Chris
Olive Branch,#2Consumer Comment
Fri, December 09, 2005
Sharon, Like you, I had an account with FCNB. I was a law school student when I opened up the account and used it for about a year. Then in early 2000 I ran into severe economic difficulty (parent's death and probate problems)I admit that I let the card payments slip. I got back on track by calling them and setting up monthly payments to them. From 2000 to 2003, I probably paid back to them 1500 dollars on an account that was a 500 balance. FCNB however left the meter running and sent me to collection except I did not know this until recently. I fought with the collectors and won without resulting to the Courts. Do this, Send a letter to the collector via CERTFIED MAIL! In the letter make it plain that you are questioning the validity of the ALLEGED debt. Be polite and professional, do not explain circumstances. Find out whether or not the collector actually owns the debt. This is important. If the debt was only assigned to the collector, then you have the right to make the collector prove that there is a SIGNED contract between him and the original creditor(FCNB). If they cannot produce that information, you should not pay them. If they sold the debt, then you need to have them prove it as well. But, under the law, you are only obligated to pay the orinal creditor (FCNB) . Since FCNB is now bankrupt, you cannot pay them, they are non functioning entity. Do not let them get away with sending you an imaged copy of an old bill. That will not work in a receivables situation. Besides if that bill is more than 3 years old, you may have a case whereby the statute of limitations is up on the ability to collect and they cannot touch you and they cannot follow through with a judgement. They have no standing. Do not let a collector bully you. This is what they do for a living and do not make any promises with them unless it is typed and sent to you via certified mail. The promises made over the phone by a collector are worth the paper it is written on. Put them to work, send that letter and relax and make sure to check your credit 3X a year to make sure it has not been put on. The three major bureaus generally will remove any challenges regarding FCNB because of the level of complaints against them.