- Report: #149029
Report - Rebuttal - Arbitrate
Complaint Review: FCNB - FIRST CONSUMERS NATIONAL BANK - Penncro & Associates
FCNB - FIRST CONSUMERS NATIONAL BANK - Penncro & AssociatesP.O. Box 9204 Old Bethpage, New York U.S.A.
FCNB - FIRST CONSUMERS NATIONAL BANK CARD PROCESSING CENTER, NEWPORT NEWS IS BILLING ILLEGALLY!! Collection agency Penncro & Associates Southampton Pennsylvania, Old Bethpage New York
VERY IMPORTANT, PLEASE READ!!!!
I too have been a victim of Card Processing Center's billing tactics.
Honestly, I feel all of your pain and I am fed up in dealing with these rude, unprofessional and uncaring people that represent Card Processing Center.
THE STORY IN A NUTSHELL:
I have been trying to get my issue resolved with them for over 2 years, due to a change of address sent to them in June/July 2003. Once I sent in the change of address, I did not receive a bill or statement until October of 2003, sent by Card Processing Center stating that my bill was 90 days past due with added late fees. I called & explained that I sent in a change of address in which was never updated by the company and requested that all late fees be removed and my account be brought current. The representatives kept transfering me from person to person, department to department, rudeness after rudeness. Finally I was given an address to dispute my bill:
Card Processing Center
P.O. Box 9204
Old Bethpage, NY 11804
I mailed in the dispute letter immediately by certified/return receipt mail (thank God I still have the slips). Not suprisingly, Card Processing Center did not respond. I then sent another letter in February explaining that was my 2nd dispute letter due to the non-response from the 1st letter and demanded that the address change be done retroactively and the late fees removed. Once again, NO RESPONSE from Card Processing Center (please read NOTE regarding responses)!
Then I received a letter from a 3rd party collection agency demanding payment. I spoke with a manager by the name of Karen Grittings and explained the situation. Knowing that my account was illegally sent to a 3rd party agency, Ms. Grittings sent the account back to Card Processing Center. Card Processing Center then sent my account to another 3rd party collection agency (Penncro & Associates 95 James Way, Suite 113, Southampton, PA 18966-3847 Phone: 866-779-9279). I spoke with a manager by the name of Gina Lopez and explained the situation, once again and faxed her all of my proof. She assured me that the problem would be corrected. Boy, was I wrong! Penncro & Associates sent me another collection bill. I then called again, but was told that Gina Lopez was no longer with the company and spoke with a manager by the name of Mr. West (ID #D27). I AGAIN explained the situation and after careful review and realizing that the account unlawfully placed in the hands of a 3rd party agency, Mr. West sent back the account to Card Processing Center.
Card Processing Center is still trying to collect $301.47 worth of late fees that shouldn't even exist!
(Please check your individual state's Attorney General's website for particular collection/billing laws in your state). Once you've reached your state's Attorney General's page, look for consumer billing rights.
VERY IMPORTANT (Massachusetts):
My attorney general's billing rights page states that you have 60 days to send the creditor a written notice with name, account #, your belief that the statement contains a billing error, the amount of the error, and the reasons you believe that the statement contains a billing error. While you do not have to pay the disputed amount on the bill, you do have to pay any undisputed amount on the bill.
The creditor has 30 days to send a written acknowledgement of your dispute and MAY NOT TAKE ACTION TO COLLECT THE DISPUTED AMOUNT OR CLOSE YOUR ACCOUNT IN THE MEANWHILE. The creditor has two complete billing cycles after the receipt of your written notice to investigate your dispute and send you a written response, either correcting the bill and crediting your account, or explaining to you why there is no error in the bill.
Funny, that the company never responded and sent my account off to a 3rd party collection agency!!!! It is evident that they broke the law.
Now there has been other phone calls and letters that I will not go forth with (I have a completed complaint page under the company Newport News done on 6/14/05 that you may read).
My main reason for writing this is because this company is getting away with hurting too many people. There are hundreds of complaints against this company and I do not understand why there isn't already a class action law suit filed.
THIS IS WHAT YOU ALL NEED TO DO IMMEDIATELY:
1. File a complaint with the attorney generals office. If you do not, and there are too few complaints, the attorney general will not take legal action. If there are enough complaints they will!! JUST DO IT AND DO IT NOW....PLEASE! Send in as much proof as you have, the more the better!
In addition, when you call to request a complaint form, if they don't mention it, ask them about their consumer complaint division (they work with the attorney general, but is a smaller branched division equipt to give you legal advise and your case individualized attention and will send dispute letters to Card Processing Center. This all takes time, so please be patient!
2. We all need to start looking into finding a good attorney, along with other attorney's that would be willing to take on a class action lawsuit. An attorney that specializes in collection laws.
I have spoken to a highly recommended attorney out of Salem, MA. He asked me to fax him over all of my paperwork, proving my case. I should be hearing back from him early next week. I am sure that between all of us, we can find great attorney's willing to take on a class action suit. There is enough proof, we just have to get it to the right places (remember, the attorney general!!)
3. If you have been unsuccessful in getting your billing issue resolved with Card Processing Center.....Trust me....that will never change. If they continue to call you, send them a CERTIFIED/RETURN RECEIPT letter stating that you want them to stop contacting you and if they continue to call you, well guess what?? Yes, they would be breaking the law and is just more ammunition for you to use against them in court. Keep logs of these calls.
4. Keep a folder and record of times and dates when you spoke to a representative from either Card Processing Center or one of their 3rd party collection agencies (Penncro & Associates is one of them). Whether they called you or you called them and to whom you spoke with (always get a name in the very beginning of the call and try to get an associate ID #), because they are likely to hang up once they realize that you are calling to complain or you are likely to get loud and hang up because they pissed you off to the point of flushing your phone down the toilet! If you call and ask to speak with a supervisor, you can forget that too, becauase these associates will tell you that there either isn't a supervisor on duty or they are all busy.
5. Keep a copy of all letters, as well! If you send them a letter, again, send by certified/return receipt mail and keep the receipts. Again, put everything in that same folder.
6. Try to record phone conversations with them if at all possible.
7. LEARN THE COLLECTION LAWS SPECIFIC TO YOUR STATE! THEY BREAK THE LAW ALL OF THE TIME, BECAUSE MOST OF US DO NOT KNOW COLLECTION LAWS AND THAT IS WHAT THEY HOPE FOR! I used to be a collector for 3+ years, just a few years ago and am educated enough to know when they break the law. Please take the extra time to learn to protect yourself.
LAST BUT NOT LEAST:
IF YOU ARE A VICTIM, PLEASE SEND ME A LETTER WITH YOUR NAME & E-MAIL ADDRESS WHERE MY ATTORNEY CAN REACH YOU! IF HE NEEDS MORE INFORMATION, I WILL SEND YOU AN E-MAIL TO CALL HIM. THE MORE THE BETTER TO BRING THIS OOMPANY DOWN ONCE AND FOR ALL!
Well, I hope that this information has been helpful to you all and I am sorry for what this company is doing to us. I can't even refinance my house with a good rate because of what they did to my credit report, so I am going to fight this with all that I have and make THEM pay!
This report was posted on Ripoff Report on 07/08/2005 05:42 PM and is a permanent record located here: http://www.ripoffreport.com/r/FCNB-FIRST-CONSUMERS-NATIONAL-BANK-Penncro-Associates/Old-Bethpage-New-York-11804/FCNB-FIRST-CONSUMERS-NATIONAL-BANK-CARD-PROCESSING-CENTER-NEWPORT-NEWS-IS-BILLING-ILLEG-149029. 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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