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NES collecting a debt thats not mine! HELP!

Date: Thu, 06/21/2007 - 14:02

Submitted by eleven
on Thu, 06/21/2007 - 14:02

Posts: 3 Credits: [Donate]

Total Replies: 5


Hi ppl,

My first post and sorry for the long first post!

Here's my story:

I recently started getting calls from National Enterprise Systems to my house claiming that I owe them $6xxx.xx from an old Citibank/Sears account and still made payments on 12/2006. The problem is, I NEVER HAD A SEARS ACCOUNT!
I told NES that they made a mistake but they still insist that the account is mine.

Here is what I did:

1) I pulled my free credit report from all 3 bureaus and nothing shows up as delinquent.

2) I called Citibank and Sears credit card departments and asked them to verify if I ever had an account with them (in case of identify theft) and they said "No, you're name/social/address/home phone does not show up on our records". I even gave them my girlfriend's info to see if it was an joint account but nothing shows up in their system. (If Sears sold the account to a collection agency would Sears still have the basic info in their system?)

3) As suggested by Bud Hibs website, I called them back and started the conversation with "This conversation is being recorded, so be careful what you say. Now tell me about this account that I don't owe." Then I asked them to provide me with the account numbers but they won't give it to me!

4) I asked for their mailing address and phone number so I can mail a "Letter of Validation".

Any suggestions on what I should do now?

What I'm doing now is (as suggested on numerous posts in this forum) sending them a "Letter of Validation". What should I write down as Account #? Should I provide them my name and several numbers of my social? It's not my account so I don't have one and they wouldn't give it to me over the phone.

Here is the letter, please give me suggestions on this letter (most of it taken from the Sample Debt Verification template on this forum):

=======================================
Quote:
My Name
My Address
My City, State, Zip

Date

National Enterprise Systems
ATTN: Compliance Department
29125 Solon Road
Solon, Ohio 44139-3442

RE:
Account Number
Account Name
File Number or ID#
Amount $ claimed owed

Dear NES:

This letter is to advise you that the account you claim I owe is not owned by me and a mistake on your part. If you insist on making the same claim, I respectfully request that your offices provide me with

competent evidence that I have any legal obligation to pay you.

I need you to provide the following as the debt validation:

- What the money you say I owe is for;
- Explain and show me how you calculated what you say I owe;
- Provide me with copies of any papers that show I agreed to pay what you say I owe;
- Provide a verification or copy of any judgment if applicable;
- Identify the original creditor;
- Prove the Statute of Limitations has not expired on this account
- Show me that you are licensed to collect in my state
- Provide me with your license numbers and Registered Agent
- 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.
- 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..
- 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:

- Violation of the Fair Credit Reporting Act
- Violation of the Fair Debt Collection Practices Act
- 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.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not

limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with

me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that

purpose.

Legal actions may be taken against you without any further notice, should you choose to ignore this notice.

Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission.


Sincerely,


My Name Here
=======================================





Thanks in advance!!!


goudah2424,

Thanx for you reply to my original post. The DV letter worked in getting NES to stop calling me. I thought it had come to an end, but I was wrong.

Today, I got a mail from Weltman, Weinberg, & Reis on behave of lvnv funding llc collecting a debt, which again is not mine. I don't know if they're referring to the same account as before, but on this collections letter, the dollar amount is drastically different. The original amount from NES was $6xxx.xx and now from Weltman is $1xxx.xx. Also, the name on the letter, although similar to mine, is clearly a case of mistaken identity.

I'm planning on sending a DV letter to Weltman certified with signature confirmation.

Would you recommend me do anything else in the mean time?

Thanks again!


lrhall41

Submitted by eleven on Fri, 07/06/2007 - 14:38

( Posts: 3 | Credits: )


thanks guys,

I will be sending out the Debt Verification letter on Monday.

Another thing, I received a letter from NES yesterday stating that they have received my DV letter and is undergoing investigation of the account. They still have not given me any debt validation documents. What should I do during their investigation period?

Thanks again.


lrhall41

Submitted by eleven on Sun, 07/08/2007 - 09:20

( Posts: 3 | Credits: )