NES harrassing calls

You must send them a validation letter and a cease and desist letter by certified mail immediately. Send it return receipt and if you can afford it send it 2 day priority. They must stop the calls after they recive the C&D letter. Templates for both of these can be found on the side of this page under Do It Yourself > Letters. These people are nothing but thugs who are illegally harassing you. Tell them in your letter you are reporting there actions to the Attorney General in their state and yours and DO IT. collection agencies do not sue people. They are using these tactics to scare you into paying so they can collect their commission from the boss! They are all a bunch of cubicle creeps with hundreds of people on their comuter screens to harass for money. They get worse at the end of the month because they are not making their quota.

Hello, I really would like to know, how long are collectors suppose to hold an account? Is there a time limit for consumers before collection agencies take legal action? Because the person keeps saying that they will send the account back to the bank. Then the bank will take legal action. [/img]

I just got off the phone with NEC (they were calling to do a conference call with my bank). When I told them that the money wasn't in the account they transferred me back to the same rude person as before. When I talked to him and said that I didn't have the money but was willing to do any sort of payment plan he said "we don't do payment plans!" and I said, "well, that's all I can do right now!" his reply was "well, see you in court then! Good luck with your life!" and then he hung up.

Do not let the collector hound you. Be aware of your legal rights mentioned in the fdcpa. They are legally required to follow all the rules. If you find them violating the laws, take the help of an attorney and sue them.

Try to find out the original creditor and see if you can work out arrangements with them directly.

Hi Andrea....

First, you need to know what a collection agency is not able to do, according to federal law.

1--they cannot garnish more than 25% of anyone's wages, so telling you that they will take a third of your husband's check is illegal.

2--they cannot threaten you with an immediate lawsuit, because even just the process of filing a suit takes more time than that.

3--Within five days from the date they first contacted you, federal law requires that they send you a disclosure statement in writing. That statement informs you of your right to dispute the debt or any portion of it, and also of your right to request information about the debt, such as the original creditor. If they did not do this, it is another violation of federal law.

I would immediately send them a debt validation letter and a cease & desist letter. Send these by certified mail, return receipt. That way you will have proof that they were sent and received. The DV letter informs them that you are demanding that they prove the debt is legally yours, and also you are demanding that they provide proof that they are legally allowed to collect on it. The C&D letter informs them that, as provided in the Fair Debt Collection Practices Act, they are to immediately cease all telephone contact with you. Tell them that they are only to contact you via mail. The fdcpa requires them to honor that request, so if you send it and they keep calling and harassing you after they received it, then that is another violation.

These violations matter--because you can then sue them over the violations. Federal law provides that you will be entitled to collect up to $1000.00 for a violation committed by a CA.

Oh, almost forgot--this debt that they are trying to collect, I have some questions. First off, is it legitimately yours? If so, was that account opened before or after you got married? Finally, what state do you live in? Some states are 'community property' states. This means that a CA can go after your husband's paycheck for a debt in your name, provided that debt was originated after the date you two were married. If you do not live in a community property state and his name appears nowhere on the debt, they cannot legally touch your husband or his money. Just food for thought, hope this helps.

yes, this debt is legitimately mine, I don't dispute that. However I was not married to my husband at the time the account was opened. Since then I have moved from California to Oklahoma....I checked my credit report online and the NES isn't anywhere on it...furthermore, the original creditor still owns the account (according to the report)............also there isn't anything in collections on my credit report. What does this mean? I know I owe the money, but who should I be trying to make payment plans with?

ok, first thing's first....you should immediately contact the original creditor. You need to find out from them if they currently still own this account or not. Your credit file may show them still reporting it, but that may not have been updated in a while. The safest way for you to find this out is to contact the original creditor directly and inquire about it--they will be able to tell you if they still have the account or if it has been sold or assigned. If you find that they do in fact still own it, request a letter from them stating that--you can then use that as proof of NES's illegal collection attempts in court.

This must be done first, before you worry about making any kind of payment arrangement with anyone.

Second, NES may or may not report to the credit bureau--that is their prerogative. Your credit file is not going to be a reliable source for this type of information. I recommend using it only as a guide to go off of and not a die-hard source of info. However, do keep in mind that if you discover that NES has no right to collect on this account, you should know that anything they do put on your credit file is illegally there, and must be removed. Dont let them dictate to you how this goes--they are already not following the law!

Once you have established whether or not NES has the right to collect, send NES those letters. That is, unless you find that the OC still has control of the debt--then you should just send NES a letter by CMRRR, stating that you know they are not legally allowed to collect on this debt. In that letter, inform them that their collection attempts are in violation of federal law, and if they do not immediately cease all contact and collection activity, you WILL sue them. If you have to send this letter, be sure to enclose a copy of the letter you requested from the OC, showing proper ownership and assignment of the debt. This will be all the proof you need to get NES off your back if this is the case.

If you would like, I can post up the DV/C&D letter I use. You are welcome to use it yourself--it is a combination of a few different letters I have seen.

posting those letters would be a huge help, thanks skydivr...suddenly I don't feel as if the world is crumbling in on me! I will breath a little easier tonight!

Andrea, here you are:

Sample debt validation letter/Cease and Desist. Do not pay a collection agency any money without first sending this letter. If you have any questions, please contact Anthony.

Quote:

I recently worked at this horrible place. National Enterprise Systems is the collection agency from hell. It's the devil's worst nightmare. Employees are trained to collect according to the Fair Debt Collections Practices Act but once on the floor in their respective departments collectors are told to forget everything they learned.

My supervisor, Bryan Howard under the alias of Paul Stevens, regularly provided a second voice to collectors having trouble closing collections. This idiot would identify himself to callers as a federal agent, an NES attorney, etc., anything to try to scare the debtor into paying. He would actually tell debtors and their spouses that a lawsuit had been filed and if the account is not paid by postdated check by a certain time that day a deputy of the court was coming to serve the debtor on his job. I witness this on a daily basis all day long. B. Howard is neither a federal agent, attorney nor any of the other things he claims to be and NES don't sue debtors. All are clear violations of the Fair Debt Collections Practices Act.

Debtors are talked to as if they're inhuman. Even when the debtor is not home the person taking the message is treated like dirt. I will never forgot my supervisor shouting at an 81 year old African-American woman for not getting a pen and paper to take the message. "I DON'T CARE IF YOU ARE 81 YEARS OLD HE SCREAMED AT THE WOMAN." I've witness collectors hollering at kids "GO GET YOUR FATHER."

You are not supposed to talk to spouses????????in certain states--about their significant others???????? debt unless given permission by the spouse to do so. This rule is ignored at NES. In fact when I left training I put the document about the spouse rule on my cubicle wall to reference only to have it snatched and trashed by Bryan Howard who said I wouldn????????t need it.

The owners Ernest Pollack, his wife, and two sons: Scott and pie-faced Chris are well aware of what is going on. These people are hands on owners. They constantly walk the call room floors, note the individual collectors and group collection sales and hear all the violations first hand. The more a collector screams at a debtor the more they like it. People actually clap and cheer when a collector goes off on a debtor. All that concerns these greedy money grabbers is how much money they are collecting at any given time.

Payments are demanded in full although they do offer settlements that are too demanded in full. Money orders and mail-in payments are not accepted, only postdated checks over-the-phone or Western Union Transfers for Citi Bank accounts. Some other creditors do allow NES to also take payment by credit card. For the postdated checks debtors are asked to give their accounting and routing numbers. NES, the scumbags they are, attempts to take the money out before the postdate. Nice company huh!

Collectors and supervisors once provided with bank info by the debtor call banks automated customer service numbers to obtain how much money they have in their accounts. We have their social security numbers so getting info this way is like taking candy from a baby. Some banks have safeguards against this and required you talk to a live person. They also work this wickedness on debtors???????? credit card accounts or the credit card accounts of the debtors???????? spouse, mother, father, etc. I remember one collector on the phone with a debtor saying ???????Your Mother Has $7,000 On Her Card She Can Use;??????? She Can Pay This Debt For You!???????

If anyone needs someone who's "been there" in any of their legal actions against this despicable company I????????m your guy.

Thanks for the interesting (albeit disturbing) insight. Perhaps you should speak with your state attorney general's office to file complaint and put this company in their place.