• Report: #212175

Complaint Review: National Action Financial Services(NAFS)

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  • Submitted: Thu, September 21, 2006
  • Updated: Tue, May 22, 2007

  • Reported By:Mesa Arizona
National Action Financial Services(NAFS)
165 Lawrence Bell Drive Williamsville, New York U.S.A.

National Action Financial Services,(NAFS) ripoff,very rude employees profane language,and put my name on a checks list Williamsville New York

*Consumer Suggestion: SOME ADVICE ....

*Consumer Suggestion: Julia - I would not accept the "offer" by Nathan to "call him" and work out a ""deal"

*Consumer Comment: parasites

*UPDATE Employee: i may be able to assist you

*UPDATE Employee: checks systems

*Consumer Comment: I had almost the same thing happen to me

*UPDATE EX-employee responds: Check Systems...

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it all started with me opening up a checking account with chase bank a little over a year ago.around 4 or 5 months ago i was in the hospital for several weeks not once but twice. second time it was almost 2 weeks.well while in there my account went in the negative. well i was in real hard times. i am on a welfare to work program and have a VERY LIMITED income untill i find employment.

well chase has sold my debt to this Nation Action Financial Services.while i have been working with chase to pay off this debt. my debt is only 163.00 it was a little over a 100.00 but them dam overdraft fees.

the first phone call i received from NAFS the not so gentleman to;d me i need to pay all of it right now. i told this man that i was on a VERY LIMITed income and that i was already working with chase to pay it off. i said that i could do 20.00 a month rght now then when i start working i could pay off the rest.

well that wasn't good enough. he then asked me for anymore banking info. to get this paid. i had told him that chase was the only bank i had. he told me to have a family member write me a post dated check. i said no wouldnt do that that i would go get a money order. then he says i can't mail in my payment that i to do it over the phone.(don't think so)i said no.he said that i was scared to pay my debts,then started yelling at me so loud that i couldn't understand anything he said then he hung up.

these people would call and hang up when i answered the phone. that continued for about a month.when i would ask them thier name they would hang up on me or start yelling then hang up(my god are we still in high school:).

i have asked them almost every time they have called me( and i have called them too)to furnish me with a written validation of my debt. they have yet to do so yet they have put my name on the checks system. they keep telling me that they have sent out 2 already and what good is it going to do your name is already on this list.

the conversation i had with this very rude idiot yesterday, he told me "your blowing smoke up my ass" when i told him that i was talking with chase personally and that they are in the process of investigating my debt. and are willing to accept what ever payment i can do until my debt is paid. he proceeded to tell me i was a liar and again that i was blowing smoke up his ass.

so i have had enough i know i owe chase money and have no problem with paying that debt.but i am not going to pay a agencey i have never heard of,no nothing about,the employees are rude,and very unprofessional.

its scarey to know that these kind of people have access to our personal information and be able to affect our credit in ill faith. no one should be treated like the way they treat people.and no one has the right to judge another on any basis unless he's the good lord himself.

this agencey realy need to look at the quality of there employees. your going to get more paople who won't pay there debt because of the way these people handle there clients.(i know some people won't pay any way)..oh yeah another thing i learned about this NAFS that do go on commission.i am deffently not going to pay this place a dime.. i will pay chase but not threw this agency..

to conclude this.. i did put in a complant to the federal trade commision and the new york BBB and in the process of putting one in the ny attorney general..i have also written a cease and disist letter to stop the phone calls...

hopefuly something will work i personaly think that these people should get repramanded for there actions,and the fair credit rights should be more enforced..if anyone has any input please let me know
thanx

Julia
Mesa, Arizona
U.S.A.

This report was posted on Ripoff Report on 09/21/2006 09:31 PM and is a permanent record located here: http://www.ripoffreport.com/r/National-Action-Financial-ServicesNAFS/Williamsville-New-York-14221/National-Action-Financial-ServicesNAFS-ripoffvery-rude-employees-profane-languageand-212175. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 7Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

SOME ADVICE ....

AUTHOR: P - (U.S.A.)


This is why you NEVER talk to a collection agency ... there are several open issues here. The verbal abuse, misinformation, etc all add up to some money for you because they violated your rights. If you had already established an agreement with the OC then it is unclear how the collection agency is involved unless the debt has been "assigned" and not "purchased".

I couldn't ascertain whether you actually validated the debt to the collection agency/OC or not. If you did, then you have little you can do. If you have not validated the debt to the collection agency/OC then this is the time to do it ......

Be that as it may, send them a letter (I will post a sample letter) certified return receipt requested. DO NOT SIGN THE LETTER OR YOUR SIGNATURE WILL BE DOCUMENTS YOU NEVER SIGNED .... put the certification number on the letter itself as proof as to what was sent ...


Danny - Buffalo, New York
Julia...you bill wasn't sold. NAFS is paid to collect for bankone/chase. It doesn't matter if you chose to pay chase instead of NAFS- the collector will still get the commission.

Nothing will happen....you're already on check systems. Call and pay the bill and get rid of the measly $160.
>> It was certainly does matter who she pays .... she really doesn't know WHO has the legal authority to collect on the bill and she needs this in writing since she has been hit upon by the OC and a collection agency. The proper party needs to be paid. If the OC sold the debt, it is illegal for them to collect on the debt because they have already written it off.
Assigned or purchased debt (How do you know Bob is the right guy to pay?)

Why should you care if a debt is purchased or assigned? In an assignment, the collection agency does not own the debt, and therefore you do not technically owe them any money. There is no way for a collection agency to prove that you owe them money because there is only an assignment of the debt and not a contract between you and the creditor. One loophole: Some contracts have the wording "debtor agrees to be responsible for payment of this debt to creditor OR ITS ASSIGNS." This IS a contract between you and the debt collector as well as the creditor and if they can provide you with a copy of a contract that states this (with your signature!), you are pretty much stuck and need to negotiate.



Here is a sample letter to dispute the debt or to ask to validate the debt ...

Date



Your Name
Mailing Address
City, State, Zip


Name of Collection Agency
Mailing Address
City, State, Zip

CERTIFICATION NUMBER

Re: Dispute of Collection Action: Case # ________

[If the collection agency has sent written notice, your case number is likely in the letter. If you have not received a written notice from the collection agency, tailor this line accordingly. For example, show the date you were contacted by the collection agency and/or identify the creditor by name if you can.]



To [person whose name appears on agency's notice to you]:



On [date] I was contacted by [name of person who called you] of your agency, who informed me that [name of collection agency] is attempting to collect [amount of claimed debt]. This individual is collecting on behalf of [name of creditor]. [OR] This individual would not tell me for whom you are supposed to be collecting.

Please provide me with the following:

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



[OR]



On [date] I received a written notice of the claimed debt, a copy of which is attached.

This is to inform you that I dispute the debt because [insert reason for dispute, e.g. the agency has confused you with someone else or the debt was paid. Include copies, not originals, of any correspondence that proves your point]. I am hereby requesting that you confirm the fact that I owe this debt as required by any applicable state and federal laws. Please contact the creditor to obtain verification.



Please provide me with the following:

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



In addition, under the provisions of state and federal Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and related consumer statutes, I am hereby instructing you that you are to cease collection of the debt while efforts are made to obtain verification. Until you resolve this error with the creditor, you should neither contact me nor anyone else except the creditor about this collection.



Furthermore, any reporting of this matter to a credit reporting agency is premature. Until you have investigated my dispute, you should not relay negative information to a credit reporting agency. If negative information has already been reported, you will need to notify the agency to remove said report until the investigative process is over so that my credit report remains accurate, or at the very least, my credit report should be updated to reflect my dispute.



I am instructing you not to contact any third parties such as my employer, neighbors, friends or family members. In addition, you may not contact me by phone at work or at my home about this collection activity. All future correspondence should be sent to me in writing.


Sincerely,

PRINT OR TYPE YOUE NAME DO NOT SIGN
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#2 Consumer Suggestion

Julia - I would not accept the "offer" by Nathan to "call him" and work out a ""deal"

AUTHOR: P - (U.S.A.)

It looks like he is trying to boost his collections rate by phishing these boards in hopes of getting someone gullible enough to call him.

I could be wrong, but I don't think so. There have been too many "collectors" pulling this same scam/stunt on these boards. You need to listen to "J" in Lakewood, Ohio, Steve- Florida, and Don in Ill ....

NEVER NEVER NEVER CALL A COLLECTION AGENCY ..... always do everthing in writing, certified return receipt requested and do not sign the letter ... simply print your name ....
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#3 Consumer Comment

parasites

AUTHOR: Michael - (U.S.A.)

Go to budhibbs.com

He is a consumer advocate who HATES debt collection agencies who break the law and holds them accountable.

His site has advice on how to deal with these parasites.

Don't roll over and take it. Fight back!
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#4 UPDATE Employee

i may be able to assist you

AUTHOR: Nathan - (U.S.A.)

I am an employee of NAFS and have been for almost 2 years now. I would like to first take a moment to explain that we are a debt collection agency. We are not out there to embarrass innocent people. Our goal is to help keep interest rates down by collecting on unpaid debts. We work in a large office with almost 1000 people working there. It is expected that when you have 1000 people doing the same job a few of them are going to be bad seeds. However there is a lot you should all know...
1. We can not offer a debt management company or an attune any settlement that we cant offer you directly. We are allowed to offer a settlement based on a client aggregate regardless of who is asking for it so save your money. No need to pay a settlement company 15% of your total debts up front and a 150$ monthly fee so they can take $4,ooo of your plus over $1,000 to settle a $20,000 acct for $11,000 costing you over $16,000... we could have just given you the same deal for the $11,000. They are the real thieves preying on people who just are afraid to pick up the phone
2. We don't call people who can't pay. The only people who get calls more than once a week are people who judging from their credit reports can pay. Otherwise we wouldn't waste our time.
3.if you call us and inform us of your personal hardships we will do everything in our power to put something together that works for you... if it doesn't work for you it doesn't work for anyone.
4. I am always willing to help with anyone who is having a hard time. I am a single father who has just as much a hard time as anyone else so I can always help anyone who is willing to help themselves. If you are not happy with the treatment you are receiving than ask for extension 2501 and ask for Mr. Binder and I will gladly see to it that any rude collector so reprimanded and that you are treated with the fairness you deserve.
-Mr. Binder x2501
Ps. any of you who work in an office of more than 10 people know that there are always going to be bad eggs in every company, tell me about my bad eggs and I will help you with your debt.
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#5 UPDATE Employee

checks systems

AUTHOR: Bob - (U.S.A.)

Just to clarify for you.Chase put you on checks systems not NAFS.
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#6 Consumer Comment

I had almost the same thing happen to me

AUTHOR: Karen - (U.S.A.)

I had almost the same thing happen to me and she told me she was calling child protective services on me. She was very rude and I reported this to the BBB and the Attorney Generals office and NAFS's response was that I threated the life of the lady I spoke to which was a lie and they said she was scared for her life because I only live 120miles away from where they live. They also said I talked to someone that I did not talk to at all. This company gets away with way to much crap and treat all the people they talk to like idiots.
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#7 UPDATE EX-employee responds

Check Systems...

AUTHOR: Danny - (U.S.A.)

Julia...you bill wasn't sold. NAFS is paid to collect for bankone/chase. It doesn't matter if you chose to pay chase instead of NAFS- the collector will still get the commission.

Nothing will happen....you're already on check systems. Call and pay the bill and get rid of the measly $160.
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