Debt collection -- Attempts to collect debt not owed -- Complaint #5016786

Complaint Overview

Complaint ID: 5016786

Company: Bank Of America, National Association

Product: Debt collection

Sub-Product: Credit card debt

Issue: Attempts to collect debt not owed

Sub-Issue: Debt was paid

State: Texas

ZIP Code: 76053

Date Received: 2021-12-16T12:00:00-05:00

Date Sent to Company: 2021-12-16T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: No

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

On XX/XX/2021, I sent Bank of America , National Association a tender/money order for special deposit as a non cash item ( 12 CFR 229.2 ( u ) ) in full settlement of the alleged obligation of {$6000.00} in accordance with 12 CFR 204.2 ; U.C.C. 3-601 ; U.C.C. 3-603 ; U.C.C. 3-604 ; and U.C.C. 3-311. On XX/XX/2021, I called and spoke to an agent about the issue. The agent called it a missing payment and stated they had opened an investigation regarding the missing payment. I received correspondence from Bank of America , National Association dated XX/XX/2021 following the phone call stating I needed to send a legible copy of the tender and also prompting me to make a replacement payment to avoid any fees or interest charges. This is an individual act against 15 USC 1692f. I sent the XX/XX/2021 tender/money order for special deposit as a non cash item via USPS REGISTERED Mail, allowing USPS to act as a 3rd party witness of the sending and receiving of the tender. Upon checking the tracking number via the USPS website, I saw the tender was in fact delivered on XX/XX/2021, to the correct address provided on the payment instructions, although Bank of America , National Association was claiming to have not received it. On XX/XX/2021, my account had not been adjusted in accordance with the tender nor had I received proper notice of dishonor from Bank of America , National Association. In the event Bank of America, National Associations dishonor through nonperformance and nonresponse was unintentional or due to reasonable neglect, mistake, or impossibility, On XX/XX/XXXX I sent a Notice of Default and Opportunity to Cure attached with proof of payment, and gave Bank of America , National Association the opportunity to send confirmation that my account and open end credit plan had been adjusted in accordance with the tender in full settlement of the alleged obligation sent on XX/XX/2021 or send a proper Notice of Dishonor to allow me to cure any defects. This time, in addition to sending it to the XXXX XXXX address I was provided in the correspondence dated XX/XX/2021, I sent it to Bank of America , National Association headquarters ATTN : XXXX. As of XX/XX/2021, Bank of America , National Association has not responded to either Notice of Default and Opportunity to Cure I sent on XX/XX/2021. On XX/XX/2021, I sent Bank of America , National Association a Affidavit of Truth attached with six ( 6 ) Exhibits ( all correspondence stated in this complaint, including tracking information regarding correspondence sent from myself to Bank of America , National Association ), sent via Certified Mail by Notary Public, including a commercial oath and verification, with statements of truth in fact regarding all communications already stated in this complaint as well as several individual acts against the laws that protect myself as the consumer against debt collectors like Bank of America , National Association under Title 15 of the United States Code. Bank of America , National Association is in receipt of this Affidavit of Truth as of XX/XX/2021 but has not rebutted any statement of truth in fact stated in the Affidavit. On XX/XX/XXXX, I sent Bank of America , National Association a Notice of Billing Error pursuant to 12 CFR 1026.13. In said Notice, I demanded documentary evidence from Bank of America , National Association on the public and private side, showing accounts receivable and payable, to which I have a right to receive pursuant to 12 CFR1026.13 ( a ) ( 6 ). As defined in 15 U.S. Code 44, documentary evidence is all documents, papers, correspondence, books of account, and financial and corporate records which involve all derivatives, assignees, and hypothecations in connection with the name on the account. The documentary evidence that Bank of America , National Association is obligated to provide is to clarify who funded the account and how much is owed according to the journal and ledger entries from the opening date of this account as described in IRS Publication 583 and in accordance with Generally Accepted Accounting Principles ( GAAP ). Bank of America, National Associations failure to comply with the requirements of clarifying documentary evidence, both public and private ledger, will make the organization civilly liable under 15 U.S. Code 1693m for any actual damage against I, the consumer and criminally liable under 15 U.S. Code 1693n. Notice in fact, according to 12 CFR 1026.13 ( d ), Bank of America , National Association may not collect any disputed amount, restrict, accelerate payment, close an account, or threaten any adverse reporting to any person about the consumers credit reporting without resolving the billing error. The said code also states that I, the consumer, do not need to pay any disputed amount. Bank of America, National Associations failure to comply with the requirements will forfeit its right to collect pursuant to15 U.S. Code 1666 ( e ). Fact, I am also aware that my account from Bank of America , National Association is an open end credit plan. Pursuant to 15 U.S. Code 1602 ( j ), an open end credit plan is a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. I am aware that 15 U.S. Code 1637 ( b ) ( 1 ) and 15 U.S. Code 1637 ( b ) ( 8 ) states that each statement shall have an outstanding balance at the beginning and the end of the statement period which constitutes a billing error. Bank of America , National Association is in receipt of this Notice of Billing Error as of XX/XX/2021 as verified by USPS return receipt, as has yet to provide me with the documentary evidence. In correspondence from Bank of America , National Association dated XX/XX/2021, Bank of America , National Association states Weve made the decision to close your credit card account. Bank of America , National Association has no authority to authorize use of my credit card or ANY account associated with my open end credit plan pursuant to 15 U.S. Code 1602 ( p ) - unauthorized use. In addition, this is an individual act against 15 U.S. Code 1691 ( a ) ( 3 ) and constitutes discrimination in which Bank of America , National Association is civilly liable pursuant to 15 U.S. Code 1691e. Civil liability under this code is up to and more than {$10000.00} pursuant to 15 U.S.Code 1691e ( a ) ( b ). In accordance with 15 USC 1692c ( d ), I, consumer in fact, am invoking my administrator and executor status over this matter and is of the age of majority. It is also a fact Bank of American, National Association is a corporation and is always considered a minor. Corporations who are considered minors have no legal standing or jurisdiction.

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