I was contacted at 5pm on Wednesday, March 5th by an NES employee regarding an 'urgent business matter'. I returned the call because I was unsure who she was, what business she worked for and what the 'urgent business matter' entailed. When I called back, I was NOT told by her that she was a 'debt collector attempting to collect a debt and that any information obtained will be used for that purpose'. She told me that NES wanted to work out a settlement for a credit card to which I agreed to hear. She told me that the creditor would settle for a smaller amount if I paid all of it by 9pm that day. I informed her I couldn't come up with that money. I was then told that if I didn't pay this settlement, paperwork was going to be filed in court tomorrow morning (Thursday, March 6th) and I was being sued. She then attempted to set up a payment plan with me and I acquiesced because of the fear of being taken to court. She then asked me to hold so she could get a manager on the line to approve a payment plan.
As I was holding, I could hear her conversation with a manager as they discussed the pending lawsuit against me. He asked her if she had informed me about my pending case. She then replied that I was on the line and he could speak directly to me. At this point, it was a three-way telephone conversation with myself, the manager and the employee.
The manager then told me the following:
• I was being sued for the balance of my debt unless I came up with the money that night.
• My account was sold to a group of lawyers that were going to sue me for the money owed.
• That he refused to set up a payment plan with me.
• The paperwork was going to be filed in court tomorrow unless I paid and that he didn't want to get any angry phone calls from parents or lawyers because it was going to court tomorrow unless I paid tonight.
• I was sent a 60-day notice regarding this pending litigation and it wasn't his fault I chose to ignore it.
• That they could put a lien on my vehicle and take my vehicle or any other of my assets to collect this debt.
• That if I didn't pay and this went to court I would also be responsible to pay any attorney and court fees that the plaintiff incurred.
• That I was in legal trouble with the state of South Carolina.
The manager wouldn't listen to me nor would he answer my questions. He raised his voice, threatened me with a lawsuit, misrepresented my financial account, lied about the details of my account, attempted to intimidate me and actually shouted at me. Finally, he yelled at me 'You're in a lot of trouble and you better get a lawyer'. Then he hung the telephone up on me.
A few minutes later she called me back and said 'I was told to call you back'. I then attempted to ask her questions regarding the lawsuit they said was being filed, which she would not answer. I asked her to speak to someone regarding the way I was harassed on the telephone and she said I already talked to the manager and that was it. She refused to connect me with someone else. She informed me to figure out a way to obtain the money and call her back before 9:00pm.
Roughly around 5:45, my mother phoned NES. She then put the manager on the phone and he revealed the following confidential information about my account to a third party WITHOUT MY CONSENT:
• The current amount I owe.
• The creditor I owe the money to.
• The settlement I was offered.
• The number of payments I made over the past year.
• The fact that I purchased a car in the past year and they could take it away.
• That they wouldn't offer me a payment plan because of my negligence.
• That they have been calling me for the last 60 days trying to reach me.
The manager also informed my mother that paperwork for a lawsuit was going to court in the morning and that my account was sold to 'a group of lawyers'.
Later in the evening on Wednesday, March 5th, she called me again and told that she decided to 'work with me' and set up a payment plan. She said I had to 'call her directly' about the account. I asked her why all of a sudden did NES decide to work with me and she said because 'I felt you were sincere and that you really want to pay this debt off'. I again asked her to speak to someone regarding the harassment I endured and she again told me he was the manager. She would not connect me to anyone else. I told her I was in the car and I would call her when I got home to discuss the matter further.
I phoned her back when I arrived home and set up a payment plan for a settlement balance that was way out of my budget. She told me that unless I paid this amount, the paperwork was going to be filed in court in the morning. I asked her to send me a letter stating the settlement terms that was offered to me so I would have documentation. She refused saying she couldn't send me any paperwork until the last payment had been made.
After pondering what transpired, I called NES back to make a complaint. I was transferred to the Compliance Department where I spoke with another female employee. She was willing to listen to my issue and answer my questions. I asked her if she had access to my entire account and once she said she did, I asked her if the statements referenced above made by both the employee and the manager ere true:
She informed me that all of the above statements were FALSE. I'm not being sued, there is no paperwork going to court and if I was being sued, NES would not be the one contacting me to tell me. She also said she could send me a letter stating the settlement I discussed with the employee, after th employee said she couldn't. She also informed me that she would cancel the payment plan I set up with the employee and set up payments that were affordable to me. She told me she altered my account so that I would not be contacted by another representative of NES.
It is glaringly apparent that NES and its employees and managers are in violation of numerous sections of the Fair Debt Collection Practices Act. Not only is it unacceptable for NES to utilize the procedures I have mentioned, it is also illegal.in further researching NES, I have learned that they have had several complaints lodged against them and that they have an unsatisfactory rating with the Better Business Bureau. I can only assume that the manner in which I was treated is standard operating procedure.
I'm calling again tomorrow to cancel all payments with them and making sure I get written documentation. I hope all goes well!
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