Debt collection -- Attempts to collect debt not owed -- Complaint #18277276
Complaint Overview
Complaint ID: 18277276
Company: Bank Of America, National Association
Product: Debt collection
Sub-Product: Auto debt
Issue: Attempts to collect debt not owed
Sub-Issue: Debt was paid
State: South Carolina
ZIP Code: 29016
Date Received: 2025-12-24T12:00:00-05:00
Date Sent to Company: 2025-12-24T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
I conditionally accept any and all claims, allegations, statements, demands, billing assertions, or representations made by Bank of America. regarding any account, obligation, or alleged debt bearing my name, upon strict proof and full performance of the conditions set forth herein. This Conditional Acceptance is issued without prejudice, with all rights expressly reserved pursuant to UCC 1-308, and is issued contemporaneously with my Affidavit of Truth, which is incorporated herein by reference as if fully set forth. CONDITIONS OF ACCEPTANCE My acceptance is expressly conditioned upon Bank of America timely production of the following : 1. Proof of Standing and Authority Provide sworn, documentary evidence establishing : a. That Bank of America. is the current lawful creditor, holder in due course, or party entitled to enforce the alleged obligation ; b. That no assignment, transfer, sale, pledge, or securitization has divested Bank of America of standing ; or c. If any such transfer occurred, full identification of all assignees, trustees, beneficiaries, and servicers. 2. UCC 9-210 Full Accounting Provide a complete accounting in compliance with UCC 9-210 , including but not limited to : All assignments, transfers to trust or trustee bank, or sales of the account or receivable ; Dates and consideration paid for each transaction ; Ledger-level entries showing all credits, offsets, proceeds, and profits ; Identification of any security interest, collateralization, or monetization. 3. GAAP / ASC 860 Accounting Provide a GAAP-compliant accounting, including : Whether the account was treated as a sale or secured borrowing under ASC 860 ; Whether the receivable was removed from Bank of America balance sheet ; Any retained interests, servicing rights, residuals, insurance, or credit enhancements ; Reconciliation of any remaining balance after application of all proceeds. 4. Securities Law Disclosures Provide disclosure and documentary support identifying : All SEC filings ( including Forms 10-K, 10-Q, 8-K, S-3, S-1, and Regulation AB disclosures ) referencing receivables of the class to which my account belongs ; Any securitization trust, pool, SPV, or asset-backed security containing my account ; Pooling and Servicing Agreements, prospectuses, and trust documents ; Dates my account was transferred, deposited, or pledged. 5. Proof Against Double Recovery Provide sworn proof that Bank of America. has not : Received payment, proceeds, insurance, guarantees, or trading profits related to the account ; Engaged in double recovery or unjust enrichment by collecting from both the market and me ; Continued collection or reporting after the obligation was satisfied, offset, or extinguished. TIME FOR PERFORMANCE Bank of American. is granted XXXX ( XXXX ) days from receipt of this Conditional Acceptance to fully perform each condition stated herein. Failure to timely and fully perform shall constitute : Non-acceptance of the conditions ; Agreement by acquiescence that the account has been satisfied, paid, or extinguished ; Admission that Bank of America lacks standing and lawful authority to enforce or report the alleged obligation. EFFECT OF NON-PERFORMANCE In the event of non-performance, incomplete performance, or reliance upon internal policy in lieu of lawful justification, I will proceed accordingly, including but not limited to : Assertion that the obligation is discharged or unenforceable ; Invocation of remedies under UCC Article 9, federal securities law, and consumer protection statutes ; Use of this Conditional Acceptance and the accompanying Affidavit of Truth as evidence in arbitration or court proceedings. NO WAIVER NO CONSENT Nothing herein shall be construed as : An admission of liability ; Consent to securitization or assignment ; Waiver of any rights, claims, or defenses. All rights are expressly reserved. Respectfully, Sebastin Thomas Without Prejudice UCC 1-308 ATTACHED IS THE AFFIDAVIT OF TRUTH
Frequently Asked Questions
What is Complaint #18277276 about?
Complaint #18277276 was filed against Bank Of America, National Association regarding Debt collection specifically about Attempts to collect debt not owed. It was received by the CFPB on 2025-12-24T12:00:00-05:00.
How did Bank Of America, National Association respond to this complaint?
The company responded with: "Closed with explanation". The response was timely.
What is the risk level of this complaint?
See the risk assessment section for details on this complaint's risk profile.
How do I file a similar complaint?
You can file a complaint with the CFPB at consumerfinance.gov/complaint. Select the appropriate product category (Debt collection) and describe your issue in detail.
Can I see other complaints against Bank Of America, National Association?
Yes, visit the Bank Of America, National Association company profile at readthecomplaint.com/company/bank-of-america-national-association to see all complaints, risk scores, and analysis.
Disclaimer
This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.