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NES Collection Agency, summons, questions!!!





Sub: NES Collection Agency, summons, questions!!!
Tue, 29/05/2012 09:09

I am new here and I am very overwhelmed right now. The short story is that I contacted National Enterprise Systems (I called Bank of America first - the account had been sold to NES 3 days prior). I wanted to start paying on the B.O.A account so I called - of course it was pay up right now or lawsuit. Well, I couldn't do that, but I wanted to make payments. Now it is a week later and I've been talking every day to NES, and I can't come up with their settlement offer. (Original debt was $7200, up to $9300 with fees and charges before they sold it - NES was offering $5000 settlement). Tonight they told me that they would have to send it back to Bank of America tomorrow AND the D.A. office. I said, "does that mean I will get a summons in the mail" and he said yes, that THEY (already)got the summons along with the account (that they've only had for 10 days) and that I have a court date for 2 weeks from now.

Now, I know they use all sorts of scary tactics to get their money, but this all seems a bit fast. I only got their first written "bill" or statement 3 days ago. Don't I have 30 days to send a debt validation letter? (I'm not because I know I owe the debt, and I contacted B.O.A. and that's how I got NES phone number to call in the first place) How can they sue me before that?

Then, doesn't a summons come to me, and I have 20 or 30 days to file an answer??? How can they have a summons with a court date for two weeks when I've received nothing like that in the mail?

I want to pay this debt, but I can only make payments. In the bill I got from them a few days ago, there is a stub that I can send back with payment - should I go ahead and do that even though they said they wouldn't take partial payments? If they get a judgement, will I be able to make payments?

We have a house we are not living in, but trying to sell that we took out a second mortgage on back in April (to try and get our current house live-able). Well, I filed paperwork today on that mortgage to make sure that person got paid back in the event someone tried to take that house from us, but after the two mortgages are paid, there will probably only be a thousand dollars or so left from equity.

The house we are living in has a $60,000 mortgage that we owe $60,000 on. The house isn't even finished - my husband is a carpenter and we are trying to finish it over the next few years, so anyway, there is no equity in this house. When it is done, it'll probably have $15,000 or so, but not as it is right now. It doesn't even have a kitchen at all, or a bathroom sink! We don't ever plan on selling it - can they just wait until we have enough equity built up in it to take it from that? There isn't any way they can seize it is there?

So, also I am wondering what they can do to me besides garnish wages? I make $100 a week helping at a local preschool, and my husband is self employed (meaning who knows when or how much money we get...). Our trucks are 13 years old, and we still owe about $3000 each on them.

All I want to do is start paying this debt, that is why I called them, and it seems as though they want to punish me for calling and trying to do the right thing. Why would they go to court to just get payments (which NES told me the judge would not do - ???) if that is what I am offering now? I'm sorry to ramble on, but I feel like these people are draining the life out of me and I don't know what to do, especailly with this summons and "court date" in two weeks?!? Thanks for reading - I live in AR.



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Sub: #1 Going to courtTue, 05/29/2012 - 09:09



First it depends on the amount if a DA gets involved. But here's the most important part. Make certain you note all calls and times. What some companies are now doing is setting a court date set and not letting the debtor know what date or time it is. If the court date is missed, they can request a warrant for your arrest. (Which is what they really want) If taken to court via arrest it "could" be thrown out. However, here's the catch. If arrested for missing a court date, the bail can be set at the amount you owe and also set so that the bail has to be paid in full. The bail will be the same amount as your debt! Isn't that amazing? Several companies are now doing this. The only way to get out of jail would be to pay the "bail." In full. Until you get a "resolution in writing," I would check with your court often to see if you have a court date set with this company to make certain they don't drag their feet by not letting you know soon enough so you can be arrested and have to pay "bail/debt"...your summons would probably arrive "after" the court date...so be careful with these people.


Unregistered

Sub: #2 Mary CroftTue, 04/12/2011 - 10:04



I have read "How I clobbered..." but want to know if anyone has tried her 'paying a check from the private side' , or is it possible to just ask the bank for proof of the loan and complain :pabout non-disclosure


Unregistered

Sub: #3 I just talked with someone in NES Compliance Dept and told him IThu, 03/03/2011 - 10:09



I just talked with someone in NES Compliance Dept and told him I did not consent to having my calls recorded. His reply was that if I did NOT consent to calls being recorded, then NES was NOT authorized to talk with me. So I confirmed that and ended the call. They admitted they were NOT authorized to talk with me, end of story!
It's great to put them on the defensive.


Unregistered

Sub: #4 Did some googling and found that NES was sued and settled out ofThu, 03/03/2011 - 10:03



Did some googling and found that NES was sued and settled out of court for unfair practices by the OH AG. They paid out $200k to those who filed complaints about NES. Get going now and file your complaint and have the AG in your state sue NES too. :)

Neo


Unregistered

Sub: #5 Just doing their jobThu, 03/03/2011 - 09:55



You must work for NES. Did you know, that is the same excuse the guards in the Nazi Concentration Camps used? "We were just doing our jobs?" Would you do your job if you knew some of what you do is illegal? Do you care? Are they paid commissions on how many loans they close?

Do you know that ALL loans, unless they have two signatures on them, are NOT valid, bilateral contracts? But really, I doubt you care you are breaking the law cuz you are "just doing your job."


Unregistered

Sub: #6 RemediesThu, 03/03/2011 - 09:50



You have a LOT of recourses if you know your rights.

Tell them you are happy to pay if they can provide you with 3 pieces of info.

1- Validation of the debt; actual accounting of where the money they loaned you came from. (you will find that the money was created out of thin air from your signature).
2- Verification of their claim against you (a sworn affidavit or even just a signed invoice)
3- A copy of the contract binding both parties. (doesn't exist).

The banks like to refer to a "contract" you signed with them. The doc they have is NOT a valid bilateral agreement since the four requirements of a lawful, binding contract were net met on their application form.
1 Full Disclosure (we aren't told they are creating the money from our signature)
2 Equal Consideration (they brought nothing to the table)
3 Lawful Terms and Conditions (they are based upon fraud)
4 Signatures of the Parties (corps' can't sign since they are legal fictions).

You can get the full story of what is really going on with the debt game by going to http://spiritualeconomicsnow.ne t/ and download the free book by Mary Croft. Its a mind bender on what is really happening and you may come to realize we really ARE living in the Matrix.
Either way, you will find excellent remedies to have all your debts dismissed because they never really existed.

Good luck and stay empowered. I got a call from NES this morning and told them I did NOT consent to the call being recorded. They could not do that so I ended the call.

-Neo


Unregistered

Sub: #7 college loan...NES harassmentFri, 02/11/2011 - 11:59



I recently received that 30 day notice to settle or dispute a 37.000 loan from a place called Windham preffessionals. Well last month I had NES calling me for this same debt. I don't even know if this debt is real...The guarantor is Salle Mae and I thought originally that my loan was for 8,000. At least that is the amount Salle Mae kept sending me until it went into collections with NES. I offered to make small payments and they said they will take no less than 500.00 payments at a time and I told them that wasnt going to happen. They started off with the harassing calls saying they will sue etc. But my phone has since been disconnected I never got 30 day letter about this debt until now from this windham place Jan. 25th Can someone tell me what is going to happen next and how I should handle this? Can they take money from taxes or garnish wages? How long does this process take and how can I get proof of what I owe into college loans I dont want to pay more than what I owe just because this is what they say I owe.


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Sub: #8 Quote:Originally Posted by AnonymousHi,I am also very frustratedMon, 11/01/2010 - 12:32



Quote:
Originally Posted by Anonymous
Hi,I am also very frustrated by NES. They threatened to sue me as well if I didn't come up with 3 or 4 thousand dollars to pay on a school loan. I explained to them that I was waiting on a settlement from an injury I sustained and that I could pay $$100 a month. They asked me if my son could help(they mentioned him by name). I dont know how they got his name. He did not co-sign for this loan. I wish there would be a class action lawsuit taken against them for threatening people.



Sorry, but NES is just doing the job they were hired to do. When you default on a loan, your balance becomes due in full, per the default clause in your prom note. They are required by their client to demand and push for balance in full immediately. If it is a private loan, the client will sue upon recommendation. You might not like it but they are just doing their job.

How to Deal with Illegal Loans..OhioGal's Primer
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.

SOL for all states
http://www.debtconsolidationcare.com...imitation.html


Sub: #9 Too Tired they get all your info from the internet or they have Mon, 11/01/2010 - 11:51



Too Tired they get all your info from the internet or they have a file on hand that has alll your information. If you do any searches on the internet they can find out who your spouse is and how many kids you have also can find relatives who are related to you. You should go on the people search sites and write to them asking them to delelte your information. also you should tell all the places you do business with not to release your information to third parties


Unregistered

Sub: #10 NES threatsMon, 11/01/2010 - 11:37



Hi,I am also very frustrated by NES. They threatened to sue me as well if I didn't come up with 3 or 4 thousand dollars to pay on a school loan. I explained to them that I was waiting on a settlement from an injury I sustained and that I could pay $$100 a month. They asked me if my son could help(they mentioned him by name). I dont know how they got his name. He did not co-sign for this loan. I wish there would be a class action lawsuit taken against them for threatening people.


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