• Report:  #44685

Complaint Review: First North American National Bank - Kennesaw Georgia

Reported By:
- Nashville, Tennessee,
Sun, February 09, 2003

First North American National Bank
http://www.fnanb.com Kennesaw, 31056 Georgia, U.S.A.
Tell us has your experience with this business or person been good? What's this?
A Wholly-owned Subsidiary Of Circuit City Stores, Inc. Blatant Refusal to Follow the Law .....

First North American National Bank

PO Box 100043

Kennesaw, GA 31056-9243

We received collection letters from Account Management Dept. and Legal Recovery Dept. on October 16, 2002 and November 1, 2002, respectively, in regard to a debt we do not feel we owe.

On November 11, 2002 we sent a letter requesting an explanation and validation of the alleged debt so that we may satisfy any legitimate obligation we may have. During the one-week period following our inquiry, we received two additional collection letters, dated November 13 and 18, 2002 presumably in lieu of the legitimate information we requested.

On November 18, 2002, we reiterated our request for information, in writing, as a further attempt at resolving any obligation that may exist. And, as stated in the previous letter, we requested that not only the amount of the alleged debt be provided, but also legal evidence that the debt existed. We received an incomplete computer spreadsheet showing a few charges, interest amounts, and other information none of which is competent legal evidence of a debtor-creditor relationship, and which is not, according to the Federal Trade Commissions Wollman Letter, adequate validation of a debt amount.

Between December 4, 2002 and December 29, 2002, we received a rash of collection phone calls, all of which were logged, from a company called Shared Technology, which we later traced back to First North American National Bank and a bill accompanied by a past-due reminder. First North American National Bank was instructed at the outset, and twice subsequently, not to contact us under any circumstances other than to a) provide the information we requested, or b) advise us that they are unable to legally substantiate the debt they allege.

On December 29, 2002, we sent our final request for substantiation of the alleged debt, advising that if we receive anything other than the requested information, we will file complaints with the Better Business Bureau, Federal Trade Commission, state banking and finance bureaus, and other organizations, and will, at our discretion, initiate legal proceedings against First North American National Bank.

On January 15, 2003, we received a response from Ms. Sonya Wright of Executive Response denying any wrongdoing, expressly refusing to provide the information we requested and are legitimately entitled to, and stating that collection efforts would continue.

Pursuant to the warning given in our letter of December 29, 2002, we are hereby filing formal complaints with all organizations mentioned therein. Additionally, our December 29, 2002 letter stated, your continued refusal to accurately report our account status (disputed) to credit reporting agencies is a violation of 15 U.S.C. 1681s-2(a)(3), also known as the Fair Credit Reporting Act. We construe First North American National Banks repeated disregard of the Fair Credit Reporting Act by not accurately reporting the status of our account (disputed) as being willful and defamatory, and are considering legal action under Nelson v. Chase Manhattan Mortgage Corp., 282 F.3d 1057, 2002 U.S. App. LEXIS 3291 (9th Cir. 2002), a new legal precedent that creates a cause of action for a consumer against a furnisher of erroneous credit information.

In addition, Ms. Wrights response of January 15, 2003 contained what was allegedly a copy of our December 29 letter and attached documentation. Instead, however, was enclosed. Likewise, our financial information which was to have been included in Ms. Wrights response to us; e.g., copies of letters, spreadsheet, etc., was sent to another consumer. We have been in contact with the other consumer, and feel that First North American National Bank, in its negligent handling of their response letters to our legitimate requests, has violated our privacy. We will be looking into this matter further in the coming days.

In summary, the said First North American National Bank has made, and continues to make, repeated attempts through both the telephone service and the United States Postal Service, to collect a debt which it is neither able nor willing to substantiate, as documented above. Therefore, we hereby construe any and all of First North American National Banks claims regarding our alleged debt as being frivolous, unsubstantiated, and fraudulent; and to that end, will report any such future attempts to telephone and/or postal authorities.

Gave Them Plenty of Warnings

Nashville, Tennessee

Click here to read other Rip Off Reports on Circuit City

Reports & Rebuttal
Respond to this report!
Also a victim?
Repair Your Reputation!