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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?




I sent them a validation request by certified mail. It was received yesterday and my phone has stopped ringing off the hook, almost like magic. I don't know if I've heard the last of them but I almost want them to try and harass me now that I've put the ball in their court.

Sub: #21 posted on Tue, 02/05/2008 - 18:35

Unregistered


Quote:
I sent them a validation request by certified mail. It was received yesterday and my phone has stopped ringing off the hook, almost like magic. I don't know if I've heard the last of them but I almost want them to try and harass me now that I've put the ball in their court.


What state do you live in Jose? Also, please keep records of when they are calling, not just how often. According to fdcpa, collection agencies can call anytime from 8am-9pm, your local time.

Sub: #22 posted on Tue, 02/05/2008 - 20:25

oparsenal oparsenal

(Posts: 15 | Credits: )

hi jose--"Dan Morgan" has been calling you too??

I got a call from NES yesterday afternoon. Called the number back and a lady told me that my wife was facing criminal charges, that she owed "over $700", and that she's getting sued. No information about who the accout was even with, other than to say citibank is involved....but that tells me nothing because citibank issues cards for everyone and their uncle!

So, an hour and a half after I recorded her three fdcpa violations, I got a second call. Called back again, and was told the same thing at first by some guy. He said they were preparing to file charges against my wife. I asked, "hang on, are you talking about criminal charges here?" and he said "right, she's gonna have to go to court over this." To me, he just stated that yes, these are criminal charges. Later in the call he denied ever saying that but thats ok, I have him on tape....

Got a third call today, called back and suddenly the amount went from "over $700" to $548. I had the lady today do a cross-check and she told me that they have exactly one account in their entire system with my wife's name on it, so it isnt like I am getting called about two accounts. The lady today told me that based on the account number she can tell me that this is a Discover card, which we have never had, separately or jointly. When I said yesterday that I had no knowledge of this account, and that we do our finances together, I was told "well, that means your wife's been keeping things from you, pal"--I consider that to be another violation of the FDCPA because such a comment can only serve the purpose of harassing the consumer. It has no relevance to the situation and no place in a professional discussion.

So, between 6:20 PM central time yesterday and 3:00 PM central time today, I got three phone calls that racked up at least four separate FDCPA violations, and a couple of these violations were also repeated in two of the calls. Thank God for microcassette recorders!! By the time this is said and done they will be closing whatever account this is, and then owing my wife some money to boot. Right now we are waiting to see if the required disclosure comes about our right to dispute. If it doesnt, we will be up to at least $5000 in FDPCA violations, all in one week....

Sub: #23 posted on Tue, 02/05/2008 - 20:40

skydivr7673 skydivr7673
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(Posts: 2036 | Credits: )

[quote]I got a call from NES yesterday afternoon. Called the number back and a lady told me that my wife was facing criminal charges, that she owed "over $700", and that she's getting sued. No information about who the accout was even with, other than to say citibank is involved....but that tells me nothing because citibank issues cards for everyone and their uncle![/quote]

I think the only requirement to get a card with Citibank is that you be able to fog a mirror.

skydivr, did they give a recording disclosure? If not, those could be even more fdcpa violations.

Sub: #24 posted on Tue, 02/05/2008 - 20:44

oparsenal oparsenal

(Posts: 15 | Credits: )

yeah, they did that. Just did some checking in the fdcpa, and lo and behold, even a message left on your answering machine is considered a "communication under the law! SOOOOO....that means that they have until tomorrow to get the initial disclosure of rights into my mailbox. If it isnt here tomorrow, that will be five days after their initial communication with me--without the disclosure of my rights.

So far, we have--

1--two separate people claiming that they are filing criminal charges against my wife

2--two separate people telling me that my wife is getting sued(if this does not happen then this is a violation of FDCPA because they cannot threaten something that they arent really doing)

3--Harassing comments about my wife "must be hiding things from you" which have no legitimate use in the collection of any debt

4--misrepresenting the amount of the debt--first lady said it was over $700 and everyone else says it is $548

5--if it isnt here tomorrow, then they failed to notify us within 5 days of initial communication about our rights.

If that letter comes tomorrow then we are sending out cease and desist & DV letters, certified mail. I will keep you guys updated as to how it goes. If anyone sees anything in there that I missed, PLEASE feel free to mention it, because we fully intend to slap a lawsuit on these morons and I want to get them on each and every violation we can.

Sub: #25 posted on Tue, 02/05/2008 - 20:54

skydivr7673 skydivr7673
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ok, update, and its a funny one....

I got another call from them last night. So, press 'record', call back...a guy picks up the line and doesnt identify himself or his company. he tells me that he's calling about the citibank debt and how would I like to take care of that today? So, I responded with, Gee, when are you people going to provide me with the documentation that the law requires?

Then he thinks he's gonna educate me...he says "let me school you on that documentation....what you need to do is contact the original creditor, not us. WE DO NOT PROVIDE YOU WITH THAT, THEY DO AND YOU MUST GO GET IT FROM THEM. Imagine that--the guy's gonna "school me" on debt collection law....So, when I calmly inform him of section 809 of the fdcpa, he cuts me off and says "let me transfer you to someone who cares" and puts me to the supervisor....this is where it gets really good....

The supervisor, Carol, gets on the phone--"how may I help you". "Well, I dont know why I was even transferred to you, Carol, but your debt collector is as ignorant as the day is long. He just told me that he was going to "School me" on debt collection laws, and when I wiped the floor with his ass regarding that law he immediately sent me over to you. Perhaps he isnt capable of dealing with an intelligent person??"

I then proceeded to inform her of everything her company has been doing for the last week. I told her about the threats of criminal prosectution--"WHAT?? Who from this company told you that??"--I told her about the failure to disclose consumer rights as required by law--"well, it says on your account that the notice was sent out early last week and it didnt come back so thats enough to satisfy the law..."--but thats when I remind her that her company only received this account to collect on 2/1/08, which means that "early last week" they didnt even have the debt in their office, so they clearly didnt send out that letter when she's claiming they did. Then I let her know that one of the DC's told me it was sent out over a month ago. Now, at this point, the mood I am picking up from her is changing. It's subtle at first, then it becomes quite obvious as the call goes on. I list out no less than seven different violations of the FDCPA and list out the section of the FDCPA that pertains to each one. I then inform her that as per FDCPA the penalty for these is $1000 payable to me plus any actual damages. I can almost hear her jaw hitting the floor....especially when I ask her "you owe me this money for the way your company has chosen to do business with me in an unlawful and downright disgusting manner--how would you like to take care of that today??"

Yes, I just couldnt resist! So, now, she stasrted off in a position of perceived control over the call and that has changed to me being in full control and she is now just along for the ride. So, I inform her that documentation on this account is required by law and I have nothing further to say to anyone at NES until they provide it. But thats not all...

I then reiterate to her how two of her collectors insisted that my wife is about to be charged with three different crimes. She said, " Sir, I am truly sorry about that, I wish I knew who said that to you because I would handle it personally, but there are over 800 people working here and there are probably 50 or so with the last name Jones..." So, I say, "Well, I have all the comments recorded from the calls, I can send you a copy if you would like..." She immediately bites on that, and then realizes what she's saying: "I would very much like a copy of...um, wait a minute, you cant--" I stop her right there--"I know, I know, I cannot record the call without your permission, right? I knew you were going to say that. Well, youre wrong again. Federal law states that an individual can record the call so long as one party to the call gives consent. Not only that but youre calling my state when you call me, and my state is also a one-party state. So, I am well within the law, thanks for caring so much."

Well, at this point, she isnt saying anything. She's not very happy, and it appears that our "debt collection supervisor" is squirming on this call, very uncomfortably I might add. She then asks me, "Sir, are you an attorney?" When I tell her that I am not, you can actually her the sigh of relief on the phone....until I told her that I dont need to be a lawyer to sue her for these violations.

Overall, a fun phone conversation. It's priceless when you can get the chance to turn their game around on them, and its even better when a company ignores the law completely--in the recording of the call you can just hear when that little light came on in her head that said they're in big trouble....

End of the story is that I was promised validation on the debt. Let's see if it happens or not. Oh, one more thing....everyone I have spoken with has told me that my wife's getting sued. Everyone, that is, except for our new friend Carol the supervisor--she says "I would like to know who told you that and why, the account was only placed with us for collection, not for us to file a lawsuit. That isnt anywhere near where this account is at this time....so, by asking her about it, I have her on tape confirming the FDCPA violation made by her DC's on the phone when they said she's getting sued. Thanks SO MUCH, Carol, for the proof I needed!!!!

1--threatening a lawsuit when it isnt what they are doing
2--threatening criminal arrest and prosecution for a debt
3--harassing comments that have no place in a professional collection call
4--failure to inform consumer of required disclosure of rights within five days of initial communication
5--failure to provide "miranda" when calling
6--failure to identify their company when calling
7--misrepresenting the amount of the debt

All of this has taken place since 2/1/08. That's an impressive record!! I am going to get the pro se packet this week and we are going to file complaint ASAP. I will let everyone know how it goes.

Jon

Sub: #26 posted on Thu, 02/07/2008 - 06:17

skydivr7673 skydivr7673
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(Posts: 2036 | Credits: )

Thanks for the great information, skydvr.

My wife just got her first call from these a-holes yesterday. They phoned her at work while she was on break and made the person who answered her phone to go get her to come to the phone. This guy talked so fast he would not let her get a word in edgewise. He intimidated her by saying that she needed to come up with a settlement now or he would walk down to our county courthouse and get a summons to bring her into court and then garnish her paycheck. He said that she could pay $2600 of the $3300 she owes on this account that he is collecting and it would be paid up. She told him she doesn't have that much and that if she did she would pay. She told him that he cannot call her at her work because it is not permitted and is embarassing. He told her if she thought the phone call was embarassing, wait until he got a summons served her at her work. He demanded a routing number for her checking account and her account number. She was in tears and gave it to him. He said se had until the 26th of February before he would take the money out of her account and gave her his phone number, ext number and his name to contact him after she got off of work so that she could confirm that he could take the money out on the 26th.

When I got home I called him up and the first words out of my mouth I asked him if he "was the one who called my wife and harassed her at work today?" That Rat Ba@#$rd hung up on me. I called back and he was the rudest individual I have ever had to deal with. I asked him about "debt validation" and he said it went out in the mail today (2/12/08). He also said that from what I am asking that the "deal" he had struck with my wife earlier whereas if she paid $2600 on the 26th, is no longer being offered and that it is now back to $3300 and after they get a court order attorney fees will be added on top. He also asked me if I was a lawyer at which I told him no. I asked him what company he was with and what was the nature of his business. He hung up again.

I then called back and hung on for an operator because I wanted to know more about the company. The person who answered the phone would not give me any details so I asked for someone who has authority to do so and he connected to the same rude Rat Ba@#$#%d again who would not answer any questions. I was keeping my cool the entire time. He hung up on me again.

I figured the operator who answered the last time got my number from caller id and then transferred me to wo has that account so I called back using *67 thereby hiding my caller id. This guy must have recognized my voice and transfered me back to the RB again. The RB told me I was harassing him since I had called him 5 times in 5 minutes. I told him that knew all about me and I was entitled the same, that I should know all about their company and what is the nature of their business, are they a debt collection business or a legal service. He would only talk around it without identifying it and eventually hung up on me again. I remained calm throughout and he was the one getting all hot under the collar. 4 more days until I get the letter if indeed they sent it out. More to come...[font=Arial][/font][color=Black][/color][size=3][/size]

Sub: #27 posted on Wed, 02/13/2008 - 18:16

Unregistered


What is the number you have NES Victim? You should have your wife call her bank to keep them from debiting that account. The method he used to get her account number and routing number, and then saying he was going to perform this transaction without even asking her permission. It's theft and extortion.

You should also send them a debt validation letter (you can find a template for one in my signature) send it certified mail, return receipt requested. Once they receive it they are bound by federal law to cease collection activity until they can produce said validation.

Lastly contact your state attorney general's office to file a complaint. This company need to be dealt with by our nations legal system.

Sub: #28 posted on Wed, 02/13/2008 - 20:16

JCEMT JCEMT
Moderators
(Posts: 2934 | Credits: )

You should also file with the FTC.

Couple questions for you, if you don't mind.

1. What type of debt is this?
2. When was the last date of payment (guestimate)?
3. What state do you live in?

Sub: #29 posted on Wed, 02/13/2008 - 20:17

JCEMT JCEMT
Moderators
(Posts: 2934 | Credits: )

In my discussion with him, he said that the deal that he and my wife struck was no longer and that they would up the figure to the $3300 from their $2600 offer to settle. I told him that there would not be enough to cover any amount in her account and not to withdraw anything.

Monday we received the debt validation letter requesting that we return it with an immediate payment of $3300.

Today we received a notice that they were withdrawing money out of her account per her agreement on the 22nd even though the CA had said it would be the 26th. We went to our Credit Union to see about stopping payment. Since they had never withdrawn money out of her account they could not figure a way to stop it so they suggested that she close the account and open a new one so that is what she did so as to keep them from overdrawing her account and taking her next three paychecks from this overdraft since she has a "courtesy" over draft protection where they will pay the amount and charge a $30 fee to her account. He probably asked her when she got paid next and wrote down the date then sent the letter about withdrawing from her account where she would have little to no time to do anything about it.

This company is a vicious collection agency, the kind you hear about but never realized they existed until they bite you in the arse.

The debt is from a Pay Pal credit card. She ran up the debt and has not been able to pay for a few months. I was unaware.

This is the first contact with NES since Pay Pal turned it over to them.

We live in Illinois so there is a garnishment law whereas if they do get a judgment from the courts they can garnish her wages.

We know this is her debt and that she needs to start repaying it but they are asking the impossible, complete payment immediately and are unwillni9g to negotiate any other possible settlement.

We have an appointment with a credit counseling Service so that we can hope to get our credit payments under control to get out of debt and back on track. All in all we owe less than $7K in credit cards which is less than the national average household. We just extended ourselves a bit further than we should have with the cost of living raising so sharply due to fuel and electricity,etc.

Sub: #30 posted on Tue, 02/19/2008 - 20:29

Unregistered



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