To a private site on my own domain:
Bank Of Suck Site @ gopha.net
Saturday, June 27, 2009
Saturday, May 30, 2009
I Beat Bank of America & You Can Too
I was sent to collections with the dreaded Wolpoff & Abramson, LLC (now known as Mann-Bracken LLC and/or Axiant) and sucked into manditory arbitration with the National Arbitration Forum.
And I beat them.
This blog is dedicated to showing YOU how to beat them too.
And I beat them.
This blog is dedicated to showing YOU how to beat them too.
Sunday, February 24, 2008
Why do I think BofA hates consumers?
In a nutshell:
A charge was placed on my MBNA (now FIA Card Services/Bank of America) credit card after I had implicitly advised the merchant (a local contractor) and MBNA that I had revoked any implied permissions due to the fact that the contractor hadn't completed the job he was hired for and also had and caused a lot of damage to my home.
The CSR at MBNA had said the charge would be declined. She lied.
So I disputed the $6900.00 charge and sent MBNA a ton of of documentation to back up my case (including a post-job inspection report).
Of course the opposing merchant bank protested the chargeback. In his defense, the contractor merely supplied a couple of incomplete documents (you cannot tell what they are for or where they're from).
I followed up with MBNA (at this point Bank of America) every few weeks via phone to check and see how the dispute was progressing. They continually stated it was fine, and when asked stated I didn't need to send them anything else. Several times I recieved letters from Bank of America asking me to write them a letter stating that I was still disputing, but asking for nothing else. Each time I sent them the letters they asked for plus additional copies of the original documentation.
The day after yet another frustrating call to customer service, during which I was told the "rebuttal period" was over, Bank of America issued me a letter asking for the same documentation I had been sending over and over since the start of the dispute process 60 days earlier. But they apparently wanted it written in very specific verbiage. I received that letter on the date it was due. I called Bank of America and was told I was out of luck, the dispute was already closed in favor of the contractor. I asked for an extension and was denied even though I advised them I would get them what they needed.
I complained all the way to the Office of the Chairman. I was told they could do nothing for me, although one woman called the contractor on my behalf. He admitted fault, and offered a $300.00 settlement for the $5,000.00 worth of damage he'd done to my home.
Even that didn't sway Bank of America to believe me.
I've since found (through long hours of research) that many of their actions were violations of the TILA, FCRA and FCBA:
- Closing my account, without my permission, just because I filed the dispute
- Closing the dispute when I'd advised them I'd get them the documentation they wanted in the wording they wanted
- Reported the account negatively to the credit bureaus without first informing me they planned to do so
Right now the case is with the Office of the Comptroller of the Currency.
Bank of America claims on its website that they "take your business seriously and will do everything we can to help resolve a dispute in a timely and thorough manner" but in reality they have an anti-consumer bias and will do anything to keep the merchant banks happy, regardless of the pain and suffering it causes their own customers.
The purpose of this blog is to post ALL of my evidence. Every last shred of it. Telephone calls, paperwork... everything. You tell me (as we go along, there is a lot to post) if you think I got screwed or not.
* Note this blog was created February 2008, but many of the posts are backdated to when the events occurred for ease of reading/tracking.
A charge was placed on my MBNA (now FIA Card Services/Bank of America) credit card after I had implicitly advised the merchant (a local contractor) and MBNA that I had revoked any implied permissions due to the fact that the contractor hadn't completed the job he was hired for and also had and caused a lot of damage to my home.
The CSR at MBNA had said the charge would be declined. She lied.
So I disputed the $6900.00 charge and sent MBNA a ton of of documentation to back up my case (including a post-job inspection report).
Of course the opposing merchant bank protested the chargeback. In his defense, the contractor merely supplied a couple of incomplete documents (you cannot tell what they are for or where they're from).
I followed up with MBNA (at this point Bank of America) every few weeks via phone to check and see how the dispute was progressing. They continually stated it was fine, and when asked stated I didn't need to send them anything else. Several times I recieved letters from Bank of America asking me to write them a letter stating that I was still disputing, but asking for nothing else. Each time I sent them the letters they asked for plus additional copies of the original documentation.
The day after yet another frustrating call to customer service, during which I was told the "rebuttal period" was over, Bank of America issued me a letter asking for the same documentation I had been sending over and over since the start of the dispute process 60 days earlier. But they apparently wanted it written in very specific verbiage. I received that letter on the date it was due. I called Bank of America and was told I was out of luck, the dispute was already closed in favor of the contractor. I asked for an extension and was denied even though I advised them I would get them what they needed.
I complained all the way to the Office of the Chairman. I was told they could do nothing for me, although one woman called the contractor on my behalf. He admitted fault, and offered a $300.00 settlement for the $5,000.00 worth of damage he'd done to my home.
Even that didn't sway Bank of America to believe me.
I've since found (through long hours of research) that many of their actions were violations of the TILA, FCRA and FCBA:
- Closing my account, without my permission, just because I filed the dispute
- Closing the dispute when I'd advised them I'd get them the documentation they wanted in the wording they wanted
- Reported the account negatively to the credit bureaus without first informing me they planned to do so
Right now the case is with the Office of the Comptroller of the Currency.
Bank of America claims on its website that they "take your business seriously and will do everything we can to help resolve a dispute in a timely and thorough manner" but in reality they have an anti-consumer bias and will do anything to keep the merchant banks happy, regardless of the pain and suffering it causes their own customers.
The purpose of this blog is to post ALL of my evidence. Every last shred of it. Telephone calls, paperwork... everything. You tell me (as we go along, there is a lot to post) if you think I got screwed or not.
* Note this blog was created February 2008, but many of the posts are backdated to when the events occurred for ease of reading/tracking.
Wednesday, January 31, 2007
Dealing with Bank of America - January 2007
1/11/07 – Twice during the day the CSRs couldn't pull up my file.
On the 3rd try, after a 10 minute hold I spoke to "Nancy Brown" (audio upload pending)
She stated that the case had gone to VISA for pre-arbitration, and it could take up to 30 days for response. She couldn't tell me anything else because she doesn't work for arbitration. Of course not, she's not with VISA, right? That was an early clue that something was amiss.
It was supposedly sent to VISA on 1/3/07. She noted it costs fees on both sides, and one might decide not to fight it. She can’t say when I’d be notified, but it would be by letter. If I don’t like the decision or the "we can’t help" letter I have 30 days to write an appeal.
01/31/07 – I spoke to "Nancy Brown" (audio upload pending) yet again. She stated:
"The merchant wrote back in to us um we actually filed the pre-arbitration, they have to respond by February 11th. And then either accepting or declining, and then if they decline it, we you know push it further. If they accept it then the credit remains on your account. Resolved in your favor."
I asked "Who are we waiting for on February 11th? Are we waiting for VISA or the merchant?"
She replied: "For VISA"
When asked how I'd be notified she stated: "Um, I’m not sure if you get a call or you get a letter or what happens."
When I advised that this is 100% contrary to what I’d been told just recently, she said she didn’t know about that (I didn't tell her that she was the one I'd just talked to).
Ultimately, all the above turned out to be 100% lies.
On the 3rd try, after a 10 minute hold I spoke to "Nancy Brown" (audio upload pending)
She stated that the case had gone to VISA for pre-arbitration, and it could take up to 30 days for response. She couldn't tell me anything else because she doesn't work for arbitration. Of course not, she's not with VISA, right? That was an early clue that something was amiss.
It was supposedly sent to VISA on 1/3/07. She noted it costs fees on both sides, and one might decide not to fight it. She can’t say when I’d be notified, but it would be by letter. If I don’t like the decision or the "we can’t help" letter I have 30 days to write an appeal.
01/31/07 – I spoke to "Nancy Brown" (audio upload pending) yet again. She stated:
"The merchant wrote back in to us um we actually filed the pre-arbitration, they have to respond by February 11th. And then either accepting or declining, and then if they decline it, we you know push it further. If they accept it then the credit remains on your account. Resolved in your favor."
I asked "Who are we waiting for on February 11th? Are we waiting for VISA or the merchant?"
She replied: "For VISA"
When asked how I'd be notified she stated: "Um, I’m not sure if you get a call or you get a letter or what happens."
When I advised that this is 100% contrary to what I’d been told just recently, she said she didn’t know about that (I didn't tell her that she was the one I'd just talked to).
Ultimately, all the above turned out to be 100% lies.
Sunday, December 31, 2006
Dealing with Bank of America - December 2006
Bank of America has the worst hold times I have ever experienced.
12/06/06 - I spoke with "Lee Jones" (audio upload pending) via 866-883-0591. "Lee" told me that:
- "Well it won’t be accruing interest, because it doesn’t accrue any interest, and you’re not financially liable for the charge."
- "They’re gonna go to bat for you, or it wouldn’t have been adjusted. It wouldn’t have, uh, shown up as a credit for, uh..."
I asked him straight out if it was being considered a valid dispute and he stated "Yes, ma'am".
12/11/06 – Held for five minutes and hung up, then later a CSR stated there was no information in the system for me at all.
12/19/06 – Got statement from MBNA/BoA showing the credit.
12/21/06 – Came home to find I just missed a call from "Nancy Brown" at MBNA/BoA regarding the dispute. Called her back at 5:00 (2:00min) at 866-522-3256 and she read off that she got a rebuttal from the merchant that he said they did what they said they would do but I was never satisfied. She already mailed a letter since they didn't reach me at 4:30, and I should fax in my response to them when I get it.
12/23/06 – Got the letter from "Carolyn Williams" (upload pending) which was the first time I got to see any of the test results from the contractor's samples, which I never saw him take (he could have taken them from his own house). They were mislabeled (pre-test was the 2nd sample and post-test was the 1st). He included a letter in pidgeon English and a signature page from some document (purported to be the Anabec, Inc. warranty but without the 1st page who knows(?), as I still never got my own copy).
(I was later told that these incomplete documents were more convincing evidence than mine, even though my test results completely contradicted the contractor's).
12/26/06 – Faxed a six-page rebuttal letter to "Carolyn Williams" at 302-457-8007.
12/28/06 - I spoke with "Nancy Brown" and she said they didn't get it and I should re-fax it. I did. Later I spoke with "Candace" who said I should give it 24 hours.
12/29/06 – I was told they got the rebuttal fax.
12/06/06 - I spoke with "Lee Jones" (audio upload pending) via 866-883-0591. "Lee" told me that:
- "Well it won’t be accruing interest, because it doesn’t accrue any interest, and you’re not financially liable for the charge."
- "They’re gonna go to bat for you, or it wouldn’t have been adjusted. It wouldn’t have, uh, shown up as a credit for, uh..."
I asked him straight out if it was being considered a valid dispute and he stated "Yes, ma'am".
12/11/06 – Held for five minutes and hung up, then later a CSR stated there was no information in the system for me at all.
12/19/06 – Got statement from MBNA/BoA showing the credit.
12/21/06 – Came home to find I just missed a call from "Nancy Brown" at MBNA/BoA regarding the dispute. Called her back at 5:00 (2:00min) at 866-522-3256 and she read off that she got a rebuttal from the merchant that he said they did what they said they would do but I was never satisfied. She already mailed a letter since they didn't reach me at 4:30, and I should fax in my response to them when I get it.
12/23/06 – Got the letter from "Carolyn Williams" (upload pending) which was the first time I got to see any of the test results from the contractor's samples, which I never saw him take (he could have taken them from his own house). They were mislabeled (pre-test was the 2nd sample and post-test was the 1st). He included a letter in pidgeon English and a signature page from some document (purported to be the Anabec, Inc. warranty but without the 1st page who knows(?), as I still never got my own copy).
(I was later told that these incomplete documents were more convincing evidence than mine, even though my test results completely contradicted the contractor's).
12/26/06 – Faxed a six-page rebuttal letter to "Carolyn Williams" at 302-457-8007.
12/28/06 - I spoke with "Nancy Brown" and she said they didn't get it and I should re-fax it. I did. Later I spoke with "Candace" who said I should give it 24 hours.
12/29/06 – I was told they got the rebuttal fax.
Thursday, November 30, 2006
Dealing with Bank of America - November 2006
11/4/06 – Got home from work and found a pink registered mail slip with my last name spelled wrong on it. No name, just a zip code that I realized was Saugerties. I figured it was something legal and ignored it, because I don't sign for anything if I don't know the contents.
11/7/06 – I discovered substantial new staining and mold growth on the walls and mold on other surfaces in the basement. I took pictures and wrote a new letter to the merchant that stated both that I wasn't going to pay at all and that I was refusing to sign for the registered letter as I was under advisement not to.
11/13/06 - Got home from work and found a 2nd delivery with the wrong last name on it. This one had a partial name of the contractor on it. I waited for another contact.
11/20/06 – I got a statement from Bank Of America (frmr. MBNA) with a $6900 charge on it – transaction date 10/25, posting date 10/27. I just about flipped.
I called customer service. They transferred me to "Lucretia McGill" in approvals.
She stated that "Lisa" had noted in the account that she had told me on 10/24 that the charge would go through – because I gave the merchant the card, which implies approval.
This is a lie, as "Lisa" never said that at all.
I told her I'd have called back and cancelled my card right then if "Lisa" had said that.
I wondered aloud why (during the week the contractor was at my house) I needed to call card services to approve the charge (three times) if approval is implied from the start. "Lucretia McGill" didn't know (yet she works in the approvals department) and referred me to billing disputes, but they were already closed for the day.
I stated to her before hanging up that "maybe I should just cancel my card if this is the service I’ll be getting".
She replied, "Okay it is now cancelled. Cut up the card, and destroy any courtesy checks you might have received. Have a nice night, and goodbye".
I have since found out this is a big no-no according to the Fair Credit Billing Act.
11/21/06 – I called 866-883-0591, which is the BofA disputes department. I spoke with "Kara Jenkins" (audio upload pending). She advised me amongst other things that:
- It was definately a "quality of service" dispute (this would come back to bite me in the ass many times, and they must be trained to give this bad/wrong advice just to screw the consumer out of their rights because it is so hard to dispute on this basis).
- Once it is "placed into dispute I was no longer responsible for the charge" (she said that twice)
- That I'd "receive a letter asking for any other information that we may need". (This would prove to be the biggest mistake they made and the costliest for me).
At that point I still hadn't gotten my warranty from the contractor and he'd already been paid.
11/26/06 – I e-Faxed 33 pages to the attention of the BofA disputes department.
11/28/06 – I called BofA and spoke to "Laurie" via 866-883-0591 who said it was "too early" and she doesn't see the fax – they have an efax too. She would note the account that I called. I tried later and had to hang up because of a long hold time.
Later that day "Sharon" at 866-883-0591 stated they got the fax. She said that the contractor could request arbitration with Visa at any point. They would do everything on my behalf, and we were at the "mid-point" of the dispute process.
11/7/06 – I discovered substantial new staining and mold growth on the walls and mold on other surfaces in the basement. I took pictures and wrote a new letter to the merchant that stated both that I wasn't going to pay at all and that I was refusing to sign for the registered letter as I was under advisement not to.
11/13/06 - Got home from work and found a 2nd delivery with the wrong last name on it. This one had a partial name of the contractor on it. I waited for another contact.
11/20/06 – I got a statement from Bank Of America (frmr. MBNA) with a $6900 charge on it – transaction date 10/25, posting date 10/27. I just about flipped.
I called customer service. They transferred me to "Lucretia McGill" in approvals.
She stated that "Lisa" had noted in the account that she had told me on 10/24 that the charge would go through – because I gave the merchant the card, which implies approval.
This is a lie, as "Lisa" never said that at all.
I told her I'd have called back and cancelled my card right then if "Lisa" had said that.
I wondered aloud why (during the week the contractor was at my house) I needed to call card services to approve the charge (three times) if approval is implied from the start. "Lucretia McGill" didn't know (yet she works in the approvals department) and referred me to billing disputes, but they were already closed for the day.
I stated to her before hanging up that "maybe I should just cancel my card if this is the service I’ll be getting".
She replied, "Okay it is now cancelled. Cut up the card, and destroy any courtesy checks you might have received. Have a nice night, and goodbye".
I have since found out this is a big no-no according to the Fair Credit Billing Act.
11/21/06 – I called 866-883-0591, which is the BofA disputes department. I spoke with "Kara Jenkins" (audio upload pending). She advised me amongst other things that:
- It was definately a "quality of service" dispute (this would come back to bite me in the ass many times, and they must be trained to give this bad/wrong advice just to screw the consumer out of their rights because it is so hard to dispute on this basis).
- Once it is "placed into dispute I was no longer responsible for the charge" (she said that twice)
- That I'd "receive a letter asking for any other information that we may need". (This would prove to be the biggest mistake they made and the costliest for me).
At that point I still hadn't gotten my warranty from the contractor and he'd already been paid.
11/26/06 – I e-Faxed 33 pages to the attention of the BofA disputes department.
11/28/06 – I called BofA and spoke to "Laurie" via 866-883-0591 who said it was "too early" and she doesn't see the fax – they have an efax too. She would note the account that I called. I tried later and had to hang up because of a long hold time.
Later that day "Sharon" at 866-883-0591 stated they got the fax. She said that the contractor could request arbitration with Visa at any point. They would do everything on my behalf, and we were at the "mid-point" of the dispute process.
Tuesday, October 31, 2006
Dealing with MBNA - October 2006
10/22/06 – I checked my MBNA account via phone (yet again), and no charge had been placed from the contractor.
10/23/06 – I got the aforementioned message from the contractor that MBNA wanted me to call. (Audio pending upload)
I called MBNA and held for 15 minutes during my dinner break at work.
I spoke to a CSR named "Sheri" who saw the contractor's name in my file as he had indeed called. There were no notes that MBNA had told him to tell me to contact him.
I was transferred to the approval's department and advised "Lisa" that I did not authorize the charge, and why.
I advised her that the contractor damaged my home, and he could deal with me directly if he wanted to get paid.
"Lisa" stated she understood and that the charge wouldn't be authorized.
10/26/06 – I started to compose a letter to the contractor in expectation of a call or letter in regards to the continued refusal of the card. It took a few days to get it "right" and then I had printer issues.
10/30/06 – Mailed the following letter to the contractor (personal information removed and replaced with general terms) which included images of the new mold, the damage and the inspector's report and testing results:
On the dates of 9/18/06-9/23/06 your company did a ‘mold remediation’ at my residence.
You were supplied with a valid credit card but had trouble with your new card processing company. At your request I twice checked the validity of the card and credit line and determined that it was not the issue.
Prior to the 10/23/06 answering machine message in which you stated that you had contacted my card holder and they needed me to call, I had not, verbally or in writing, been contacted by you or your representatives, to state a continued problem with the card, its processing, and/or to seek other payment options for the mold remediation.
I contacted MBNA that same evening and was told by Lisa in Approvals that (contractor's name redacted) had stated he’d tried many times to contact me. I advised her this was untrue, and that I did not approve the charge.
It is for the following reasons that I will not be paying you the $6900 (tax inclusive):
- As we discussed on 9/23, the job was not completed to my personal satisfaction.
- Within forty-eight hours, a professional visual inspection found old, active mold growth in several obvious areas. Swab and air tests found significant active mold and moderate debris. (See enc).
- Three independent, highly skilled resources have advised me that the Dry-Lok you applied (and I had questioned your use of several times) will without a doubt, and sooner than later, cause serious perhaps even irreparable damage to the basement walls if it is not professionally removed.
- The above fact has reduced the property's market value, possibly to the extent of thousands of dollars.
- The Anabec warranty is already void due to broad water leakage through (and minor physical damage to) the Dry-Lok'd portion of the wall which abuts the driveway.
- I was left to remove the kitchen "containment" area alone. This released significant spores out into the living space, as evidenced by mold that began to grow on several refrigerator magnets within days.
- Your crew knocked out the water heater, blew a fuse, and caused a water leak at the main intake valve.
- Some of the wood beams left behind have significant damage from the removal of the wood screws.
- You and your crew were late every day, and left early. The job took three days longer than promised.
I could go on. The above items are more than enough reason for me to dispute the charges in total. However, as I am a reasonable person, I am willing to work with you directly on a settlement that will be fair to the both of us.
In accordance with the FDCPA, please consider this letter as official notice that I do not wish to have any future phone contact with or receive calls from your company, its legal representatives, or any third party vendors or collection agencies. Any communication or requests may be submitted in writing via US postal mail.
Please respond at your convenience in regards to discussing an adequate settlement.
10/23/06 – I got the aforementioned message from the contractor that MBNA wanted me to call. (Audio pending upload)
I called MBNA and held for 15 minutes during my dinner break at work.
I spoke to a CSR named "Sheri" who saw the contractor's name in my file as he had indeed called. There were no notes that MBNA had told him to tell me to contact him.
I was transferred to the approval's department and advised "Lisa" that I did not authorize the charge, and why.
I advised her that the contractor damaged my home, and he could deal with me directly if he wanted to get paid.
"Lisa" stated she understood and that the charge wouldn't be authorized.
10/26/06 – I started to compose a letter to the contractor in expectation of a call or letter in regards to the continued refusal of the card. It took a few days to get it "right" and then I had printer issues.
10/30/06 – Mailed the following letter to the contractor (personal information removed and replaced with general terms) which included images of the new mold, the damage and the inspector's report and testing results:
On the dates of 9/18/06-9/23/06 your company did a ‘mold remediation’ at my residence.
You were supplied with a valid credit card but had trouble with your new card processing company. At your request I twice checked the validity of the card and credit line and determined that it was not the issue.
Prior to the 10/23/06 answering machine message in which you stated that you had contacted my card holder and they needed me to call, I had not, verbally or in writing, been contacted by you or your representatives, to state a continued problem with the card, its processing, and/or to seek other payment options for the mold remediation.
I contacted MBNA that same evening and was told by Lisa in Approvals that (contractor's name redacted) had stated he’d tried many times to contact me. I advised her this was untrue, and that I did not approve the charge.
It is for the following reasons that I will not be paying you the $6900 (tax inclusive):
- As we discussed on 9/23, the job was not completed to my personal satisfaction.
- Within forty-eight hours, a professional visual inspection found old, active mold growth in several obvious areas. Swab and air tests found significant active mold and moderate debris. (See enc).
- Three independent, highly skilled resources have advised me that the Dry-Lok you applied (and I had questioned your use of several times) will without a doubt, and sooner than later, cause serious perhaps even irreparable damage to the basement walls if it is not professionally removed.
- The above fact has reduced the property's market value, possibly to the extent of thousands of dollars.
- The Anabec warranty is already void due to broad water leakage through (and minor physical damage to) the Dry-Lok'd portion of the wall which abuts the driveway.
- I was left to remove the kitchen "containment" area alone. This released significant spores out into the living space, as evidenced by mold that began to grow on several refrigerator magnets within days.
- Your crew knocked out the water heater, blew a fuse, and caused a water leak at the main intake valve.
- Some of the wood beams left behind have significant damage from the removal of the wood screws.
- You and your crew were late every day, and left early. The job took three days longer than promised.
I could go on. The above items are more than enough reason for me to dispute the charges in total. However, as I am a reasonable person, I am willing to work with you directly on a settlement that will be fair to the both of us.
In accordance with the FDCPA, please consider this letter as official notice that I do not wish to have any future phone contact with or receive calls from your company, its legal representatives, or any third party vendors or collection agencies. Any communication or requests may be submitted in writing via US postal mail.
Please respond at your convenience in regards to discussing an adequate settlement.
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