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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?




What he did to your wife was just short of mugging her in an alley way. Let's talk about hitting back, shall we?

We do have an fdcpa violation here (at the very least using violation of ???? 806 (2) and ???? 807 (4)

Ok, that's $1000 right there, that's probably all the statutory damages you could recover, however the punitive damages are going to be quite large. As I already mentioned this person who contacted your wife used coerced your wifes account and routing number using extortion (which you might even be able to get that specific collector charged with it) then with them trying to submit the item without the account holders authorization, that would be conspiracy to commit theft (as the theft has not already occurred)

I think the 3 grand they are demanding from you will be nothing compared to what you might be getting from them. I honestly think you should consider obtaining a free legal consultation and explore the possibility of filing a suit against NES. If you need any help in finding a attorney you can start at naca.net, they have a nice list of attorneys by state.

Sub: #31 posted on Wed, 02/20/2008 - 06:33

JCEMT JCEMT
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My wife just got a phone call this morning at work even though I had expressed that she was not supposed to receive phone calls of this nature att her work. It was the same Rat B@$tard that had called her before.

This time he told her that they were withdrawing the money this Friday. She told him that she had closed her account so there was no use of them doing that.

he then got irate and said she was going to be prosecuted for writing a fraudulent check. he then hung up.

When he called her the first time, he was so harassing and intimidating that she had given them permission to debit her account. I was the one who called back and told them they could not. I am on her account. I am her spouse so this debt is as much mine as it is hers. I should have as much right to say about activity as she does.

I am going to instruct he to hang up the phone if he calls again and to not talk with him as he has been harassing her and knows that he can upset her and intimidate her.

You asked for his number in a previous post. His number is: 800-236-2380 ext. 1483 his name is Ronald Tice. Anyone who wants to speak with this Rat B@$tard should give him a call.

Sub: #32 posted on Wed, 02/20/2008 - 06:42

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Ohh, threatening criminal prosecution. Not sure if you already know this, but debts are civil matters, not criminal. You can't be arrested, even if you could be the extortion would negate any possibility of them filing said charges.

What state do you live in? I wonder if it's possible to record calls in your state without the other parties knowledge. (one or two party state)

Sub: #33 posted on Wed, 02/20/2008 - 07:03

JCEMT JCEMT
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wow...this all sounds familiar....

OK, the first thing is this---in your state, they have to be licensed. And I just checked and found that they are. I also found that in your state, you need the consent of all parties to record a call. So, that is out.

You got the disclosure letter, right? I would send two things off right now. I would send a debt validation letter immediately. I would also send a cease and desist statement within that letter, telling them that they are not authorized to contact you by telephone at any phone number anywhere, and that all further communication from them is to take place via mail. This is important--you need to send that out certified mail, return receipt requested. It will cost something like $5 and change but believe me you have to do it this way, so you can prove that you sent this letter and that they received it. Once they sign for it, you will get the green signature card in the mail, showing the date they signed for it. at that point, they are only allowed to contact you ONCE by phone, to tell you one of three things:

1--that they are ceasing collection of the debt altogether
2--that they are returning the debt to the current owner
3--that they will continue to work on collection of the debt and that they may invoke any remedies allowed by law

Thats it. They cannot call you and demand money, not one time. If they do, you need to write down everything about that call--date and time, exactly what both parties said, and try to get the name and phone number to call them back, if possible, and of course, if it isnt the same guy youve been talking to.

If you need help putting this letter together, just let me know, I use one that's pretty solid and unmistakable in its wording and intent.

Once that is done, once they get this letter from you, they cannot take ANY further collection activity until they provide the validation you requested. Not one phone call, not one letter demanding payment, not filing a lawsuit, nothing. Any action they take will be illegal, so keep us updated and believe me I can find each and every violation for you.

Something else that hasnt been mentioned--is this on your wife's credit reports? If it is, the minute they receive your DV letter they are required to notify that credit bureau that they reported to, that the debt is being disputed. This is a violation of the FCRA if they do not, and most CA's dont bother with this one from what I have seen.

So far, you have:

1--harassment, fdcpa violation
2--threatening criminal prosecution for a debt, FDCPA violation
3--refusal to identify company, FDCPA violation
4--failure to provide "mini-miranda" which states that they are a collection agency and all info obtained will be used for that purpose, FDCPA violation
5--threatening to "walk down to your county courthouse" if you dont pay up right now, FDCPA violation

We can go on and on with these morons....its the same thing with them every time. As I said earlier, I got them on 9 independent violations in less than one week, and that is on a debt that they claim totals $548!!! Imagine being liable to pay $9000 in damages plus court costs because you were an idiot about handling a $500 debt....if I were that boss, I would fire the people who made that happen in a heartbeat!!!

Come to think of it, I actually shouldnt have told the supervisor what I know of the law--by now I could have had 20 or 30 violations stacked up, who knows??

Anyways, go ahead and send that DV letter and C&D statement out ASAP by certified mail and we will go from there.

Sub: #34 posted on Wed, 02/20/2008 - 08:13

skydivr7673 skydivr7673
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Great info Skydivr. You seem to be an expert on this. We really need this kind of advice. Thanks so much

Sub: #35 posted on Wed, 02/20/2008 - 08:15

kashzan kashzan

(Posts: 5401 | Credits: )

Found two more violations--

6--announcing intention to withdraw your post-dated payment on a date other than agreed upon, fdcpa violation
7--continued calling your wife at work after he was told that calls to her work were not allowed, FDCPA violation

At this point, if you can sway a judge, this whole thing will be gone. Now, I dont advocate not paying a legitimate debt, but let's face it--if these people cant follow the law in the process, there is no harm, in my book, in suing them and letting them pay you enough to settle the bill. If they dont want to pay consumers, then they can either learn to follow the law, or they can learn a new phrase:






"Would you like fries with that?"

Sub: #36 posted on Wed, 02/20/2008 - 08:20

skydivr7673 skydivr7673
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(Posts: 2036 | Credits: )

Most of these posts referring to experiences with NES seem very negative. I owe a relatively small amount due to a dumb mistake regarding a clothing store credit card. While NES did not call me excessively, they were pretty persistent. They didn't call at ungodly hours, but like every other day for a few weeks until I decided to answer the phone. The man initially offered one settlement option and suggested I borrow the money when I told him that I was financially unable to pay the lump sum. I finally got him to let me pay it in two payments five weeks apart, and after that he was a lot nicer and more personable. I read the concern about whether or not they would debit your savings account for more than was agreed, and NES didn't do this to me. They removed the correct amount two days after the agreed date. The only thing I was worried about was if this was totally legit and the right way about tackling my debt. Will companies like NES leave me alone? Will my credit reflect the absence of this debt? I guess only time will tell...

Sub: #37 posted on Thu, 02/21/2008 - 17:07

Unregistered


NES has called my house several times a day for the last 2 months and is now calling family, neighbors, and the HR Dept at my job!! I have spoken to them several times and requested they send me the information via mail. Nothing has been sent to me. I am willing to pay my debt but not willing to be harrassed. How do I stop this?

Sub: #38 posted on Thu, 03/13/2008 - 06:32

Unregistered


One thing you could have your wife do if they call: insted of having her just hang up, have her inform the guy up front that she is recording the call and that if he does not wish to be recorded then to hang up immediately. I believe by law that should cover it, if he keeps talking, he implies consent. If he says "I do not give permission" then she responds with "then hang up, by continuing to speak knowing the call is recording, that is giving consent."

Sub: #39 posted on Thu, 03/13/2008 - 06:46

goldenbast goldenbast
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(Posts: 2885 | Credits: )

i have been dealing with this company for a short time. i have heard all of these violations. i have set up [email]fightingnesback@yahoo.com[/e mail] for anyone who is ready to take them down. send your case and i will try and forward to attorneys. i do not believe you can throw stones at a tank. but i do believe that together we can push the bolder to take it down. its time we reclaim our freedom from the harrassement. remember we cant do anything without everyones help. hope to hear from you.

Sub: #40 posted on Fri, 03/28/2008 - 06:47

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