Consumer complaint received 2026-01-22 00:00:00
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: FIRST NATIONAL BANK OF OMAHA
State: PA

Complaint narrative:
XXXX STATEMENT OF MATERIAL FACTS & SEQUENCE OF TENDERXXXX Existence of Liquidated Debt: As of XXXX XXXX XXXX an undisputed, liquidated debt in the principal sum of XXXX  was owed to FNBO on the referenced account.XXXX. Initial, Unconditional Tender of Legal Tender (Wrongfully Refused): On XXXX XXXX XXXX the undersigned presented at your branch and made an unconditional tender (a valid and sufficient offer of performance) of the full debt amount in United States Federal Reserve Notes. This tender was made to satisfy the debt. Your agent refused this tender, citing internal policy, in direct violation of 31 U.S.C.  5103.\n1.3. XXXX XXXX via XXXX XXXX Following your wrongful refusal, and in continued good-faith performance, the undersigned immediately effected a substitute tender. This was accomplished by a Payment Coupon (a negotiable instrument and form of remittance) for the full debt amount, payable to FNBO and furnished by FNBO via monthly statement.XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  On XXXX XXXX XXXX  said money order was placed into the U.S. Postal Service via Certified Mail, Return Receipt Requested XXXX XXXX XXXX XXXX XXXX  This method provided an official stamp and record, constituting proof of mailing and delivery. Your institutions authorized agent received and signed for this certified remittance on XXXX XXXX XXXX The USPS Return Receipt XXXX XXXX, bearing your agents signature and the official postal stamp, is attached as Exhibit A. This delivery perfected the tender of the negotiable remittance to the person entitled to enforce the obligation.XXXX Unjustified Refusal of Tender Placing FNBO in Default: Despite this valid, unconditional tender of performance Payment Coupon delivered to and accepted by your agent, FNBO has failed to honor the instrument and credit the debt as satisfied. Your written response to the CFPB Case Number: XXXX XXXX XXXX attached as Exhibit B, confirms your receipt of the remittance and your continued refusal to apply it, lacking any justifiable defenseXXXX. LEGAL ARGUMENT & APPLICATION OF PRINCIPLES\n2.1. The XXXX XXXX XXXX Mailing Constituted a Legally Sufficient Tender. Under commercial law, a tender is "an unconditional offer of money or performance to satisfy a debt or obligation." Blacks Law Dictionary. The delivery of a full-value negotiable instrument (remittance) to the creditors address via certified mail is a classic and valid method of tender. Your agents signature on the return receipt confirms the offer was receivedXXXX FNBOs Refusal Was and Is Unjustified. Having wrongfully refused legal tender, FNBO cannot now unjustifiably refuse a substitute tender of a cash-equivalent remittance delivered directly to it. No defect in the instrument, the amount, or the method has been alleged.XXXX. The Legal Consequence of Unjustified Refusal is FNBOs Default and the Discharge of Accruing Obligations. The rule of law is clear: "if the other party unjustifiably refuses the tender, [it may] place the other party in default." Id. Furthermore, pursuant to XXXX XXXX  and related common-law principles, a valid tender of the full amount due discharges the obligors liability for any interest, penalties, or costs accruing after the date of tendeXXXX. The XXXX XXXX XXXX XXXX XXXX Satisfying the Debt. The money order was a remittance"a sum of money sent to another as payment"delivered unconditionally. Its retention by FNBO without cashing does not negoreceptive of the tender; it constitutes an acceptance of the instrument for application. FNBOs failure to process it is a ministerial error that does not invalidate the legal effect of the perfected tender.'

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation