Bank of America cc fraud

[jackzack]

What is the name of your state (only U.S. law)? Massachusetts

I need to take Bank of America to small claims court and need to cite a person's name on the small claims form. Whose name do I use. I sent a 30 day demand letter to the local branch in care of the local branch manager since I had actually met with her in person in trying to work out the problem. Please advise. thanks

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? Massachusetts

I need to take Bank of America to small claims court and need to cite a person's name on the small claims form. Whose name do I use. I sent a 30 day demand letter to the local branch in care of the local branch manager since I had actually met with her in person in trying to work out the problem. Please advise. thanks

According to the Massachusetts Small Claims Advisory Service website:

For corporations, write down the name of the corporation. Do not list the name of particular individuals unless you are suing them directly. You must have the exact legal name of the corporation

 

[Zigner]

You may very well be unable to proceed in small claims - read your CC agreement to see if you are required to use arbitration.

 

[jackzack]

bank of america cc fraud

That's the problem. There is no cc agreement as the credit card was unauthorized, we never got a card, never got a statement, never got a delinquent notice. The only way we knew there was a Bank of America credit card account was the letter from the Collection Agency looking for payment a year after the account was opened by Bank of America. The only charges on the account are Bank of America bank fees.

 

[Mass_Shyster]

That's the problem. There is no cc agreement as the credit card was unauthorized, we never got a card, never got a statement, never got a delinquent notice. The only way we knew there was a Bank of America credit card account was the letter from the Collection Agency looking for payment a year after the account was opened by Bank of America. The only charges on the account are Bank of America bank fees.

Have you paid what they are demanding?

How much are you suing for?

 

[jackzack]

According to the Collection Letter we owed a little over $400.00 and settled with them for 50% so we paid a little over $200.00 within 2 days of getting the letter. Collection rep. said if we didn't pay immediately fees would continue to be added, the 50% offer would be off the table and more damage to credit score would occur. We paid under protest and filed a letter of dispute with the Collection Agency.

After meeting with local branch manager and getting nowhere, in the 30 day demand letter sent a week later, we requested the $200.00 back and repair of the credit score damage caused by this in the form of a letter. We didn't get a response.
Now we plan to sue for fees paid and compensation for my time lost from work in dealing with this. Approximately $500.00. The account was in my son's name (he is a college student) who had a checking account with Bank of America that he opened freshman year. I was also on his checking account. The credit card was apparently linked to the checking account although on the intitial and original "Application for Accounts" it was specifically requested that a credit card NOT be linked to the checking account.

We don't know the financial impact down the line this negative mark on his credit score will have. Until now his credit score was clean as he has no loans or credit cards and is still in college.

 

[Antigone*]

According to the Collection Letter we owed a little over $400.00 and settled with them for 50% so we paid a little over $200.00 within 2 days of getting the letter. Collection rep. said if we didn't pay immediately fees would continue to be added, the 50% offer would be off the table and more damage to credit score would occur. We paid under protest and filed a letter of dispute with the Collection Agency.

After meeting with local branch manager and getting nowhere, in the 30 day demand letter sent a week later, we requested the $200.00 back and repair of the credit score damage caused by this in the form of a letter. We didn't get a response.
Now we plan to sue for fees paid and compensation for my time lost from work in dealing with this. Approximately $500.00. The account was in my son's name (he is a college student) who had a checking account with Bank of America that he opened freshman year. I was also on his checking account. The credit card was apparently linked to the checking account although on the intitial and original "Application for Accounts" it was specifically requested that a credit card NOT be linked to the checking account.

We don't know the financial impact down the line this negative mark on his credit score will have. Until now his credit score was clean as he has no loans or credit cards and is still in college.

I don't understand why you made a payment on a fraudulent debt. You basically acknowledge the debt as yours by doing so.

If you had a claim before, you certainly do not now. It is your son who you should be suing.

 

[jackzack]

bank of america cc fraud

We paid the debt to stop the bleeding. We sent a "Letter of Dispute" as advised by the collection agency, requested all information via certified mail from the collection agency and bank of america, were told we'd have a reply within 30 days and got nothing instead.

After paying, we sent a 30 day demand letter and got no reply. Letting the debt go unpaid would have been even more of a nightmare as the amount would be over a $1,000.00 by now.

If we had not paid the debt the amount would increase daily and it would still be owed on paper. It is impossible to deal with collection agencies, especially out of state, and bank of america. I should not sue my son and I paid the debt because it was the only way to shut the door while we looked for answers and resolution. Not paying would do further damage to the credit score. We didn't "acknowledge" the debt, we stopped a bogus debt from becoming more of a bogus debt.

Bank of America was unfair and deceptive in opening an unauthorized credit card account without any notification whatsoever to the debtor(s). No credit card, no statement, no anything. We get junk mail from them just about every day regarding all sorts of things but the one thing we needed, a notification of account, we didn't get. Yet they continue to be allowed to do business which is unbelievable. I thought larceny was illegal but I guess not for Bank of America.

 

[Zigner]

I should not sue my son and I paid the debt because it was the only way to shut the door while we looked for answers and resolution. Not paying would do further damage to the credit score. We didn't "acknowledge" the debt, we stopped a bogus debt from becoming more of a bogus debt.

WRONG - you accepted the debt as yours and paid it. Just because you don't LIKE the fact, doesn't change the fact.

You should have fought/continued to fight this.
If your son never used the card, and you never used the card, then you may have been a victim of identify theft and should have gone down that path.

I think that sonny-boy DID get the card and DID use it. You are merely upset that B of A actually wanted to get paid back.

 

[ecmst12]

He may have gotten the card, but he didn't use it if there were no charges other then bank fees.

 

[jackzack]

Identity theft, are you kidding?

My son absolutely did not get the card, did not activate a card and the only charges on it were Bank of America charges. I was also on the account and I never got a card or activated a card, never got a statement or any correspondence whatsoever regarding this account. When are you people going to wake up and realize that Bank of America is a thief. I hope that one day you don't get a collection letter in the mail out of the blue for an account you never opened or used with Bank of America. This was not identity theft. This greedy company is "above the law" and people have their heads stuck in the sand. The branch manager informed us that "you can't sue us, you should be glad it isn't more". Fight it a little harder, are you kidding? We spent 8 days on the phone for hours each day, went into the local branch twice, sent letters, sent certified letters, filed complaints and got absolutely no response at all from this bank. What next, break out the swords. Give me a break. Yes I'm mad because I work hard for my money and know when I've been taken advantage of and this is corporate rape. They should be shut down and forced to pay back every dime stolen from honest customers. Anyone out there with a Bank of America account should close it immediately. Youv'e all been warned.

 

[Proserpina]

My son absolutely did not get the card, did not activate a card and the only charges on it were Bank of America charges. I was also on the account and I never got a card or activated a card, never got a statement or any correspondence whatsoever regarding this account. When are you people going to wake up and realize that Bank of America is a thief. I hope that one day you don't get a collection letter in the mail out of the blue for an account you never opened or used with Bank of America. This was not identity theft. This greedy company is "above the law" and people have their heads stuck in the sand. The branch manager informed us that "you can't sue us, you should be glad it isn't more". Fight it a little harder, are you kidding? We spent 8 days on the phone for hours each day, went into the local branch twice, sent letters, sent certified letters, filed complaints and got absolutely no response at all from this bank. What next, break out the swords. Give me a break. Yes I'm mad because I work hard for my money and know when I've been taken advantage of and this is corporate rape. They should be shut down and forced to pay back every dime stolen from honest customers. Anyone out there with a Bank of America account should close it immediately. Youv'e all been warned.

Careful - the last thing you want right now is BofA suing you for slander.

That would be one awfully expensive suit for you to have to defend.

 

[Antigone*]

Careful - the last thing you want right now is BofA suing you for slander.

That would be one awfully expensive suit for you to have to defend.

They've got thick skin, and I'm sure all they care about is getting the money back that sonny boy used from his overdraft protection.

 

[Zigner]

You might not have received the statements...but did sonny?

 

[Tayla]

My son absolutely did not get the card, did not activate a card and the only charges on it were Bank of America charges. I was also on the account and I never got a card or activated a card, never got a statement or any correspondence whatsoever regarding this account. When are you people going to wake up and realize that Bank of America is a thief. I hope that one day you don't get a collection letter in the mail out of the blue for an account you never opened or used with Bank of America. This was not identity theft. This greedy company is "above the law" and people have their heads stuck in the sand. The branch manager informed us that "you can't sue us, you should be glad it isn't more". Fight it a little harder, are you kidding? We spent 8 days on the phone for hours each day, went into the local branch twice, sent letters, sent certified letters, filed complaints and got absolutely no response at all from this bank. What next, break out the swords. Give me a break. Yes I'm mad because I work hard for my money and know when I've been taken advantage of and this is corporate rape. They should be shut down and forced to pay back every dime stolen from honest customers. Anyone out there with a Bank of America account should close it immediately. Youv'e all been warned.

What needs to be re-iterated and stated to is:
1: You are responsible for gathering the correct information for the rules of collection. Hint: Try a lawyer next time.
2: Credit can be cleaned up but stupidity can linger a lifetime
3: B.O.A may have been somewhat accountable and probably would have corrected matters if you presented in factual document form (with a letter from a lawyer attached). Instead you buckled under a tactic used by collections.
4: Bottom line- Ignorance is no excuse in an age of information.