HELP!!! How to deal with National Enterprise Systems???? They are impossible!!

[thebluedahlia]

What is the name of your state? Tennessee

I have a credit card debt with Sears Mastercard that has been turned over to National Enterprise Systems. Before my account was turned over, I had made arrangements with Sears to auto-debit $70 monthly from my checking acct to pay on my balance and they turned me over anyway (not exactly the worst that has happened here....)
In Jan of last year, I got an extension on my car loan (my mom is primary on that loan) to begin paying off credit card debt.....I tried unsuccessfully for over a month to contact National Enterprise Systems to make payment on this collection. I left voicemail after voicemail; none were returned. I finally called Sears themselves and explained that I was trying to make payment and could not contact the collection agency; the Sears person said that when she pulled my account up, all that was listed was a 1-800# for me to call. I did that and yet again was met with a Sears employee's voicemail. I spent two more weeks leaving voicemails at both numbers to no avail. At that point, I give up and use the money to pay off another creditor.
About a month after I had given up, I start receiving phone calls from NES. They claim to have NO voicemails left from me over the past few months and threaten with further action. I agree that I can make payments of $150 a month to resolve the matter and begin giving my banking info to the young guy who can't speak English well-he has trouble and his supervisor gets on the phone and takes it from there. She repeats back our "agreed" payment terms of $500 every two weeks which I definately tell her is incorrect and that I cannot pay. She tells me that I have no choice now that she has my banking info!! I inform her right back that the funds will not be available for that amount and all that will happen is an NSF. They try SEVERAL times to debit my account for the wrong amount; all that happens is I got to pay the NSF charge.
Fast forward to this week------I start receiving phone calls from NES again. I have no money to pay this in full or even half, but I CAN make weekly/monthly payments. I propose said payments to NES person Toni and she gets belingerant and informs me that there are no payments, it's all or nothing. I tell her that it will have to be payments; I have NO problem whatsoever paying this debt back, I just do not have the means to pay in full by the end of this month. She tells me I have no choice that I have to pay in full or they will proceed to get a judgement! What sense does that make? I was not trying to get out of it but I cannot just snap my fingers and make $2800-$3000 appear!
After she rejected my payment offer and told me that we were going to court because I was "unwilling to resolve this matter" ("don't TRY to resolve, DO SOMETHING ABOUT IT" she said), she called me back on Saturday to offer me a sttlement out of court or split the total into two payments. Like I said before, I have no way of doing this and I was going to call her back tomorrow.
What do I do?????!! I would love to keep it out of the courts but cannot borrow the money (and this is college debt).What is the name of your state?

[moburkes]

You prepare to make payment arrangements. After the judgment, they will be allowed to garnish your paychecks and levy your bank account.

[thebluedahlia]

So there is no way to avoid a judement at this point? What about trying to contact the original creditor, Sears, again?? Toni keeps telling that she cannot accept payments b/c her "client" has not set that up and that she cannot let me do anything other than settle out of court or pay split payments this month and next**************.

[Johnny O]

Guy it seems like these collectors think they can push you around. I think its time for you to make a stand, and tell them what you can do. If that is not acceptable, the have them take you to court. In court explain to the judge you made attempts to pay and they were unreasonable, if it gets that far. I dont think they want to spend more money and time to sue you when you are willing to make arrangements to pay. Remember they paid pennys on the dollar for that debt, so whatever they get is GRAVY. get tough.

[debtcollector`]

And now for some accurate answers:

Before you talk to the collector tomorrow you need to do the following:
1. Go to grandcentral.com and get a free phone number - their service will allow you to record all incoming calls and give you a great mp3. You can forward the grand central number to your phone.
2. Check around for a consumer protection attorney. See my notes below.
3. When you talk to the CA give them your new grand central number as your home number -- tell them you cell is about to die and ask they call you back at your home number to make arrangements.
4. Record the call. Ask why they attempted to debit your account $500 when you made an agreement for $150.
5. Do not make a payment arrangement with them. They lied to you once. don't be dumb twice. Tell them that because of their action your account is closed and you have to mail a money order. Ask for the address and any account information.

Originally Posted by thebluedahlia

About a month after I had given up, I start receiving phone calls from NES. They claim to have NO voicemails left from me over the past few months and threaten with further action.

you're leaving a voice mail doesn't mean anything. Skip past this issue -- it is noise.

Originally Posted by thebluedahlia

I agree that I can make payments of $150 a month to resolve the matter and begin giving my banking info to the young guy who can't speak English well-he has trouble and his supervisor gets on the phone and takes it from there. She repeats back our "agreed" payment terms of $500 every two weeks which I definately tell her is incorrect and that I cannot pay. She tells me that I have no choice now that she has my banking info!! I inform her right back that the funds will not be available for that amount and all that will happen is an NSF. They try SEVERAL times to debit my account for the wrong amount; all that happens is I got to pay the NSF charge.

That is a violation of the FDCPA. A big violation and you can prove damages. This is what keeps the pro debtors up at night drooling. You need to contact a consumer attorney. While I'm not recommending any personally, try NACA at [url]www.naca.net[/url]

FDCPA -- § 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

Originally Posted by thebluedahlia

Fast forward to this week------I start receiving phone calls from NES again. I have no money to pay this in full or even half, but I CAN make weekly/monthly payments. I propose said payments to NES person Toni and she gets belingerant and informs me that there are no payments, it's all or nothing. I tell her that it will have to be payments; I have NO problem whatsoever paying this debt back, I just do not have the means to pay in full by the end of this month. She tells me I have no choice that I have to pay in full or they will proceed to get a judgement!

Great - ask when they will file. If hey don't file -- they will have committed another violation. Make sure you discuss it with your attorney.

Originally Posted by thebluedahlia

After she rejected my payment offer and told me that we were going to court because I was "unwilling to resolve this matter" ("don't TRY to resolve, DO SOMETHING ABOUT IT" she said), she called me back on Saturday to offer me a sttlement out of court or split the total into two payments. Like I said before, I have no way of doing this and I was going to call her back tomorrow.

Inhale. If you don't feel up to talking to them on the phone at the moment -- hang up. Be courteous, but be firm. If they go that way again -- tell them you need the address to send the payment to. When they say no you have to give it to them over the phone, tell her you can't because of the past experience with her company. When she threatens court -- say fine, I'll see your attorney in court -- would you please spell your name so I can get it right in the counter suit?

Originally Posted by thebluedahlia

What do I do?????!! I would love to keep it out of the courts but cannot borrow the money (and this is college debt).

First relax. Talk to a consumer attorney.
If you don't think you can talk to them on the phone -- don't.

As a side note -- there are a few things in this situation that really tick me off.
1. Outsourcing call centers to non-English speaking countries. I detest companies that do that.
2. When they tried to ram that payment through -- they broke the law. It is not excusable. And you have recourses -- use them.

DC

[thebluedahlia]

I tried to condense my original post so this did not get mentioned.....this past week, everytime that Toni would call, she would say that I had until 6PM EST to return the call or they would pursue further action. That went on for about three days b/c I would return the call and have to leave a voicemail and she owuld not call back until the next day.

When I finally had the long not-so-nice conversation with her Friday afternoon, she got beligerant and informed me that we were going to court, that she was submitting it b/c I was unwilling to resolve the matter (I have all this recorded with a regular tape recorder). But then on Saturday, she calls me and tries to propose something again (the settlement out of court or split pymt).

Does this mean that they have already the law by telling when they were going to submit me for further action and then not doing so when they said they would? I suspected that she only called me back on Saturday b/c a supervisor or someone made her (you could kind of tell in her tone of voice) or b/c I told her that I had contacted the Dept of Commerce and Insurance in the state of Tennessee regarding her companies practices. I was advised by the staff attorney there to file a complaint on NES for the auto-debits in the wrong amount.

Is she only wasting more time on me because I told her I had checked up on my rights and hers??

[moburkes]

They can sue or not sue you. Its completely up to them. They are not required to "work with you". No law states that, once they tell you they are going to sue, that they cannot change their mind.

You don't have many "rights" in this situation, except the right to pay your bill.

[debtcollector`]

Originally Posted by moburkes

They can sue or not sue you. Its completely up to them. They are not required to "work with you". No law states that, once they tell you they are going to sue, that they cannot change their mind.

Actually I have to disagree.

The FDCPA is very clear and the FTC staff opinions support this. When the collector says, "If you don't pay by XXXX, we are going to sue you."

They have to file, or they are in violation of the FDCPA section:

§ 807. False or misleading representations [15 USC 1692e]
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

There are techniques to make the debtor think we are going to sue or garnish without saying it. It is a powerful tool that when used right frequently results in payments. But if use wrong or executed incorrectly, becomes a violation. If the collector said it the way the OP claims -- that is a blatent violation.

DC

[moburkes]

My bad******************************************....

[Ladynred]

She tells me I have no choice that I have to pay in full or they will proceed to get a judgement!

First, understand that "Toni's" (probably NOT her real name) insistence that you must pay by some bogus deadline is nothing but a pressure tactic. These collectors have quotas they must meet and the more money they can bring in by month end the bigger bonus they get. So ignore the 'deadline' nonsense.

As for just getting a judgment - it's NOT that simple, it takes time - time to draw up the lawsuit, time to file, time to serve you, and time to docket the case for you to appear in court - most likely in General Sessions court in TN. This DOES NOT happen over night - not for anybody !

DC is right, if they threaten to file a lawsuit, they damn well better do it. Have you received any WRITTEN communications from NES ?

[thebluedahlia]

I received one letter in Jan 2006 stating that I owed the money (which of course I knew I did but the amount seemed incorrect) and then another letter in Feb of this year. The 1st letter is the one that I made all the attempts to contact them and attempts to pay (saga outlined in above post).
I have not heard from "Toni" since early yesterday morning when she called and left two voicemails. Those calls came while I was at work so I was not able to take them and honestly I haven't even checked the voicemails. I see no point at this time since I assume that I missed my 5th "deadline" which was at 3PM EST.
If she calls back, I amy talk to her, I may not. I realize that the court systems procedure will not look good on me, but at least then I can be able to talk to a judge and present the facts of what has happened and hopefully by that time I can have a large down payment to pay the debt off rather than start out with payments only.
I think Toni is an idiot for not taking the payment option; I have no assets for them to seize and the only thing to come out of court (if court happened next week in a hypothetical situtation) would be wage garnishments, which will bethe same thing as PAYMENTS! Ugh!

[ltr]

Wow bluedahlia, what a nightmare! You got some really good advice on here and I learned a lot from it. I sure hope everything works out for you.

[debtcollector`]

Originally Posted by thebluedahlia

If she calls back, I amy talk to her, I may not.

Ignoring the situation is not what any of us advised you to do.

Originally Posted by thebluedahlia

I realize that the court systems procedure will not look good on me, but at least then I can be able to talk to a judge and present the facts of what has happened and hopefully by that time I can have a large down payment to pay the debt off rather than start out with payments only.

You aren't going to be able to talk to anybody. You have no defense and they will get a summary judgment.

Frankly, if that is your attitude, you are in for a wake up. Ignoring the situation is the wrong thing to do and you will pay dearly for it if they actually do sue.

DC

[thebluedahlia]

DC-
Definately NOT, I repeat-NOT, ignoring the situation! Are you even the same person who posted under the name DC above? Because your demeanor has flipped. I appreciated your experienced info filled post above and then you came with a counter attack claiming that I am going to ignore the situation. I know that no one advised me to do that and I have no intentions of doing so. All I meant was that as long as she is going to make empty threats neither of us is getting anywhere.

BTW, after I missed my "deadline" again today, Toni did make another phone call (while I was working at job #2) and left me the same voicemail as before, only this time she only said that she was contacting me about a "file" (not "a file against you in my office from the State of Tennessee") and to contact her at my earliest convenience. This was at 7:40PM.

And I only said that I may or may not talk to her b/c I was given the advise not to talk to them but rather correspond via certified mail. That is all. I aplogize for giving you the wrong impression.
Thanks

[thebluedahlia]

Originally Posted by ltr

Wow bluedahlia, what a nightmare! You got some really good advice on here and I learned a lot from it. I sure hope everything works out for you.

Yes, it has been a nightmare but I know that it could be worse so I am trying to not get too upset. And yes, I feel that I have gotten great advise on here and I am greatful for it. I am glad that you were able to gain knowledge as well.

Thanks for the message!