Back in January 2002, I had received my first credit card after my divorce and my LONG divorce. I was driven into financial ruins, my FICO was totally trashed, then I received this offer to attain a $300 dollar limit credit card to help rebuild my credit. I thought WOW, this is a great opportunity, yes the terms are expensive, but oh well, to rebuild its going to be expensive. So I received my card, I started using it paying the balance in full every month. Then April came along I needed 200.00 cash to offset some home expenses, so I called in and paid 100.00 over the phone, the service was nice, she took the routing ID and Account info read it back, word for word. All was just swell, she said that it would be posted to my account that very day. This is great, Im moving along well. Then 2 weeks later Im reconciling my bank statements, as always on the 2nd Saturday of every month, I notice the payment had not been deducted, so I call FCNB and inquired about the draft.
I was told my the service person, the check you issued had already been used,and the account had bee sent to collections. I said what!!! I called my bank "Wells Fargo" and asked if the amount and that check number had come across, they said yes, 4 months ago with FCNB. I explained the issue to my Bank rep and I myself who has 11 years in banking know,that if a check draft comes along with the same number it would most certainly be paid out unless there was a stop payment to the issue. I called FCNB back to dispute the late charge and the over limit fee, they would not help me, they stated I must call the collections company then I called the collections and they stated that I must take the situation up to them. So this whole ordeal just kept happening back and forth.
Finally, I called a Lawyer, he sent a letter from the offices of Mark Gould, they never responded, they never responded to the 2 letters I sent in regards to the issue, they kept the information on my credit report as well and under the Fair Debt and collections act the information MUST be moved if it is in dispute, already as you see there is a serios problem. So after months and months of an endless battle I paid the full balance owed through the agreed line of 300.00, and the balance in fees were not due, because they were falsely adding charges when they knew there was a serious issue, the account should have been placed on hold an audit adminstered and this would ahve been cleared
So I called FCNB and the collections company and requested the account be CLOSED did they do this noooooooo, they continue to keep the account open continueously charge late fees, which is a HUGE no no under the terms of the FDCA reg. So I am still getting these invoices for 800.00 in late fees, and harassing phone calls even after I have requested they stop calling my home. I am now in the process of filing a state class action suit through the AG's office of utah, and with the Department of Commerce and Trade i regards to the issue. I intend to see this removed my credit cleared up. It's interesting to see that I havent had any other problems with my other new creditors but this one, hmmmmmmmmmmmmmmmmmm....
Salt Lake City, Utah