, as I said before, make sure you have a REAL complaint and something to back it up with.

Sub: #139 posted on Wed, 08/12/2009 - 18:59

Unregistered


Mr. B;

You did the right thing by sending the notice by certified mail, hopefully you got a return receipt since the post office only keeps records for a specified period of time. This is why it is also important to file a complaint with the Attorney General. Once they receive enough complaints, they will take action. They do not proceed on cases that do not have merit though and need enough complaints to warrant it.

As far as your "DV" letter. It is standard that you allow a company 30 days to process your letter. Sending the letter directly to the company does not matter and is often best. This way, there is no argument that the person left it on their desk or is no longer with the company and never turned the letter over to the proper person.

As I said before, I am the owner of a collection agency, and willing to provide this information because we work in an ethical way. I would fire an employee with no questions asked for violation of the FDCPA, not because I am afraid of being sued, but because in most cases, I feel the FDCPA is fair.

Sub: #140 posted on Wed, 08/12/2009 - 19:13

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