I will try to keep the last 18 months, or so, as brief as possible.
I applied for a credit card with BOA. I was told of a joint savings account I had in Vancouver, WA (not a checking) that I had forgotten about. I wanted removed from the account for various reasons. They would not remove me from the account unless that account was closed. I requested it closed. I was told I had to do it in person or withdraw funds from the account to do it over the phone.
I am located in Alaska and there is not a BOA branch in this entire state. Could be because this state sued them and won? Therefore, I followed THEIR directions of having an atm card sent to me and withdrew the funds. They said that I was equally entitled to those funds. Their own depositor's agreement states this. I managed to get the account closed even when the other party tried to keep it open.
Jump forward 6 months... I receive a collection notice from a collection agency. I called the collection agency to find out by them that it was for NSF (non-sufficient funds). I thought the other joint person on the account had used my social #, again, and opened a checking account and bounced checks.
Come to find out it was for the savings withdrawal (not overdrawn or checking related) 6 months previous. Not only for the amount that I withdrew but a substantial portion from the other parties withdrawals as well!
The bank refused to provide me with any documentation to include the signature card of the joint savings being opened. The BOA employee said he sent me to collections because I did not put any money into that account. How do they know who's money is handed in by who?! I was the only party with a job when the account was opened! Also, the bank changed the name on my social to the other party's name (someone who has misused my social # in the past creating bad debt!)
In a nut shell, $5,000 (plus) attorney's fees later I have copies of all documents and the collection agency kicked back the collection to BOA refusing to collect on it. BOA had the nerve to counter-sue me even after that! They have offered a settlement of $1,250 and then $2,500 (payable to me) and said they would drop their counter-suit if I dropped mine, otherwise they were also going to try and get me to pay THEIR attorney's fees! I refuse to settle for less than the minimum of my attorney's fees. Count on it! And I am not going to waste another dime with an attorney to get it.
I had contacted the FTC and forget it they cannot help.
I had contacted the OCC and they only were rude and worthless.
The FDIC cannot help. They said go to the OCC.
Next stop is the US Senate Committee on Banking, Housing and Urban Affairs. Fraud by those in the Banking Industry must be put to a stop. I plan on pursuing criminal charges, as well, if at all possible.
Someone out there must care about the individual hardworking American consumer. It sure isn't bank of america!!!
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