Consumer complaint received 2015-10-23
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: AZ
Product: Debt collection
Sub-product: Credit card
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I am at the trial phase of a debt collection case filed by XXXX XXXX XXXX that is using a debit collection attorney to represent them. The account was issued XXXX different account numbers during the life of the account. The fourth account number is the charged off number. The account was opened in XXXX/XXXX/XXXX and was charged off in XXXX XXXX. They do not have the last XXXX numbers to the account for first 21 months of the account. When I brought this up at XXXX of the hearings, we are going on our third trial date, the plaintiffs attorney was completely surprised. I am representing myself at trial and I am not doing a very good job what so ever. But what I do know for a fact that if a party files a motion for any reason that motion is to be sent to the other party so they may object to the motion. The plaintiffs attorney had disclosed in its list of trial witnesses a person whom is the custodian of records c/o XXXX stating '' this witness will testify as to the assignment of the debt, the amount currently due and owing, and to as to all correspondence or communication between plaintiff and defendant regarding this debt. Plaintiff hereby gives notice that this witness 's testimony may reference documents that are records of regular conduct activity pursuant to rules 803 ( 6 ), 807, and 902 ( 11 ) of the Arizona rules of evidence. Please direct any communication for this witness to Plaintiff 's counsel. '' There was an affidavit from this person stating that " the seller of the account warranted the account to plaintiff at the time of the assignment and based on that warranty, plaintiff gave defendant written notice of the amount at or about the time of the assignment. '' This statement is completely false and I will bring it to the attention of the court. The Plaintiffs attorney never sent me the Motion it field with the court requesting a telephonic witness testimony of this witness. I brought this up at trial and was ignored. I happened to stumble over the recent Consent Order issued by cfpb against XXXX XXXX XXXX and after review I recognized several of the issues described, like paragraph XXXX that were in violation were taking place in and during my case and trial. I am going to bring the Consent Order to the attention of the judge at my trial date XXXX/XXXX/XXXX. I have a question, when doing so and clearly proving that XXXX is violating the Consent Order is that grounds for the case to be dismissed.I checked off attempted to collect wrong amount because I have been included in a couple of class action settlements against FIA Card Services and was given a pro rated amount which would make the amount uncertain to collect. I have admitted to the court that this was my debt how could I not.Before the debt was charged off the original creditor offered me in a letter stating if I would pay XXXX by XXXX/XXXX/XXXX it would not charge off the debt. I made the payment on XX/XX/XXXX but they posted the payment on XX/XX/XXXX and charged off the account anyways. I hope that my issues will not be considered frivolous. The problem with the justice system is consumers are in the predicament because of financial difficulty so they can not hire attorneys to represent them. If a court appointed attorney could be appointed just for observation to the trial proceedings it would be of great help in preventing a consumer from losing the case because they did not present there case correctly. Thank you for your time and wish me luck on Monday, I will need it.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation