First Consumers National Bank, Access Check Fraud, Portland, Oregon
I was a long time Spiegel account holder which card was issued by First Consumers National Bank.
In February FCNB sent me an offer with two access checks attached at the bottom. Their offer was that I could write amounts on these checks and use them for whatever purposes I desired. I could write them to myself and deposit them in my checking account or use them to make a payment to another source. However, I could only write them up to my available credit limit.
I called FCNB and verified this information. This offer was good until March 31.
On or about February 28 I made out one of these access check in the amount of $500.00 and deposited it to my checking account. This check went through without any problem.
However, on or about March 13 I made out the other access check in the amount of $800.00 and deposited that check into my checking account. I thought everything would be as before.
On March 21 I received a "post card" type notice from FCNB that they were no longer associated with Spiegel, Eddie Bauer and Newport News and that any access check used after March 11 would no longer be honored and that my credit card account was now closed. They did, however, indicated that the closing of my account in no way reflected anything bad on my credit. I was a good customer and always paid on time and many times paid more than the minimum requirement.
On Saturday, March 22, I received the $800.00 access check from my bank indicating that it was returned by FCNB.
In the meantime, several of my checks came into my bank. Fortunately, I have a good relationship with my bank and they covered several of them. Only one was actually returned to the vendor and they will put it through again for payment. However, I was charged $145.00 by my bank for covering the payment on the checks I had written.
Also, I have a very understanding boss who advanced me $800.00 to put into my checking account to cover the $800.00 access check that FCNB did not honor. This situation has caused extreme stress to me and could have irreparably ruined my credit standing.
If I write a bad check, the person that I wrote the check to can sue me and be awarded three times the amount of the initial amount of the check.in essence, this is what FCNB did to me and I feel that they should award me three times the amount of the check that they would not honor, namely $800.00 x 3 = $2,400.00, plus the bank charges of $145.00, not to mention the stress that I experienced during this time period.
When I called FCNB to inquire about this situation, they stated that they were allowed, according to their contract with their credit account holders, to close my account at any time.
This may very well be true, but their offer of the access checks is a separate contract that was to be honored until March 31.
I am sure that I am not the only person that was effected by this situation. Do you have access to any attorneys that would be willing to file a class action lawsuit against FCNB?
The law office that I work for does do class actions, but they specialize in employment law and would rather have a law office handle it that has expertise with the banking laws.
Please let me know at your convenience. I can be reached through this email or at work during the day at: 805/962-0467.
Thank you for any assistance you can give. Mary J. Waage, Santa Barbara, CA
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