Report: NATIONAL FINANCIAL SYSTEMS
Category: Collection Agency's
NATIONAL FINANCIAL SYSTEMS - NFSI RIPOFF HARRASSED STRESSED IGNORED REFUSED HUNG UP CONTINUED TO CONTACT AFTER SENT CERTIFIED LETTER CEASING FURTHER COMMUNCATION WITH THEM Hicksville New York
*Consumer Suggestion ..NFS, has already been sued once by the F.T.C .
NATIONAL FINANCIAL SYSTEMS
Fax: 516-932-8828
Hicksville, New York, 11801-1040
U.S.A.
Submitted: 1/5/2007 5:35:26 PM
Modified: 1/14/2007 1:44:15 PM
T
Glendale, ArizonaAs of Dec 16, 2006 a certified return receipt letter was sent to NFSI ceasing further communication with them. Which has been received,signed, and dated by them as of 12/21/2006.
However, they are still continuosly calling my home daily. As of January 5, 2007 I decided to answer their call to confirm receipt of my dispute letter and their represenative Sara Sterling (Black) stated that she had recieved nothing. Told her I had my return receipt and that a check was submitted to them for payment. She stated to me that they do not accept checks only check by phone-not sure exactly what that is but cannot ever get any other alternatives to thier payment methods because she keeps hanging up on me. My attempts to resolve this directly with them has been difficult, especially when you keep getting hung up on. I thought that dealing directly with this entity would be fast and simple, boy am I ever wrong. I am still seeking an effective approach to resolve this matter, so if anyone has any ideas please post them.
Also, according to the Fair Debt Collection Practices Act (FDCPA)after I sent my letter ceasing further communication with them the entity would only be able to contact me once more to say there will be no further contact or to notify me that the debt collector or the creditor intends to take some specific action. (Which was another reason I took their call on January 5th). But not to my surprise only received the harrassment all over again, along with the hang ups--again still seeking an effective approach on how to resolve this issue.
Furthermore, I requested in my initial correspondence that they provide proof that they are licensed/registered to collect debts in the State of Arizona to date I have yet to receive that.
I strongly suggest that if you are being harrassed by this entity that you file complaints with the Federal Trade Commission-Consumer Response Center 600 Pennsylvania Ave. NW Washington DC 20580 and to your states Consumer Affairs Agency, in my case it was AZ Department of Financial Institutions-Consumer Affairs 2910 N 44th St, Suite 310 Phoenix, AZ 85018, be sure to send a letter to this Entity as well as to the entity you originally owed the money and remember to keep a copy for yourself, and also remember to send the letter cerfified mail so you can make sure each agency recieves it.
As I am still trying to resolve this matter directly with them I only ask that you pray that I receive peace from this entity and that they cash my check!!!!
T
Glendale, Arizona
U.S.A.
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Updates & Rebuttals:
- Check by phone Don [1/6/2007 7:45:59 AM]
- T, the FTC will do nothing for you Steve [Not A Lawyer] [1/6/2007 8:49:09 AM]
- To add to Steve's David [1/6/2007 3:01:50 PM]
- CURIOUS P [1/6/2007 3:55:56 PM]
- P - Red Oak, That's a good question. Steve [Not A Lawyer] [1/7/2007 9:20:42 AM]
- HMMM - INTERESTING - BAD INVESTMENT VS DEBT P [1/7/2007 1:15:15 PM]
- Other DBA's N.F.S. or NFS T [1/12/2007 9:45:44 PM]
- 'T', FORGET the BBB, They are USELESS!! Steve [Not A Lawyer] [1/13/2007 8:44:28 AM]
- NFS, has already been sued once by the F.T.C . J [1/14/2007 1:07:32 PM]
Check by phone
Just to answer what a check by phone is. A check by phone is an electronic payment through a checking (some savings accounts) acccount. A collector asks for the bank routing number and account number, and the day you want the money to be taken from the account. They may require a check number to process this as well. On the day you requested, the collection agencies bank electronically goes to your bank and removes the amount.
Submitted: 1/6/2007 8:49:09 AM
Modified: 1/6/2007 12:13:07 PM
Steve [Not A Lawyer]
Bradenton, FloridaU.S.A.
T, the FTC will do nothing for you
T,
The FTC does not do any individual enforcement. You will recieve only a generic autoresponse from them. Your complaint will be entered into a database for statistical purposes and possible future class action against them.
When sending anything like this certified/RRR it is VERY important to put the certified# on the letter itself and then make a copy for your records. This proves exactly what you sent.
Stay off the phone. NEVER speak to any debt collector on the phone. Always force them to do it in writing.
The ONLY way to enforce your rights under the FDCPA is to sue.
NEVER give any collection agency your banking info as they will usually drain your account. Do Not even send them a check, they can do the same thing. Only use bank checks or money orders if you ever decide to pay a collection agency
Now, as far as paying the original creditor, this is not a choice. Legally, if the original creditor sold the debt, they can not accept a payment. And if the debt was assigned, they would be breaking the contract with the collection agency which would leave them open to being sued.
If you can prove what you sent them, you can file a suit and then subpoena their phone records to prove how many times they called you.
A lawsuit is the only thing these crackheads understand.
To add to Steve's
If you are going to pay,first send a payment to the place of the original debt. Put the account # and all info you can think of. Then if they take it they have broke thier contract with the debt collecter. It works sometimes. A debt collecter will cry if you can tell them that, so and so took a payment from me last week, because now he has to go back to them to get his money.
CURIOUS
We have seen several instances where the consumer asks the collection agency to provide proof that the debt has been sold (or asigned) to them by the original creditor and that it is illegal for the original creditor to collect on the debt.
When/if the debtor is provided this document what exactly does it say? Or is it a dcoument at all or just a one liner? Since we know we can't trust collectors (Don, etc no offense you are the exception) what are we actually looking for to validate the collection agency's validation? Does it say Collection Company A has purchased the bad debt portfolio from Original Creditor? Does the original creditor ever advise the debtor they have sold the account and to who>
Now to muddy the water more... What validation proof is necessary when you are in the tertiary collection process. Collection Company A has sold/assigned it to Collection Company B who has sold/assigned it to Collection Company C - all from the original creditor. I remember reading in one of the sites that bad debt accounts are sold many many times when the collection company KNOWS they cannot collect and one of the first lines of defense is ... WHO DO I REALLY OWE AT THIS POINT ...
Submitted: 1/7/2007 9:20:42 AM
Modified: 1/7/2007 11:25:47 AMSteve [Not A Lawyer]
Bradenton, FloridaU.S.A.
P - Red Oak, That's a good question.
P,
At this point the 'debt' can usually not be validated, and usually uncollectable.
When it is sold several times, the way you beat it is demand a verification of the chain of title. this is where you can challenge every buyer back to the original creditor. they hate this. it is time consuming and expensive.
Furthermore, the defense I have used, and won with in fighting junk debt buyers is the fact that it is no longer a 'debt', but rather a BAD INVESTMENT.
The basis for this is that junk debt buyers are not creditors. They do not extend credit. Therefore they have 'lost' nothing to the debtor.
They simply made an investment that did not pay off. They are INVESTORS. Nothing more.
This is the defense I used with the last JDB that filed suit on me. they could not prove that they were entitled to be paid.
The original creditor is out of the picture except for determining SOL once a debt has been charged off AND sold, and tax deduction taken for the loss. At this point it is no longer a debt. It is an investment.
HMMM - INTERESTING - BAD INVESTMENT VS DEBT
On another site meant for the collectors, they were whining about just what you said. Laws are changing and they are tired of being sued by consumers because they (the collectors) in reality have no rights to the claim and with consumers wising up their profits are being significantly reduced and costs to collect are seeing a drastic increase ....
Other DBA's N.F.S. or NFS
Attached is more general information on this company:
George W Kennedy, VP, 6 Cedarfield Terrace, St James, NY 11780
Robert Hernandez, President, 801 Harbour Isles Court, North Palm Beach, FL 33410--if you decide to direct correspondence to either of these individuals I would recommend you direct them to the 600 W. John Street address listed above.
This entity is domiciled in New York and you should also register a complaint with the BBB of New York at www.newyork.bbb.org or BBB of Metro NY 399 Conklin Street, New York, NY 11735, 212-533-6200
Other phone numbers for NFSI 516-932-1400, 800-765-2733, 516-932-1400, 718-895-2741, 800-895-2741, 800-568-2733, 800-806-5947, 561-656-5730 and fax number: 516-932-8828
There have been complaints that this entity makes calls in an improper manner, attempts to collect money that is not owed, and Consumer report tht attempts to demonstrate prior settlement of requested balances were ignored by this entity. Which is exactly what they are still practicing today.
Based on the BBB files, this company has an Unsatisfactory record with them.
Submitted: 1/13/2007 8:44:28 AM
Modified: 1/13/2007 11:09:01 AMSteve [Not A Lawyer]
Bradenton, FloridaU.S.A.
'T', FORGET the BBB, They are USELESS!!
T,
Forget the BBB! They are totally useless as they have absolutely no authority to do anything. Most collection agencies just laugh at them when they call. The BBB is a for profit business, They are not a government agency of any kind.
The best way to beat a CA is to file a lawsuit on the company and the collector and supervisor individually.
Then if you want to file complaints, file them with entities that have some legal power to do something, like the FTC, AG's office, etc.
NFS, has already been sued once by the F.T.C .
NATIONAL FINACIAL SERVICES, if this is the same company, that at the time, was owned by Robert J. Smith.(does he own any other collection companies)
Had a 500,000.00 penalty for using illegal collection pactices.
It appears there up to the old tricks again.
civil action no.L-91-226
FTC FILE No. X910020
Jan. 1993 order:820 F.Supp224 D.Md.1993)
I don't know if this is the same NSF, seeing how these companies changes names all the time. and locations, but I would bet YES.
The penalty was assessed by Catherine C. Blake U.S. Magistrate U.S.District court for the div. of Maryland in Baltimore on July 20, 1995
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