Consumer complaint received 2018-10-18
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Problem with personal statement of dispute

Complaint:
On XX/XX/2018 i went to apply for a loan. I was denied and stated that i would receive a letter about the adverse statement. 

On XX/XX/2018 I went and downloaded my three credit reports to see what was going on and what adverse event had occurred. On all three of my credit reports XXXX, XXXX and XXXX there was a " potential Adverse '' report from Bank Of America stating I had a 30 day late in XX/XX/2018 for XXXX. I immediately filed a dispute with each agency. 

I was not aware of this late payment being reported until I was turned down for the loan. 

On XX/XX/2018 I immediately called Bank of America to have them remove this late payment from my credit report. I have an excellent credit history with them. I explained that I was traveling for my job extensively in XXXX and wasn't aware that my account was past due. I explained during the end of XXXX i was all the across the country in XXXX Washington for work and a personnel family matter. The customer service representative said she file a dispute with their credit department and they would decide. As she was processing she stated the dispute did not go through and she would connect me directly with the department. 

I was put through and a man answered. I explained the above and he said no they could not remove the late as they are required by law to report accurate information to the credit bureaus. I stated the information was not accurate because of my travel and that i did not receive any alerts to notify me. He stated it is not the banks responsibility to alert me. I told him i would hang up and call back to someone who was logical. 

I calmed down again and called back. I got another Customer service rep and repeated the story. She filed a dispute that went through and told me i would hear in about 7-10 days. She stated that they should reverse the late because of my reasons given. 

On XX/XX/2018 and after careful thought and some research i wasn't sure of the outcome. Therefore, i wanted to bring this to the attention of the CEO of the Bank I believe this late payment was two fold bank error and external issues such as travel and a personnel family matter. 

On XX/XX/2018 I wrote the CEO the following letter and simultaneously five of his executive officers : RE : Bank Credit Card Ending # XXXX Request for Removal of one time  Late Payment by BoA from all Three Credit Bureaus XXXX  ; XXXX  and XXXX   Dear XXXX I wanted to contact you for consideration of my plight. I do believe Bank reported inaccurate information to the three credit bureaus respectfully known as XXXX ; XXXX and XXXX for a late payment deemed as thirty days past due in XX/XX/2018. 

Background : I have been a customer of BoA starting back with XXX Bank. Not sure of the exact years but they are many. So you may ask why didnt I leave or change banks through all those years. My answer to that question is that BoA was the only bank that had real customer service. They did not judge you if a mistake was made and tried to do everything to help you out. It was real and that is the best way I can describe it. I was always treated with the upmost respect and the respect was and is mutual. Therefore, I have always been a loyal customer. 

Over the years my job has gotten more and more responsible and currently I travel quite frequently at least two to three times a month for work. Therefore, I set up alerts for my credit card accounts just in case I forget or can not as I am in there air or for other situations such as in this case a combination personnel family matter which occurred at end of XX/XX/2018 in XXXX Washington. 

Situation : I have been in good standing with BoA for the past many years. Sometime around XXXX XX/XX/2018 we ran into a snag. I grew to depend on the alerts to let me know that payment was due and acted accordingly. 

As a busy professional that travels alerts come in handy. I did not receive any alerts for in XX/XX/2018 or in XX/XX/2018. Therefore, I assumed I paid this card. I have many cards with alerts set up. I was traveling a lot due to work and combined work and personnel family issue the end of XX/XX/2018. I have attached my itineraries for proof of my travel. 

Facts I receive constant alerts from BoA and have grown to depend on them. 
I received no Email Alerts in XX/XX/2018 or XX/XX/2018 from BoA that account was past due ( see attached ) Due to my extensive travel in XX/XX/2018 ( see attached ) I was not home consistently to receive mail notices I received no phone calls at all in either XX/XX/2018 to notify me of the late payment and or the that I was in danger of having my late payment reported on my credit as I am a preferred customer. 
Attached are clips from my bank statement for XX/XX/2018 ( attached ) showing I had the money to pay the card if I would have received a call to advise me my payment was late or received an email alert I would have and could have paid it. 

Ironically I received an alert recently that my new credit card was coming on XX/XX/2018 ; but no alerts that my payment was past due. 

Situation I returned home from my trip to settle Washington on XX/XX/2018 and picked up my mail. It was at this time that I was aware that {$300.00} XXXX XXXX past due on my BoA account. I immediately paid the past due of XXXX XXXX which cleared on XX/XX/2018. 

I did not realize this was reported to my credit until I just recently applied for a loan and simultaneously got denied. I was in good standing for years! Now this adverse payment has set me back 7 years for no reason. I had the money. I immediately went to annual credit report online and downloaded the three credit reports. All of them had one adverse report for BoA claiming 30 days late in XX/XX/2018. I had no idea this occurred. I believe what was reported to the credit bureau is not accurate information if it does not present all the facts that lead up of the default. 

I believe BoA processes and procedures failed the customer this time. 

Therefore, I would like to request that BoA remove the late payment in XX/XX/2018 on all three of the credit bureaus XXXX, XXXX XXXX and XXXX due to creditor related mistakes and external factors that led up to the late payment. In addition, to make sure this never happens again I will agree to automatic payments if you would please remove this adverse remark from my credit report. 

Thanking you in advance and with all due respect. BoA is the only adverse account now on my credit report. Can you kindly help me with this matter by removing the late payment from all three credit bureaus XXXX, XXXX  and XXXX? I would appreciate a prompt response if possible. I can be contacted via phone ; email and text. 

On XX/XX/2018 i received a phone call from Bank of America Customer Service to call them. I did not know if it was from the first customer service dispute filed or from the CEO letter i sent. 

I returned the call on XX/XX/18 and it was the customer service department who put me on hold and a random service agent answered. I explained what i thought the call was about and she said hold on. She got back on the phone and said yes that she wanted to advise me that they wont remove the late payment. I said why? She said she didn't know at first she then said they were going to remove it and then didn't and did not know why she was sorry. 

I said i have a right to know why she said hold on - came back on and stated because they checked the mail and no return statements so the late payment was not due to bank error. 

I then said i explained i was traveling i would not get my mail - she said sorry. I then said i sent a letter to the CEO explaining everything. She said sorry. I then said what about my alerts no one sent me an alert or gave me a phone call? she said they are not required to give alerts. I said i signed up for them and sent proof ( attached ) sent proof of travel ( attached ) and challenged her on the phone calls prove you tried to contact me via phone. She said we did today I said that's after the fact and whats your name i cursed and said I would report this as a bank error and unfair treatment. She gave me her name. 

On XX/XX/XXXX, I sent a second request to the Bank America CEO - no response from his office. Completely ignored. 

On XX/XX/XXXX I got home and trans union said my results were in. I logged in and there it was late payment verified by Bank. Then it said it made an adjustment that XXXX payment was unknown. This is an error I have proof of payment for both XX/XX/2018 and XX/XX/2018 now they are playing with my credit. The status states current confusing!!!!!!! What are the grey X 's?

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with non-monetary relief