Complaint Review: first national bank of marin

I have a separate report about Credit One Bank/ FNBM. Please read and refer to any info i give in this rebuttal.

Does everyone agree with me that it is ILLEGAL to bill a consumer for something that they never applied or activated in this case?

This company and yes i will call them FRAUDULENT, has the power to report false info, and from what i have read already has. I have been on the phone with this company, wondering why they changed their name by the way, and they have been just as beligerant as those on here.

I have sent numerous letters to this company stating i NEVER activated their card and NEVER responded to their solicitation. My state Attny. General knows what mail fraud is and is acting accordingly.

The FTC knows what extortion is and is acting accordingly and whether or not i can spell isnt the point, my lawyer knows how to and you can bet is acting accordingly. THIS COMPANY NEEDS TO BE STOPPED!!!

Oaky, you want something specific against FNBM, here it is. Be sure to read ALL of it before responding. Here is the first letter I sent.

March 9, 2005

First National Bank of Marin
P.O. Box 98873
Las Vegas, Nevada 89193

Dear Sir:

It has come to my attention that First National Bank of Marin and other banks in the Federal Reserve System have been party to fraudulent activities. I sincerely hope this is wrong. It would help me a great deal if you could answer some questions about this before I continue to make payments on or use my First National Bank of Marin credit cards. My account number is 4447-XXXX-XXXX-XXXX.

1. Whose account did you withdraw money from in order to pay the vendors when I made charges to My account?
2. Was the money created by my signing the voucher when I made the purchase?
3. Is it First National Bank of Marin's policy to create checkbook money in amounts equal to the charges made by First National Bank of Marin's customers?
4. Does First National Bank of Marin have on file a contract signed by Me with a bonafide signature?
5. Will First National Bank of Marin provide a copy of the journal entry that is made when I make a charge?

Please answer these questions within thirty (30) days so that I am not late in making my payment. If I do not hear from you, I will assume that what I have heard is true and will, therefore, rescind my contract with First National Bank of Marin, as I do not wish to be party to any sort of fraud.

Thank you in advance for your cooperation. I look forward to hearing from you so that I may put my concerns to rest.

Sincerely,


I RECEIVED NO RESPONSE FROM THIS LETTER, SO I SENT OUT THE NEXT ONE:

April 19, 2005
First National Bank of Marin
P.O. Box 98873
Las Vegas, NV 89193

Dear Sir or Madam:

On March 9, 2005, I sent a letter (copy enclosed and attached and made part of this correspondence) asking for information concerning how FIRST NATIONAL BANK OF MARIN operates and how charges and the like are handled with its system. My questions remain unanswered, but I have done considerable research concerning these matters. FIRST NATIONAL BANK OF MARIN has refused to answer my questions, so I have taken this to mean that it is doing as some other banks are: loaning or creating credit on its books. I am withholding payment based upon my letter of March 9, 2005. If you can prove to me that your bank actually gave me or the vendors involved something other than an electronic deposit to the vendors' accounts (checkbook money), then I will willingly pay the balance due on account 4447-XXXXXXXXX.

In addition to my original questions, I would also like you to provide the following information:

1. A copy of the bank charter, and
2. The names of all the members of the Board of Directors.

I am in possession of a booklet published by the Federal Reserve Bank of Chicago called Modern Money Mechanics. The booklet describes who creates money. The court decision in First National Bank of Montgomery vs Jerome Daly (1968) prohibits banks from creating money and credit on their own books by means of booking entries. It appears this is what you are doing, and it is fraud. I refuse to be party to any fraud.

Please respond within ten (10) days from receipt of this notice and supply me with all of the information that I have requested. Unless I hear from you to the contrary, I will consider my accounts with you closed and this matter settled. Please be sure to sign any and all correspondence under penalty of perjury and send it only to the address exactly as it appears below.

Thank you in advance for your cooperation.

Sincerely,



NAME AND ADDRESS
Bakersfield, CA 93306
Without prejudice, without dishonor and without recourse to Me. U.C.C. 1-207

THE RESPONSE I GOT FROM THIS WAS A COPY OF MY SIGNATURE ON A POST CARD AND NO OTHER INFORMATION. SHORTLY AFTER THAT, I RECEIVED A COPY OF A FEW RANDOM CREDIT CARD STATEMENTS. SO I SENT OUT THE FINAL LETTER, WHICH HAS RECEIVED ZERO RESPONSE. MEANWHILE, THEY ARE CONTINUING TO PLACE NEGATIVE INFORMATION ON MY CREDIT REPORTS AND EVEN PLACED A SECOND ACCOUNT CLAIM FOR A CREDIT CARD WITH LATE PAYMENTS THAT DOES NOT AND NEVER HAS BEEN MINETHEY CLAIM I REPORTED IT LOST OR STOLEN, WHICH NEVER HAPPENED.

Monday, May 29, 2005

Attn: Legal Department
First National Bank of Marin
P.O. Box 98873
Las Vegas, Nevada 89193

RE: Account number 4447-XXXX-XXXX-XXXX

Dear Legal Department:

I am sending an affidavit of revocation of signature, returning your credit cards and demanding proof of the cancellation of all the related computer-generated book keeping entries. Failure on your part to cancel your computer records, or any action by you or your agents to collect on this account, will result in immediate reprisal.

This action is being taken and this refusal is made timely and for cause, without dishonor, and recourse to me, pursuant to ORS 71.3501 Refusal for cause without dishonor.

ORS 71.3501(b)(3) states:

Without dishonoring the instrument, the party to whom presentments is made may (i) return the instrument for lack of a necessary endorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.

When I first contracted for a credit card, I mistakenly thought that First National Bank of Marin would be loaning me money which it received from other depositors and/or investors. Now I have discovered from reading Modern Money Mechanics, published by the Federal Reserve Bank of Chicago, that First National Bank of Marin created the money that I borrowed by using my promise to pay to generate computer entries on my account. In effect, your bank created money out of thin air.

I am aware that the United States Code Title 12, Section 24, Paragraph 7, confers upon a bank the power to lend its money, not its credit. In First National Bank of Tallapoosa v Monroe, 135 Geo. 614; 69 S.E. 1123, the court, after citing the statue quoted above, said:

[T]he provisions referred to do not give power to a national bank to guarantee the payment of the obligations of others solely for their benefit, nor is such power incidental of the business of banking. A bank can lend its money, but not its credit.

In Howard & Foster Co. v Citizens National Bank of Union, 133 S.C. 202; 130 SE 758, the court stated:

It has been settled beyond controversy that a national bank, under federal law, being limited in its power and capacity, cannot lend its credit by guaranteeing the debt of another. All such contracts being entered into by its officers are ultra vires and not binding upon the corporation.

See also Merchants Bank of Valdosta v Baird, 160 F 642; 17 Lns 526.

First National Bank of Marin did not tell me that it was creating money out of thin air, called bank credit, because to do so would have disclosed that there was no consideration from First National Bank of Marin to me. A lawful consideration must exist and be tendered to support the note. In short, if there is no full disclosure and no consideration, there is no contract.

I have written you two letters of explanation about this and given you ample time to reply. If you were not committing fraud, you would have immediately replied and said so. Your only response so far has been to constantly harass me by telephone at all hours of the day and night, and on weekends, asking for money. Therefore, I hereby revoke my signature on the original application as presented to First National Bank of Marin.

ORS 71.3501 allows you thirty (30) days from receipt of this Refusal for Cause, without dishonor, and without recourse to me, to state under oath the following: That First National Bank of Marin did not create money by loaning its credit and charging interest upon that loan, in violation of the law of contracts.

If you do not respond within thirty (30) days, a default will be created through material misrepresentation which will vitiate anything that occurred from the time that we began doing business together until thirty (30) days from now; ORS 71.3103.

If, within thirty (30) days, you do not either answer to the above under oath with penalty of perjury or provide me with proof of the cancellation of this computer-generated debt, the return of my application, and the return of all monies that I have paid to you since the beginning of our business relationship, then I will seek damages for fraud. The Uniform Commercial Code allows me to seek the return of all monies paid to First National Bank of Marin plus triple damages.

Thank you,

SIGNATURE
Without prejudice and without recourse to me ORS 71.1207

Well once again I am truly amazed by grown adults (I think I mean you have to be over 18 to have our card) bickering over something as simple as a credit card.

Brandon - might be a bit harsh calling people names as hey we all make mistakes (we are human).

To other slinging mud around like your king of the hill..... get off your soap box... Brandon would be the only one so far that I see here who might even have a remote understanding of what goes on in business.

Sharon - you should be one to speak about being nice and such... did you investigate the other claims on this site?? Are you and employee of FNBM??? Do you have a business degree??? And as well are you perfect?? I think not, if you were you wouldnt be here.

Mark - If we are such scumbags then just curious why did you NEED to have one of our cards??? Kettle calling the pot black I think??

Lisa - you have our card so your credit aint to hot either.... I beleive you said something about living in glass houses??? Guess you really dont know much about business do you mouthing off like that.... any transactions made with checking account and routing information is as if you mailed a personal check.... hence the reason for verification. And your so hot mouth off why dont you ask how long your bank takes to sending information to other banking institutions. Might be suprised.

And for the rest of you - (Brandon nothing meant to you as you seem to understand) YOU all screwed up YOUR credit by YOUR actions and yes we may be unethical and even poorly run but we get you those other cards you would never have another chance at otherwise. So who needs who here??? Might I add that we are now over 2 million card holders strong and this site only taps the majority of the rotten apples that feel they have been wronged without putting up exactly how they came to be griping about us on here in the first place... How about putting up here as well what went wrong with exact details about it?????

I had a pretty bad experience with these guys too.... I had the card for a while, no problems... then i tried to make a payment online and it wouldnt work. so i called in to do it, and they told me to keep trying online. so i did... until it worked. it didnt take the money out of my account until 13 days later, which made it late, and set in motion several fees. I didnt use the card for like 7 months. the balance was like $179. i called and closed it and agreed to pay it off. so i was making payments to get it down, and just like everyone else, IT WAS REPORTED ON MY CREDIT AS A COLLECTION! i ended up owing them like $775. i only used $179. THE REST WERE B/S FEES!@!! needless to say, after fruitless attempts to get them to be fair, and several calls only to be hung up on or transferred around till i was dizzy, oh, and the harrassing phone calls starting at 730 am, i decided to pay it off and just be done with it... over $500 for nothing... for some bs fees. so they told me if i paid it off, it would be removed off of my credit and not show up at all. that was 1/4/06. they told me that a credit would be applied and that it would take a couple of days. its now 1/30/06. I paid the balance in full. ITS STILL REPORTING ON MY CREDIT, NOT ONLY THAT, ITS STILL SAYING I OWE $140!!!!!!!!! SCAMMERS! STAY FAR AWAY FROM THESE THIEVES... AND TO THE EMPLOYEES: YOU ADMIT THAT YOU PREY UPON WRONGFULLY AND PRIVACY INFRINGING INFORMATION REGARDING CREDIT REPORTS AND OR SCORES?? YOU ARE EVEN BIGGER SCUMBAGS THAN THE IDIOTS YOU WORK FOR. YOU SHOULD SERIOUSLY RE-EVALUATE YOUR CAREERS AND WHERE YOU WANT TO GO IN LIFE.

First of all, I admit to ordering the card, but once it was sent out, and I read the fees I called to cancel the card and I never used it. Now, 5 years and a GREAT credit history later, I see that my Marin account is screwing me over. I've called them, I've disputed it with the bureaus and they steadfast hold on to the notion that I owe them. I truly wish this company didn't exist and do not wish this on my worst enemy. I tried every thing to rid myself of this matter, but to no avail. Any help here is appreciated.

p.s. ain't no punks here, so be aware, if you want to attack my character!
popo n chgo

First of all, I admit to ordering the card, but once it was sent out, and I read the fees I called to cancel the card and I never used it. Now, 5 years and a GREAT credit history later, I see that my Marin account is screwing me over. I've called them, I've disputed it with the bureaus and they steadfast hold on to the notion that I owe them. I truly wish this company didn't exist and do not wish this on my worst enemy. I tried every thing to rid myself of this matter, but to no avail. Any help here is appreciated.

p.s. ain't no punks here, so be aware, if you want to attack my character!
popo n chgo

First of all, I admit to ordering the card, but once it was sent out, and I read the fees I called to cancel the card and I never used it. Now, 5 years and a GREAT credit history later, I see that my Marin account is screwing me over. I've called them, I've disputed it with the bureaus and they steadfast hold on to the notion that I owe them. I truly wish this company didn't exist and do not wish this on my worst enemy. I tried every thing to rid myself of this matter, but to no avail. Any help here is appreciated.

p.s. ain't no punks here, so be aware, if you want to attack my character!
popo n chgo

First of all, I admit to ordering the card, but once it was sent out, and I read the fees I called to cancel the card and I never used it. Now, 5 years and a GREAT credit history later, I see that my Marin account is screwing me over. I've called them, I've disputed it with the bureaus and they steadfast hold on to the notion that I owe them. I truly wish this company didn't exist and do not wish this on my worst enemy. I tried every thing to rid myself of this matter, but to no avail. Any help here is appreciated.

p.s. ain't no punks here, so be aware, if you want to attack my character!
popo n chgo

Hello all:

Heres a thought: Untill you all actually call in and ask questions don't assume anything that you think you know.

Heres how it works:

We (First National Bank of Marin soon to be Credit One Bank) get quarterly (every 3 months)updates from all 3 major credit bureaus that have people sitting in a current credit score range. We review these people listed in this range and selectivly choose individuals that would benefit most from our cards and proceed to send them a pre-approved application with a personal aprroval code on it that MUST be sent back to us in order for us to send out these credit cards.

Part 2:

We get the information from the credit bureaus as stated in this line of thought and as stated in this forum, yes all major credit bureaus probably do not have the most current information regarding the people they get information to keep on file. My suggestion: contact the major credit bureaus to keep tabs on their information, you can do this once a year free so what do you have to loose???

In Feb '99, I received an offer for the FNBM card in the mail. My credit was messed up because of a recent divorce, so I filled it out and sent it in. In Mar '99, I received the card. It was already maxed out with all kinds of fees charged to it. I called the 800 number, and was told that in order to use the card I would have to pay down the balance. I decided that I didn't want a card that I would have to pay $300 before I could use it. I cut the card up, and sent it back; along with a letter (registered mail) stating why I didn't want the card.

In May '99, I was transferred to Germany for 18 months. When I returned in Nov 2000 and tried to buy a car, I discovered that FNBM had listed my account as delinquent and sent it to a collection agency. I contacted FNBM numerous times, and disputed this information with the credit bureaus. The credit bureaus won't delete the info because FNBM keeps telling them that this is a valid account. FNBM has no record of any transactions on this account other than the late fees they keep adding to it, which is now more than 6x what they wanted me to pay to use the card if I kept it.

It is now Dec 2004, and I'm still fighting to get this off my credit report. I have called and written FNBM and sent copies of all of my documents, and they still won't correct it. They recently told me that I made a payment on this account in 1999 (which I never did), and that meant I agreed to the terms of the account. However, they cannot tell me what month this "payment" was made or how much. So, they will continue their efforts to collect this debt. My next step will be to hire an attorney. So, if your experience with this company has been problem free...good for you, but mine has been HELL!

In Feb '99, I received an offer for the FNBM card in the mail. My credit was messed up because of a recent divorce, so I filled it out and sent it in. In Mar '99, I received the card. It was already maxed out with all kinds of fees charged to it. I called the 800 number, and was told that in order to use the card I would have to pay down the balance. I decided that I didn't want a card that I would have to pay $300 before I could use it. I cut the card up, and sent it back; along with a letter (registered mail) stating why I didn't want the card.

In May '99, I was transferred to Germany for 18 months. When I returned in Nov 2000 and tried to buy a car, I discovered that FNBM had listed my account as delinquent and sent it to a collection agency. I contacted FNBM numerous times, and disputed this information with the credit bureaus. The credit bureaus won't delete the info because FNBM keeps telling them that this is a valid account. FNBM has no record of any transactions on this account other than the late fees they keep adding to it, which is now more than 6x what they wanted me to pay to use the card if I kept it.

It is now Dec 2004, and I'm still fighting to get this off my credit report. I have called and written FNBM and sent copies of all of my documents, and they still won't correct it. They recently told me that I made a payment on this account in 1999 (which I never did), and that meant I agreed to the terms of the account. However, they cannot tell me what month this "payment" was made or how much. So, they will continue their efforts to collect this debt. My next step will be to hire an attorney. So, if your experience with this company has been problem free...good for you, but mine has been HELL!

1st I'd like to say that BRANDON is the STUPID one. Calling people names on a site like this. But yet he claims to be a financial advisor with a degree in Business Management and Psychology. Well Mr. FINANCIAL ADVISOR with the BAD CREDIT. I feel bad for the people who's money he's advsing on .

If you were so much above every one else that has had to apply for these type of cards why don't you go apply for a AMERICAN EXPRESS GOLD CARD or A CAPITAL ONE 0% Finance Charges or any other low cost, no fees card. Looks like you are or were in the same boat as the rest of us for whatever reason SO GET OFF YOUR HIGH HORSE !!!! because I too am a current card holder & have only had 1 problem with them adding late fees after I mailed a payment & they held it forever & a day then charged me a late fee.

I called up & raised hell & they removed the late charge & told me I should send my payment at least 15 days in advance.. I told them that was crazy. So I don't mail the payments any more nor do I use there website which charges $6.95. I use Moneygram which charges the same & I get my credit Immediately not 10 business days after I've paid online & they've got the money but yet they still want to treat it like a check drawn on a out of the country bank.

The other thing is they charge hi fees for credit increases. I now am in a better position & have other no finance charges for 1 yr cards & low apr for 1 yr then 14%. So my plan is to pay this card off & get rid of it. Always remember IF YOU LIVE IN A GLASS HOUSE DON"T THROW NO STONES !!!!!!!!!!

This could be a simple case of a keypunch error in social security number that has landed this account on your credit report. Dispute the account with the three major credit bureaus (Equifax, Experian and Trans Union.) I have an account with this bank and have never had a problem with them. They are not a bogus company. Take some action before you get your panties all in a twist. You can sit there and cry all you want, but you aren't going to get anywhere throwing a temper tantrum.

RE: BRANDON FROM ARIZONA

I don't agree with how a lot of things are handled in this world either, but you must know how to approach each matter appropiately and then everyone will want to hear what you have to say!

A friend of mine purchased a new car from a dealer in CA; they refused to honor her warranty and said they would ONLY take back the car back as used; give her a good deal on another one and all parties are happy! That was a crock! She took my suggestion and within an hour; they negotiated a new car for her. I think the sight of the "Purchase Lemons Accross The Street Sign" hurt their Saturday morning sales.

Its ALWAYS a way in this world to be very creative, and the MOST annoying and sweet pest in the world. I know, because it has worked for me and I have got on a lot of people's nerve. Try that, calling a person names with pool hall tactics gives a person a reason to dismiss you as a candidate for a good straight jacket!

I also had some dealings with FNBM-they reported 6 times on my husbnads report.We did contact FNBM-and never took it off the report,nor produced evidence we ever requested the card. I dont want to get in middle of this disbute going on here,i just wanted to pass on some info that may be of some help.

I contacted the las vegas attorney generals office.You can file right on line. They in return sent me a letter stating in dec of 2001 the comptroller of the currency settled its case against the FNBM.

In the settlement,the bank agreed to cease practices that the OCC alleged were unsafe and unsound,and to pay restitution to customers harmed by these practices.

I was advised to contact the comptroller of the currency at 1301 mckinney street #3710 houston,texas 77010-1-800-613-6743........just thought id pass this along,maybe it maybe of some help. good luck!

Sharon,

Have you ever dealt with FNBM? Hmmm....there's a good question to ask. I myself have dealt with them, and, as a matter-of-fact, am a current card holder with their bank and have been for over a year now; I have yet to have a single issue with them. And, as you'll notice, most of the complaints on here, about ANYTHING not just FNBM, are eronious! Now, to direct my attention toward your re-buttal; I do not proclaim to be perfect nor do I know that Kem did or did not speak with FNBM already, but FNBM knows the laws, they are a bank for Christ's sake, so they know that if they are reporting something to someone's credit eroniously they have to remove it. But, did you ever think of this posibility; what if Kem had an account with FNBM a few years back? What if Kem doesn't remember the account yet feels that FNBM is in the wrong? What if Kem is just to stupid to pay-off his debts and get on with life? I'm sure Kem's mortgage broker can tell him/her the same exact things I can about credit reports and how often they are inacurate as well as how to go about fixing it. You see, all he has to do is write ONE letter to FNBM and ONE letter to each of the three credit Bureaus (Equifax, Experian, and Trans Union) and tell them the situation. FNBM then has thirty (30) days to respond, in writing, with either proof of his/her account or a letter stating that they are going to contact the credit bureaus and have the accounts removed. So, next time Sharon, before you run your mouth about something other than how to push the buttons on the Burger King cash register, take a moment that think of the logical reasons for Kem's complaint; I will assure you that there is more than you are hearing!

And for your information, just to aleviate any chance that you may think I am ignorant or anything else your mind can dream up, I am a financial advisor with a degree in Business Management and Psychology...

Brandon, the guy came here to file a rip off report on FNBM. Why are you being so RUDE? Maybe he has read all the other reports on FNBM that has been done here and he has put 2 and 2 together and KNOWS that this company is up to no good! And maybe he has called FNBM and asked them about the false credit report that the company has reported on him and just like everyone else that they have scammed, FNBM WILL NOT do the right thing, as if they really give a d**n!

You have some nerve calling people Moron's and Jack a*s's. Yet, you are the BIGGEST Jack a*s and Moron of all! You didn't investigate this guy to see if he had tried to contact FNBM. You just assumed, that by the way he wrote his report that he didn't. Not all people are as perfect as u profess to be and thank goodness for that, we have enough idiots running around as it is and you fit right in with that category! If you can't help someone out "NICELY" with information, then don't write or say ANYTHING at all!

And so what if the guy is calling FNBM a fraud, why should it bother u? Are you the CEO FNBM or associated with another company that scams people also?

A piece of advice, before you start name calling and falsely accusing people, look in the mirror and ask youself, Am I perfect?

Are you a complete idiot? Do you know the first thing about credit and reporting of credit? The first thing you do, moron, is to call FNBM and ASK THEM to remove it from your credit report! Doesn't that make more sense than slandaring a company with whom you have supposably never done business? Do you know that by calling them a fradulant company that YOU could be sued? I would maybe do some research next time something like this happens, because believe it or not jackass, about 60% of ALL credit reports have innacurate information on them. It's so common that most creditors have a special department that deals with that. Before you slander some innocent company next time, maybe you should be the SMARTER person and take the appropriate action to resolve this in the proper order!

first national bank of marin has damaged my credit and i would like them to remove the erroneous information from the equifax and the other credit reporting bureaus