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Sat May 26, 2012, 12:01 PM

 

I have an ongoing dispute with Bank of America - Update in reply #57, and it's good news.

Super short version: BofA added me as a co-borrower on my ex-wife's credit card without my knowledge or consent.

BofA refuses to remove my name from the account even though it admits it can't produce a copy of the Credit Agreement.

My ex defaulted on the account and recently filed Chapter 13 bankruptcy.

BofA has never asked me to pay any of the five-digit balance, and never attempted to collect it from me.

The account appears as a derogatory item on my history at two of the three major credit bureaus. It's gone from the third.

I've been actively disputing it for several months, and have filed complaints with the Federal Trade Commission and the California Attorney General. (You go, Kamala Harris!)

Today I have a small dilemma - I've got attacks going on four fronts, and there is at this moment nothing material that I can do.

So my attack on Bank of America for this week shall be:

FUCK THE CRIMINAL GANG THAT CALLS ITSELF BANK OF AMERICA!

Thank you for your assistance in this matter.

57 replies, 6486 views

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Reply I have an ongoing dispute with Bank of America - Update in reply #57, and it's good news. (Original post)
slackmaster May 2012 OP
EFerrari May 2012 #1
coalition_unwilling May 2012 #2
slackmaster May 2012 #5
sabrina 1 May 2012 #30
slackmaster May 2012 #31
sabrina 1 May 2012 #32
slackmaster May 2012 #33
sabrina 1 May 2012 #38
sunnystarr May 2012 #42
slackmaster May 2012 #53
Meiko May 2012 #3
deaniac21 May 2012 #4
slackmaster May 2012 #6
deaniac21 May 2012 #9
freshwest May 2012 #21
slackmaster May 2012 #28
freshwest May 2012 #36
slackmaster May 2012 #37
freshwest May 2012 #40
slackmaster May 2012 #41
freshwest May 2012 #43
slackmaster May 2012 #55
appleannie1 May 2012 #7
slackmaster May 2012 #29
TBF May 2012 #8
spiderpig May 2012 #10
dkf May 2012 #11
EFerrari May 2012 #14
slackmaster May 2012 #20
sunnystarr May 2012 #44
slackmaster May 2012 #56
goclark May 2012 #12
spiderpig May 2012 #15
SheilaT May 2012 #26
jimlup May 2012 #13
slackmaster May 2012 #22
L0oniX May 2012 #16
elleng May 2012 #17
slackmaster May 2012 #24
elleng May 2012 #27
jerseyjack May 2012 #18
slackmaster May 2012 #25
jerseyjack May 2012 #19
HiPointDem May 2012 #23
airplaneman May 2012 #34
Riley18 May 2012 #35
countryjake May 2012 #39
GETPLANING May 2012 #45
MrsBrady May 2012 #47
jerseyjack May 2012 #49
DontTreadOnMe May 2012 #46
meeksgeek May 2012 #48
geckosfeet May 2012 #50
nolabels May 2012 #51
slackmaster May 2012 #54
slackmaster May 2012 #52
slackmaster Jun 2012 #57

Response to slackmaster (Original post)

Sat May 26, 2012, 12:02 PM

1. LOL

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Response to slackmaster (Original post)

Sat May 26, 2012, 12:06 PM

2. At the risk of opening a fifth front, might I suggest filing a lawsuit

 

against BofA for emotional distress and loss of income (for all the time you have to spend on this ridiculous bullshit)?

They really are a scummy lot - they service our mortgage and have a stealth "convenience" fee for paying online. Got burned last month and am now thinking about also filing complaint with Kamala Harris.

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Response to coalition_unwilling (Reply #2)

Sat May 26, 2012, 12:37 PM

5. My law firm wanted a retainer of $50,000 to litigate the matter

 

I could sue for actual and punitive damages, but I don't have that kind of money to risk.

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Response to slackmaster (Reply #5)

Sat May 26, 2012, 02:46 PM

30. Don't lawyers take cases like this on a contingency basis?

Iow, if you win, they take one third but do not ask for money up front?

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Response to sabrina 1 (Reply #30)

Sat May 26, 2012, 02:52 PM

31. I might be able to find one, but my provable actual damage is in the $10K - $20K range

 

Mainly from my inability to refinance at premium rates. I tried to refi in January, and lenders didn't want to deal with me. Wells Fargo was pretty nice, but the best offer they could come up with was an FHA loan which would have made the deal not worth doing.

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Response to slackmaster (Reply #31)

Sat May 26, 2012, 02:58 PM

32. I know they like cases that have the potential to make a lot of money, so yes, you probably

would have to be very lucky to find a lawyer that would take it. Have you tried the Bar Association? Sometimes they can help.

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Response to sabrina 1 (Reply #32)

Sat May 26, 2012, 03:09 PM

33. I really don't care about getting a monetary settlement from Bank of America. I only want one thing:

 

I want my credit history cleaned up.

Other than that one derogatory item that appears on Equifax and TransUnion, my credit is close to perfection.

My score on Experian's proprietary rating system is 990, the highest possible value.

BofA has gotten themselves into a fight with me that they really cannot win. They can get out of it by simply taking the account off of my history at EFX and TU. But they're too dumb to figure that out, even though I've told them so numerous times.

The company is very poorly managed.

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Response to slackmaster (Reply #33)

Sat May 26, 2012, 03:54 PM

38. I understand, and hope you do win without the bother of a lawsuit.

As far as BOA goes, to say they are poorly managed is putting it mildly.

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Response to slackmaster (Reply #33)

Sat May 26, 2012, 04:26 PM

42. Credit Reporting Agencies

have to remove derogatory credit that has been disputed after 30 days. BofA would have to submit proof that you actually signed an agreement with them. If they fail to do that then after 30 days it gets removed from your report. I would contact all 3 credit reporting agencies in writing with all the pertinent information. Here is a sample letter where you remove what you don't want and insert what you do want.

Although letter writing may seem a bit old fashioned to some, there are certain advantages to taking this approach. First, when you send your letter certified and get a signed receipt, you have evidence that your dispute was received.

Second, when you file your dispute online, you will be asked to agree to settle any problems that arise through mandatory arbitration. By agreeing to arbitration, you are essentially giving up—or at least making it more difficult—to exercise your FCRA right to sue a consumer reporting agency.





Date

Your Name
Mailing Address
City, State, Zip


Re: Disputing Inaccuracies on My Credit Report

Name of Credit Reporting Bureau
Mailing Address
City, State, Zip

Dear Sir or Madam:

I am writing for two (2) reasons:

1. To dispute certain information in my credit file; and

2. To have you investigate/re-investigate and remove inaccurate information from my Credit Report and prevent its re-insertion. The item(s) I dispute are encircled on the attached copy of the credit report and further identified by (identify the items by name of source, such as creditor or tax court, etc. and identify type of item, such as credit account, judgment, etc.)This item is (inaccurate or incomplete) because (describe what is inaccurate or incomplete and why). I am requesting that the item be deleted (or whatever specific change you are requesting) to correct the information.(If you are enclosing documents such as copies of cancelled checks, payment records, court documents, send copies only, you should always retain the originals -- and use the following sentence.)

Enclosed are copies of the following documents supporting my position:

1.

2.

3.

Please reinvestigate this (these) matter(s) and (delete or correct) the disputed items within the time frame required by the Fair Credit Reporting Act (FCRA) and inform me in writing of the outcome.Thank you for your time and consideration in this matter.

Sincerely,

________________________
(Signature)
Your name



Equifax, Inc.
P.O. Box 740241
Atlanta, GA 30374
(800) 685-1111
www.equifax.com

Experian National Consumer Assistance
P.O. Box 2104
Allen, TX 75013-2104
(888) 397-3742
www.experian.com

Trans Union LLC
Consumer Disclosure Center
P.O. Box 1000
Chester, PA 19022
(800) 888-4213
www.transunion.com

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Response to sunnystarr (Reply #42)

Sun May 27, 2012, 10:58 AM

53. I'm already at that stage. I have a written admission from BofA that they can't produce a copy...

 

...of a credit agreement for the account. I have provided copies of that to the agencies. It's in process right now.

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Response to slackmaster (Original post)

Sat May 26, 2012, 12:19 PM

3. lawyer up

 

...and good luck.

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Response to slackmaster (Original post)

Sat May 26, 2012, 12:26 PM

4. You mean your ex did it...

Same thing happened with my ex but I discovered it when I did a credit check on him before the divorce and had it closed.

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Response to deaniac21 (Reply #4)

Sat May 26, 2012, 12:38 PM

6. Maybe. All I know for sure is that I never signed an application for joint revolving credit

 

...With anyone, ever.

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Response to slackmaster (Reply #6)

Sat May 26, 2012, 12:47 PM

9. me either

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Response to slackmaster (Reply #6)

Sat May 26, 2012, 02:34 PM

21. Were you only legally separated or fully divorced when the account was open?

Are you in a community property state? I think those laws supersede whatever you did or didn't sign, although someone here may know differently. As I recall, the law was simply whatever debts or assets were joint during the years of marriage - period.

I ended up paying my ex-husband's debts that he had incurred while we were in the process of divorce. The IRS tried to make me pay his income taxes until I went to the federal courthouse to show them my 'married, filing separately' tax returns and petition for divorce. Others were not so lucky. I've known women who worked at jointly-owned businesses with their husbands who absconded with the proceeds and took off. Then they were stuck with tens of thousands of dollars taxes, debts, etc., they had to pay.

In my case, the IRS was easy to resolve the matter with, but all the creditors, including his student loan debtor, came after me because I was doing everything above board, accumulating assets but he was working under the table. They may consider you to still be married and you'll get stuck. It gave me an ulcer and took me a few years to pay off, but I finally did.

We were supposed to have an amicable, uncontested divorce but he dragged his feet for two years and my attorney said it was apparent he was taking advantage. I'd given him the cars, the house and all the goods and left with the clothes on my back for my peace of mind, and that was how we were going to divide things, but the creditors didn't care. So I had to file for a contested divorce to force him to come to court, since he didn't want the divorce finalized. It still took some years to get my credit back in good standing.

Good luck getting separated from this mess. I don't know if it's still done, but You might put one of those advertisements in your local newspaper. Saying 'As of (date), I (your name) am not responsible for any debts not incurred by myself.' Or something to that effect, as legal notice. And notify the credit reporting agencies that you are divorced.

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Response to freshwest (Reply #21)

Sat May 26, 2012, 02:44 PM

28. BofA claims it was opened while we were married, but they can't prove it because they don't have...

 

...a copy of the application. The have only computer records which cannot be verified. They don't have archived statements back more than about three years.

If that is true, and I did not sign the application, my obligation would be limited to debt incurred during the marriage which ended 12 years ago.

My ex says they balance has been zero for most of the intervening time, and I believe her.

Good luck getting separated from this mess. I don't know if it's still done, but You might put one of those advertisements in your local newspaper. Saying 'As of (date), I (your name) am not responsible for any debts not incurred by myself.' Or something to that effect, as legal notice. And notify the credit reporting agencies that you are divorced.

I spent about $3,000 in legal fees getting my divorce agreement amended to explicitly exclude me from liability for the account, but BofA doesn't give a shit.

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Response to slackmaster (Reply #28)

Sat May 26, 2012, 03:43 PM

36. Does your wife say it was was opened after you were married? Did she open it under your last name?

I've had credit cards that I didn't use for years and then began using them, but if I hadn't paid they would still be owed jointly if they had been married at the time.

If she's filed Chapter 13, some payment will have to be made as that used to be, unless the laws changed, a re-organization of debt bankruptcy, not the same as a Chapter 7, or liquidation bankruptcy. She may not remember the time the card was opened or the charges made, but since the bank does have the balance and when the debt was incurred. Even a revolving charge account has records that make the total.

But regardless of all of that, I think it would be best if your wife dealt with the bank, explained her bankruptcy and gave them the Case No. This is what I was referring to above.

http://www.uscourts.gov/FederalCourts/Bankruptcy.aspx

I had to go through this process at one time and had friends and relatives who have as well. This shouldn't be about you and the Bank of America, but you and the papers filed. There is also no provision I know of to repair one's credit rating from a bankruptcy. It is kept on the record for 7 or 10 years, or used to be. Although really, it seems to never go away totally.

I think your wife is your best bet to get them off your back. The fact that they didn't try to get you to pay shows that your wife had the primary relationship, not you. There is one other thing I think you should check out.

I was a victim of identity theft years ago. None of the signature loan lenders ever came after me for the debts that had been made many years before, and something occurred to me when you say they never came to you for the debt.

In my case, they sent bills to the address of the person who made the loans and never paid a dime, for tens of thousands of dollars. I only found out when I attempted to apply for credit again on a whim, and was told I had these amounts I'd taken from banks and never repaid. I proved I never lived in the states where the loans were originated. There were all made at $5K each. Check the addresses the credit reporting agencies have on file. It's possible that these are neither you nor your wife's debts.

Also since Bank of America is not asking you to pay, they may have written this debt off or sold it to a debt collector, which is permitted in the contract when an account is opened. You may be dealing with a zombie debt collector trying to get you or your wife to pay them. Bank of America gets nothing and this may why they don't have the paperwork.

Hopeful that any of that helps. Enjoy your weekend.



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Response to freshwest (Reply #36)

Sat May 26, 2012, 03:51 PM

37. They wrote it off and sold the account to a collector on Feb.1. I called the collector.

 

The collector told me that my name is NOT on the account, and they don't intend to ask me to pay.

Go figure.

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Response to slackmaster (Reply #37)

Sat May 26, 2012, 04:10 PM

40. Then it is simply on the credit record? Is your wife paying as agreed in the bankruptcy?

This doesn't seem to be anything that Bank of America can help you with at this point, as they sold the debt and the paperwork to the collection agency for whatever they could get. They are not required to keep it after it no longer belongs to them, so your problem appears to be the data base the credit agencies screw up at times.

Since you got one of the big three to take it off, a phone call to the others (or a letter) explaining the reason why it shouldn't be on your name should eliminate it. But beware, these old debts can return again no matter what years down the road. The fact that all three bureaus 'fixed' my records and restored my credit after the ID theft affair, didn't stop those debts from popping up again over 20 years later. It's a mess. Good luck.

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Response to freshwest (Reply #40)

Sat May 26, 2012, 04:14 PM

41. My ex isn't very communicative. I don't know what's up with her finances.

 

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Response to slackmaster (Reply #41)

Sat May 26, 2012, 04:31 PM

43. If she isn't paying, and the card was in your name (married or not) you're kind of stuck.

In my case I took back my maiden name when I got divorced so there would be no confusion. However, you can't make her give up your last name unless it's in the divorce degree, which is what I insisted upon doing.

I'd bank on that one credit bureau that cleared you of the debt, to fix your record with the other two. Get it in writing or a written report showing it's cleared. Then keep on faxing, mailing and calling about it every time it comes up. Because most likely this, or some other debt will appear in the future.

But I would not believe a word the credit collectors said, as they often appear to be more interested in getting paid by hook or crook by anyone they can badger into paying, instead of the facts.

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Response to freshwest (Reply #43)

Sun May 27, 2012, 11:05 AM

55. The account is "in my name" on BofA's electronic records only, and those cannot be verified

 

If they can't prove that I consented to be obligated on the account, I am not stuck. BofA has already admitted in writing that it can't produce a copy of the agreement.

Their excuse is "We only have to keep those for three years." Of course that's a crock of shit - Surely they took a picture of the original ink-on-paper agreement before shredding it. But they either can't locate it, lost the records in an acquisition, or perhaps they DO have it but my signature isn't on it.

One of the points I raised in my mid-February letter, which BofA has still not answered was to ask how we could possibly know the terms of the contract, including details like how minimum payments are calculated, who agreed to do what, and when the agreement took effect, if they cannot produce a copy of the contract. They have said to me numerous times verbally and in writing that the account "is" a joint account. (I call that an example of the ipse dixit or Bare Assertion logical fallacy.)

Without a true and correct copy of the contract, they would look very silly in court trying to defend some action like a wage garnishment. Or derogatory credit reporting.

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Response to slackmaster (Original post)

Sat May 26, 2012, 12:39 PM

7. They bought out the bank that held my 6% fixed rate card and without my knowledge raised

the interest rate to almost 30%. When I figured out there was a problem and called they told me they do not honor other bank's contracts. I hate them and hope you win your lawsuit.

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Response to appleannie1 (Reply #7)

Sat May 26, 2012, 02:45 PM

29. That's messed up

 

I'm sorry about your situation, and thanks for your kind words.

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Response to slackmaster (Original post)

Sat May 26, 2012, 12:42 PM

8. I hate them too and will be happy to assist

they tried to foreclose on my mom even after she had gotten her loan modification approved.

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Response to slackmaster (Original post)

Sat May 26, 2012, 12:52 PM

10. They are crooked and they are evil. Trust.

I've had to deal with those bastards for 30 years through work. As far as my personal accounts, I'd put cash in a mattress first.

I spent hours and hours having to straighten out "shortages" from cash deposits from coworkers I knew were honest as the day is long. We'd even recount, initial and tape the deposit envelopes and still come back with "$20 short".

Went up to corporate levels, who said they'd take care of things. Turned out corporate was getting a kickback on their credit card fees from BofA and wanted to keep a good thing going.

I'm not picking on the random teller trying to make a living, but every BofA exec I've dealt with has been a complete ass. Even sitting in a boardroom with both BofA and bull-logo company (whom they took over) you could tell bull-company just loathed BofA.

I hate that institution with the passion of 100,000 burning suns.

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Response to slackmaster (Original post)

Sat May 26, 2012, 12:57 PM

11. I'm curious as to why she would have added you on?

 

Is there any advantage to doing so?

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Response to dkf (Reply #11)

Sat May 26, 2012, 01:01 PM

14. Yes. At that point, she could try to off load the debt and use the account


possibly to open other accounts with slackmaster as the unknowing co-signer

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Response to dkf (Reply #11)

Sat May 26, 2012, 02:32 PM

20. I have no evidence that my ex did it. Because BofA can't find the credit agreement, it's not...

 

...possible to determine how it happened.

The account was opened at a Southeast regional bank that got bought out by another East Coast bank, which in turn was acquired by Bank of America.

So the account has been through at least two computer system conversions. It's quite possible that my name was merged with the account in one of those transactions.

BTW, we've been divorced since May 2000.

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Response to slackmaster (Reply #20)

Sat May 26, 2012, 04:32 PM

44. You're right it doen't mean that she added you.

In fact most lenders will automatically add a spouse even though they're not supposed to. Another common thing they do is on applications where you allow another family member to use the account. Legally this doesn't make them responsible for the account but the lenders will add them illegally to make them responsible as well. The numbers are with them since the majority of people don't know how to dispute it and aren't familiar with the law.

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Response to sunnystarr (Reply #44)

Sun May 27, 2012, 11:33 AM

56. The account wasn't even opened at BofA. It's been through at least TWO system conversions.

 

I've been working in IT for 29 years, mostly in financial services. I have managed a few full system conversions during acquisitions. I have a VERY good idea how things like the vesting on an account can get garbled inadvertently during a conversion. It's also possible that one of the three (or more) banks that have owned the account merged our names intentionally without telling us. The information needed to determine what really happened is apparently lost.

More than one bank was aware that we were married from early 1989 until May 2000 Bank of America certainly knew, because for several years we each had an INDIVIDUAL credit card at BofA. They could easily have matched us by address and last name, and of course they had both of our Social Security Numbers.

We always kept our books separate whenever possible. She had a son by her first marriage. Automatic child support payments were deposited into HER checking account. She used that account and HER sole credit card to pay for all expenses incurred on behalf of her son. Although California is a community property state, we avoided co-mingling our books so that she could easily track income and expenses related to her son, without having to expose ALL of our activity to her ex-husband, his attorney, and a judge in another state.

I am very sure that I never signed a joint credit card application with her, and I am also very sure that I would remember having done so because it would have been a major deviation from how we handled our finances.

She would be willing to testify in court to support me, but I doubt that will ever be necessary.

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Response to slackmaster (Original post)

Sat May 26, 2012, 12:57 PM

12. I feel your pain



I fooled with B of A for many years.

Could not take them after they "couldn't find "my safe deposit box that I had the key to ~

The good part was that all but one item I had tken out all ready and it was nothing that I needed to worry about -- however -- I have not talked to them since.

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Response to goclark (Reply #12)

Sat May 26, 2012, 01:01 PM

15. That's exactly what happened to Mr. pig!

They couldn't find his safe deposit box.

I kept side-eyeing him saying "I told you not to deal with these crooks".

They're disgusting.

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Response to goclark (Reply #12)

Sat May 26, 2012, 02:39 PM

26. Oooo, thanks for bringing up safe deposit boxes.

I'm planning to close my account with another big name bank, and had forgotten about the safe deposit box.

When I opened the Big Name Bank account, I chose them in part because they have ATMs around the country, and I often travel. By opening a savings account at the same time, and having $75/month automatically transferred from checking to savings, I got free checking. Nice, and I was able to let the savings account accumulate.

Recently I read an email from them saying that no longer will the $75/month transfer give me free checking, instead there's now going to be a $15/month fee. So yesterday I walked some cash and a check over to a local bank and opened new checking and savings accounts. It will take a little time to switch over the automatic payroll deposit, and switch the one automatic bill pay (my cell phone) to the new account, but I'm glad I've finally done it.

The ATM card with the new bank will not allow me to take out cash without a fee outside of their system, but I may just use it more as a debit card when I do go somewhere. Normally, I do not like using a debit card, as I've seen too many people get into serious financial trouble with them, and even those who don't seem to use them freely enough that they wind up spending down the checking account to close to zero much of the time. Personally, my preferred system is to use cash most of the time, so that if I don't have enough cash in my pocket for something, I don't get it. Works for me.

Anyway, on Tuesday I'll go back to my new bank, and see if I can get a safe deposit box.

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Response to slackmaster (Original post)

Sat May 26, 2012, 12:59 PM

13. A hardy SECOND!

My story is definitely different but I feel that BofA has put me in my current personal debt crises for no reason other than they decided that they could pick on me. I never had a late payment on any of my accounts but when the crises of '08 hit they decided to jack up my rate to 24% and though I've paid it down they are chasing me down - cutting my credit every time a pay some of it off. They are criminal loan sharks.

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Response to jimlup (Reply #13)

Sat May 26, 2012, 02:34 PM

22. They and Chase helped push my ex-wife into insolvency

 

It's partly her fault of course.

She had automatic payments set up from her checking account to cover the minimum payments due on two big credit card debts.

Both BofA and Chase raised her interest rate without notice, which made her auto-payments inadequate to cover the minimum.

So they of course raised her interest rates AGAIN. She was already heavily leveraged on equity in two houses.

You can guess the rest.

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Response to slackmaster (Original post)

Sat May 26, 2012, 01:33 PM

16. Add your complaint to RipoffReport.com

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Response to slackmaster (Original post)

Sat May 26, 2012, 01:48 PM

17. Credit reporting agencies have an obligation to you/us, re: truth/facts,

so if you haven't already done it, go to THEM, explicitly tell them/show them that boa 'can't provide a copy of the credit agreement.'

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Response to elleng (Reply #17)

Sat May 26, 2012, 02:35 PM

24. That's exactly what I'm doing. The process is slow and tedious. The Fair Credit Reporting Act...

 

...provides SOME protection to consumers, but really the playing field isn't anywhere near level.

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Response to slackmaster (Reply #24)

Sat May 26, 2012, 02:40 PM

27. Of course its not near level, and freedom isn't free,

but I'm glad to hear you're doing that.

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Response to slackmaster (Original post)

Sat May 26, 2012, 02:04 PM

18. Federal Trade Commission --- that's where I believe your complaint should be filed.

 

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Response to jerseyjack (Reply #18)

Sat May 26, 2012, 02:38 PM

25. Already done. Also the California AG because BofA failed to comply with a section of our Civil Code

 

...which requires lenders to notify consumers by mail when they transmit derogatory credit information to the reporting agencies.

I challenged Bank of America on that in a letter I sent by CMRRR in mid-February. They got my letter, but have not responded.

Get this: One time in March I confronted BofA in a phone call about why they marked my credit history as "skip" when they never tried to collect. The person on the phone said "We don't know where you live."

I told her "I have a stack of mortgage loan statements from you that prove you DO know where I live."

She got very quiet and typed some stuff into her computer.

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Response to slackmaster (Original post)

Sat May 26, 2012, 02:24 PM

19. My B o A story.

 

Anyways, I have used online bill payment for years without a problem. This winter, I got notices for 3 bounced checks having been paid but with overdraft fees of $117.

Now I check the account every morning and know what checks are due to go out and those that have already gone out. When a check goes out, the money is deducted from my account on the day the payee receives it.

Check for $600. was posted to be received by payee on January 10th. $600. was deducted from my account on January 10th.

Three checks were issued on and paid on the 13th. for a total of $280. I had $450. in the account.

Three overdrafts were deducted on January 13th.



So I go to the local office and the desk clerk (nice person btw) says it is because the last check you sent was cashed on January 12th and cleared on Jan 13th. She calls the computer section or whatever who also says the money is deducted from the account on the day the person cashes it and it is cleared by the clearing office.


Next, I sent a check for $200 to a friend to settle another matter but asked to borrow the check when it came in. I took the check and my iPad to the office and sat down with the lady.

I showed her the screen where the money was deducted several days earlier. I reminded her of the conversation she had with the clearing office who advised her that money was deducted when he check cleared and not on the day it was delivered.

"The money is already out of my account. But here is the check. Obviously, the guy in clearing was lying to you or has no idea what he is talking about. Furthermore, I am retired. I have plenty of time on my hands to go to small claims court and file suit for the $117. Your lawyer will cost more than that and you will be subpoenaed as a witness.

The next day, I got a call advising the $117 was restored to my account.

Bastids.

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Response to slackmaster (Original post)

Sat May 26, 2012, 02:34 PM

23. glad to help with a kick. FUCK THE CRIMINAL GANG THAT CALLS ITSELF BANK OF AMERICA!

 

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Response to slackmaster (Original post)

Sat May 26, 2012, 03:14 PM

34. I am another one who hates Bank of America

Without going into details, BofA has been a nightmare for me. It was always one thing after another after another after another and it would never stop. If your their mission statement was: "Screw every customer every way you could possibly imagine" then I would give them an A+. Their practices were downright unethical and mean spirited. I am now happy at a credit union and will always hate BofA. My biggest dream is they are one day dismantled by antitrust laws.
-Airplane

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Response to slackmaster (Original post)

Sat May 26, 2012, 03:18 PM

35. Similar thing happened to my son. He

called a local high profile law firm. They are exploring a lawsuit. However, within one week his credit was cleared up, and it didn't cost him any money.

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Response to slackmaster (Original post)

Sat May 26, 2012, 04:08 PM

39. Keep it up! I almost set up my own one-woman picket of the place, myself!

This winter, I strode into our local Den of Thieves and demanded my account closed, immediately. They had begun removing a service fee of five dollars a month from my measly savings, since I failed to meet their "qualifiers". Unbeknownst to me, beginning in October, my paltry $219 had been "charged" twice by them.

By the end of the year, after I realized what they were doing, I marched in and loudly proclaimed that they had no right to steal that ten bucks from me (there wasn't another soul in there but two tellers), so some guy came out and escorted me to a seating area in a corner, saying the manager would see me shortly. After waiting for more than half an hour, with those two gals eyeballing me nervously the entire time and the security fella meandering back and forth, staying within ten feet of the chair he'd sent me to, a young women finally came out of her office to ask me what the problem was. I repeated my highway robbery claim, so she took me into her lair, and tried to finagle me into some other agreement with her gang, so that they could ultimately KEEP using my two hundred bucks, which I adamantly refused. I ended up having my monies fully restored and when she asked me how I wanted it, I told her to give me hundred dollar bills, since it'd be easier to keep it somewhere "good and safe from thieves" that way.

I know that my tale can't compare to how you've been mishandled by those bastards, but it's just another wee example of how they also rip-off the bony-fingered older folk of this world. And I join you in your righteous attack:

FUCK THE CRIMINAL GANG THAT CALLS ITSELF BANK OF AMERICA!

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Response to slackmaster (Original post)

Sat May 26, 2012, 08:46 PM

45. There is an easy solution to your problem.

Sue the credit bureaus that are reporting this as bad debt in small claims court. The credit bureau will have to bring a representative of the bank as their witness. They never do, and you win a summary judgement. You send a copy of the judgement to the credit bureau with the threat that if they do not amend your credit report, you will sue for damages, which could cost them a lot of money. They ALWAYS amend your credit report.

I have done this, it works.

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Response to GETPLANING (Reply #45)

Sat May 26, 2012, 10:26 PM

47. +1 n/t

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Response to GETPLANING (Reply #45)

Sat May 26, 2012, 10:34 PM

49. To sue in small claims court, you have to prove you suffered $$$ loss.

 

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Response to slackmaster (Original post)

Sat May 26, 2012, 10:17 PM

46. I just had a similar BOA experience.

First, background info because it gives some perspective. I went to college in Boston in 1982. I opened up an account at Shawmut Bank in 1982. Shawmut Bank was later acquired by Bank of Boston. Bank of Boston was then acquired by Fleet Bank. Then Fleet Bank was acquired by Bank of America.

I have had the same account for almost 25 years, and because this account kept rolling over, it still had a record as an original Shawmut account. For 25 years, almost ALL of my professional paychecks have gone through this bank account.

Three years ago I started an online business, that uses PayPal for 99% of revenue collections. My Bank of America account is linked to this PayPal account.

Last December 2011, I decided I no longer needed the BOA account, I used it only to send out 4 checks per month. I was going to pay everything online in 2012, it would make it easier for the paperwork for my accountant. I went to the branch office to close out my BOA account.

Now in December 2011, there was a HUGE movement to close out BOA accounts, especially here on DU. When I went to close the account, they spent a large amount of time to try to convince me to keep the account open, it finally got to a rude point where I just yelled out "I am here to close my account". They closed the account.

A month later I got a BOA statement in the mail. Previously, and for years, had opted out for paper statements and always had online statements. I thought it was weird to even get a statement, I opened it up and it stated I was -$45 in my account. Now remember, I closed out the account... and withdrew the remaining balance in CASH in December.

Here is what happened. The PayPal linked account "hits' you checking account every three days... just to make sure there is a live account in case "they" need to debit an amount to your checking. And when this "hit" goes to your checking account, your bank requires that the account remain OPEN for 30 days! So the Bank of America account that I closed, was reopened automatically (BOA stated that is was never really closed)... and then because there was no money in the account, it charged me $9.99 for online banking. That fee is usually waved if you have money in the account... but since thee was $0, it charged $-9.99. Then it also added an overdraft charge of $35.

OK, so this will be easy, just go down the bank, in person... explain all this, they will delete those charges and really close out the account.. right?

February 2012, I get another online BOA statement. I call the bank manager, and I am starting to get really pissed at this point. Same guy I originally closed the account in December, and the same guy I "fixed" this with in January... he says he will clean this up right away.

March 2012, I get another BOA statement, I am now $-60.00 in an account I already closed... time to drive back down to the branch office. By the way, did I mention that during this period they closed the closest BOA branch office, so now I have to drive to another branch that is about 20 miles away. And for the record, I live in NJ, where every town has one or two branch offices for BOA, they are everywhere. But now in my area, central NJ, BOA is dropping locations like flies. And Chase offices jumping into their prime locations.

I get the account closed for good this time!

April 2012. I get another BOA statement in the mail. I am ready to lose it. I call the main BOA office in North Carolina. I escalate the call until I get a regional VP on the phone... explain how fucked up BOA is, and how I plan on telling this story to everyone I know. Now this guy on the phone is not the person who created this problem, and even though he represents the company (even the VP has nothing to do with company policy).. I am unloading on this guy on the phone... over a $10 online banking charge and an overdraft fee... that should not be there since the account was closed.

I got the feeling the VP from BOA was realizing how fucked up this really is, and that the BOA operation is setup to take as much as they can form every customer, and at this point in time this is really bad customer policy. BOA has lost tens of thousands of accounts in the last 6 months... and I am just ONE of them, can you imagine all the other issues people are having in trying to CLOSE an account.

The bottom line to this story is Bank of America is just too big. They can't deal with handling small "personal issues" with its customers, because that is not what they are in the business for anymore.

I switched my account to Chase. I am SURE there is really no difference between Chase and BOA. I am amazed how poor customer service has become with local banks. And the reason is the big banks are no longer interested in customers who have a monthly balance under $20K. It's easier for them to gamble in the markets, than it is ti make money they way banks used to make profits, by lending the depositor's money back into the community as loans. Loans take took long to make profits.

And remember that if you have a PayPal account and it is linked to your checking account, you need to actually go and UNLINK it before you can close out a checking account. They don't tell you that.





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Response to slackmaster (Original post)

Sat May 26, 2012, 10:28 PM

48. Just ading my two cents

I don't have anything to add that hasn't already been said here, just a general thought:

Join a local credit union and get to know the people who work there. I did this years ago, before it became fashionable. Guess which bank I left?

That's right: BofA.

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Response to slackmaster (Original post)

Sun May 27, 2012, 10:17 AM

50. Washed my hands of the criminal enterprise years ago. Local credit union is the way to go.

Sorry to hear about your credit issues. But winning a pain, suffering and defamation suit would net you and your lawyer a lot more than $20k.

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Response to geckosfeet (Reply #50)

Sun May 27, 2012, 10:33 AM

51. I learned them to be crooks 40 years ago as a young teenager

Without warning or notice they transferred my small saving's trust account that was supposed to a sub-account of my mothers Then after it was a separate and single account, went to work using it up, charging fees to it till it was almost half gone.

I am happy i got to learn that early lesson

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Response to nolabels (Reply #51)

Sun May 27, 2012, 10:59 AM

54. My first encounter with BofA was in 1976. I walked into a branch to cash a personal check...

 

...that one of their own customers (i.e. that exact branch office) had written to me.

They wanted to charge me a fee to honor their own customer's check.

I walked across the street to my own bank, and deposited the check free of charge.

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Response to geckosfeet (Reply #50)

Sun May 27, 2012, 10:55 AM

52. I have never intentionally opened any kind of account at BofA. They already had a bad reputation...

 

...back in the 1970s when I started opening bank accounts.

I've had several accounts, including an individual credit card of my own and my present first mortgage, end up at BofA through acquisitions.

But winning a pain, suffering and defamation suit would net you and your lawyer a lot more than $20k.

I have better things to do with my time than pursuing damages. I recently started a very challenging IT job at a start-up company. That has a decent chance of paying off in a big way. I plan to focus my time and energy on that for the next few years. I don't need the stress and distraction of a lawsuit, even though it would be just.

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Response to slackmaster (Original post)

Tue Jun 5, 2012, 08:54 AM

57. UPDATE on my dispute with BofA, 6/5/2012 - Equifax has removed all derogatory information

 

The disputed account still appears on Equifax as a closed joint account (which is still incorrect) but with no dollar amounts and no derogatory language - Nothing about a charge-off, bad debt, etc. Just closed and no money owed.

Two down, one to go. I sent a written request to TransUnion to re-investigate the matter on May 19.

It's nice to have a little good news once in a while. I deserve it.



BTW, here's a link to an article that MSNBC did regarding credit report disputes back in 2009. It's somewhat out of date, but does give a good idea of the crap I've been dealing with and how far out of level the playing field remains for consumers.

http://redtape.msnbc.msn.com/_news/2009/04/28/6345763-how-to-complain-about-credit-report-errors

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