Chexsystems/Bank of America/Fraud/Defamation

Status
Not open for further replies.

ColinR

New Member
Hey everyone, this is my first post, and actually this issue is the reason I joined the board, however I'm happy to be on here seeing all the helpful people and responses, what a great resource.

So, quite some time ago Bank of America closed a checking account of mine because it had been in the red longer than they liked, to the tune of about $400. Bank of America had POUNDED me with overdraft after overdraft after some random 'maintenance' fees had been assessed which put me in the negative. They refused to budge or help in any way, so being 19 and stupid, I walked away from the account, not knowing about Chexsystem or the hell it would make my life.
Soon after, I was reported to Chexsystems which for the next 2 years made it impossible for me to get a bank account. I finally settled at an inflated amount with a collection agency.
Now here's the issue, I apologize in advance if it's confusing....
Bank of America had reported to Chexsystems that I had an outstanding balance and also that the reason for closure was that there was 'Suspected Fraud.' When I tried to track down the debt an clear everything up I contacted BOA...I was passed up (or down, depending on how you look at it) the line and finally reached the risk assessment group (or something like that). They were terrible and gave me little information. When asked why is reported that there was suspected fraud involved, I was told that having a negative balance was fraud.
I asked for paperwork and any information pertaining to that report, denied. I asked for BOA consumer policy and procedure information during the time I was customer, denied. I have been defamed by this. Banks can still see this and will be able to for years. Even BOA; when I finally paid off my debt I tried to open a checking account with them because my girlfriend banks there and I thought it would be convenient. However, I was told that because my account was closed by that risk group (presumably because of my reporting) that I can now no longer bank with BOA, ever.

It just seems like there is no recourse.. To cover myself I tell the bank reps that I'm recording the call, then they hang up .... I just think it's terribly unfair that they can put whatever they want, I seemingly can't do anything about it, and this has prevented banks from giving me accounts which has impacted my life in a negative way.
I guess my point is, what leverage do I have with BOA in this situation, and in general? I'm quasi-familiar with consumer credit rights and laws, but it seems like playing by different rules when it pertains to consumer banking and reporting....Thanks in advance for any advice..
 
It just seems like there is no recourse..

You're correct.
You have little if any recourse against these OUTLAWS.


To cover myself I tell the bank reps that I'm recording the call, then they hang up .... I just think it's terribly unfair that they can put whatever they want, I seemingly can't do anything about it, and this has prevented banks from giving me accounts which has impacted my life in a negative way.

Being unfair or unreasonable isn't illegal.
These OUTLAWS have the ability to screw you royally, as you've discovered.




There are many ways to open checking accounts from institutions that do not use ScrewSystems!
Many local credit unions do not use ScrewSystems.
The same goes for savings & loans.
Some insurance companies (Allstate, State Farm, USAA offer checking accounts).
You can also open a checking like account using brokerage firms and sweep accounts.
Fidelity is one provider.

Try these (or Google options to ChexSystems, yourself for more):


http://www.chexaccount.com/solutions/non-chexsystems-banks/

http://www.travel-carhire.com/online/credit/22341.php

I guess my point is, what leverage do I have with BOA in this situation, and in general? I'm quasi-familiar with consumer credit rights and laws, but it seems like playing by different rules when it pertains to consumer banking and reporting....Thanks in advance for any advice..




None, absolutely none.
These OUTLAWS have created a way to harm you for not paying them.
He who has the gold, makes the rules.
Yet, when they screw up, they get enormous bailouts of our money.


It ain't fair, welcome to the REAL, REAL WORLD!
 
Thanks for the reply....

I expected to read most of that, however, I know that with with credit and collection activity, consumers are semi-protected by such things as the Fair Credit Reporting Act. And I know that if you, the consumer, follow certain protocol in responding and dealing with debt and debt reporting, you have a much stronger hand when dealing with these thugs.
I once used a template letter I found on an advice site to ward off collections on a debt I did not owe. I asked for all documents related to this alleged debt, and included citations to the FCRA, and warnings that future action against my credit score or any other adverse action against me will warrant legal action on my behalf...... There's nothing like this I can do? This applies strictly to credit & collection? Would a letter like this be moot? Isn't it up to them to prove why that wording is included in their Chexsystems report on me, and if they cannot provide me with the documents and information I'm requesting then don't I have the right to ask for those things to be removed?
 
Thanks for the reply....

I expected to read most of that, however, I know that with with credit and collection activity, consumers are semi-protected by such things as the Fair Credit Reporting Act. And I know that if you, the consumer, follow certain protocol in responding and dealing with debt and debt reporting, you have a much stronger hand when dealing with these thugs.
I once used a template letter I found on an advice site to ward off collections on a debt I did not owe. I asked for all documents related to this alleged debt, and included citations to the FCRA, and warnings that future action against my credit score or any other adverse action against me will warrant legal action on my behalf...... There's nothing like this I can do? This applies strictly to credit & collection? Would a letter like this be moot? Isn't it up to them to prove why that wording is included in their Chexsystems report on me, and if they cannot provide me with the documents and information I'm requesting then don't I have the right to ask for those things to be removed?

There is no legal right requiring anyone to open a checking account for you.
There is none for a credit card.

FCRA is nothing but a bunch of federal garbage.
You defeated the credit collections NOT because of FCRA, but because the bottom feeding collections agency had no proof that owed them.

It had to do with contract law, not that useless FCRA crap.
 
There is no legal right requiring anyone to open a checking account for you.
There is none for a credit card.
I understand that there is no protected right for me to open a checking account, but if faulty information has led to denial, then don't have a stronger recourse?

FCRA is nothing but a bunch of federal garbage.
You defeated the credit collections NOT because of FCRA, but because the bottom feeding collections agency had no proof that owed them.

It had to do with contract law, not that useless FCRA crap.

But in knowing the FCRA I forced them to asses my situation, and my contract. I'm sure the FCRA in most ways is impotent, however it empowers consumers that are familiar with it to shift the burden of proof on the debt to collector or debtor, in effect strengthening contract laws that apply.

I understand your pessimism, and agree with most of it .... I just want to know from an authority on this what kind of language to use, and any relative resources or information I can use to help myself...
 
I understand that there is no protected right for me to open a checking account, but if faulty information has led to denial, then don't have a stronger recourse?



But in knowing the FCRA I forced them to asses my situation, and my contract. I'm sure the FCRA in most ways is impotent, however it empowers consumers that are familiar with it to shift the burden of proof on the debt to collector or debtor, in effect strengthening contract laws that apply.

I understand your pessimism, and agree with most of it .... I just want to know from an authority on this what kind of language to use, and any relative resources or information I can use to help myself...


No one beats these crooks.
Google their name.
It would take a very wealthy person to fight this.
That is why the persist and survive.
 
:confused: Did anyone have any actual advice to the OP's issue? Other than defaming the obvious jack hole's who created the issue to start with... I had the same problem with BOA ~ I mean fraud, really? That should not be legal. We closed our account due to the fact that the company who processes their checks and debit cards sold our names and account information to someone... they "reassured" us that everything was taken care of, but I did not care. When we closed the account, things came through (yes it was stupid, and I panicked a bit much) and we got fee's along with returned items. I paid the return items, and have now paid off BOA through an agency. :mad:
 
Status
Not open for further replies.
Back
Top