Consumer complaint received 2018-12-23
Company: National Enterprise Systems, Inc.
State: OH
Product: Debt collection
Sub-product: Federal student loan debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was already discharged in bankruptcy and is no longer owed

Complaint:
XX/XX/XXXX SENT VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED NATIONAL ENTERPRISE SYSTEMS XXXX XXXX XXXX XXXX XXXX XXXX, OH XXXX Re : Current Creditor : XXXX XXXX XXXX Debt Description : XXXX XXXX Account Number : XXXX Account Number : NES Account Number : Balance : {$6100.00} To Whom It May Concern : I have been contacted by your organization by letter ( dated XX/XX/XXXX ) received on or about XX/XX/XXXX, attempting to collect on the above referenced debt. 

As discussed on my phone call to your office on XX/XX/XXXX, I filed for bankruptcy under Chapter XXXX of the United States Bankruptcy Code, on XX/XX/XXXX. The account referenced in your letter and as outlined above was discharged under bankruptcy, case number XXXX, in the U.S. Bankruptcy Court for the XXXX  District of Ohio on XX/XX/XXXX. 

I have enclosed a copy of the Order of Discharge ( Official Form XXXX ) XXXX, for your reference and a copy of page 8 of the Schedule E/F : Creditors Who Have Unsecured Claims ( Official Form XXXX ) showing the above referenced debt listed on the debt schedule. 

I believe the current creditors attempt as well as your own attempt to collect and/or induce payment on this otherwise discharged debt is in violation of the Courts Order and the Bankruptcy Code. Discharge Orders extinguished all education-related debt that was not excepted from discharge by 11 U.S.C. 523 ( a ) ( 8 ). 

As you and the current creditor are aware of this discharge and know, any attempt to collect on a discharged debt is in violation of both the Fair Debt Collection Practices Act ( FDCPA ) and the Bankruptcy Protection Law. Although a debt collectors knowledge or intent is irrelevant, by sending this collection notice to collect on an uncollectible debt, I believe you and the current creditor listed in your letter also mis-stated the character and legal status of the discharged debt, and violated the FDCPA, specifically 15 U.S.C. 1692e ( 2 ).

I demand your organization as well as the current creditor referenced in your letter cease all collection efforts of the alleged debt and immediately stop and remove the reporting of this account as delinquent to the major credit bureaus. 

Any attempt to report this account as delinquent to the major credit bureaus is an attempt to compel payment - also a violation. 

I will be documenting all illegal actions and violations by contacting and filing complaints beginning with, but not limited to, the organization ( s ) listed below.

Furthermore, you are hereby notified that at no point in time and under no circumstances is your organization ; an employee of your organization ; a representative for your organization or affiliates ( which includes the current creditor you identified in your letter ) to contact me or any member of my family by any means other than in writing via the US mail system. 

I also hereby reserve my right to take any legal action including private civil action against you and or the current creditor to recover damages. 

Respectfully, Enclosure ( s ) : Order of Discharge ( Official Form XXXX ) XXXX, Page 8 of Schedule E/F : Creditors Who Have Unsecured Claims ( Official Form XXXX ), cc : OHIO ATTORNEY GENERAL CONSUMER COMPLAINT DEPARTMENT XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, OH XXXX CONSUMER FINANCIAL PROTECTION BUREAU XXXX XXXX XXXX XXXX, IA XXXX BUREAU OF CONSUMER PROTECTION FEDERAL TRADE COMMISSION XXXX XXXX   XXXX, XXXX WASHINGTON, DC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, OH XXXX XXXX XXXX , XXXX . 
XXXX XXXX XXXX XXXX XXXX, VA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, VA, XXXX XXXX ATTN : BANKRUPTCY XXXX XXXX XXXX XXXX, PA XXXX XXXX XXXX XXXX XXXX XXXX XXXX, DE XXXX XXXX U.S. DEPARTMENT OF EDUCATION LOAN SERVICING XXXX. XXXX  XXXX XXXX, PA XXXX

Company response to consumer: Closed with explanation