Consumer complaint received 2018-08-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: SC
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Papers was served at my parents address in XX/XX/XXXX. It was given to my step father not me ( defendant ). I was summoned to answer allegations within thirty days from the first day of receipt pop the summon. Papers was filed XX/XX/XXXX and I was given less than thirty days to respond. I respond to the attached paper worked and disputed the amount ( {$3100.00} ) that was owned. I was instructed to file an answer with the magistrate court. 

I received a letter dated XX/XX/XXXX from XXXX XXXX XXXX stating that we are in " settlement discussions ''. I never spoke with anyone about a settlement at that time. The letter also read that an offer was made to the defendant. It read the " The Plaintiff would request a continuance for 14 days. 

I called the magistrate office to seek legal help. Wasn't able to get any legal representation. Being that I did not understand any of the court proceedings or terms that was used. I then attempted to call XXXX XXXX   XXXX to get a better understanding of what this company wants. I spoke with a few agents not sure the names. I then was transferred to one of their reps and or XXXX. I can not remember the correct name. I was instructed by him that I would need to settle my debt with Bank of America.  I assured hi that this debt was placed and charged off on my credit. He gave me 2 payment plan options that exceeded my ability to pay. 1st ( {$88.00} for 24 months ) 2nd ( {$60.00} for 36 months ) I told him I am unemployed and I will not be financially able to pay either amounts. I then told him I can pay no more than $ 25-40 a month. He then said he will talk to his client and call me back. 

I got a call back within a few days. He said that his client can not except that offer and I would have to choose between the option I was given or a judgement will be filed against me. I told him its a settlement that would get me up for failure. I declined the offer and told him I need a better understanding of the request. 

I later received a letter that a bench trial was scheduled XX/XX/XXXX. In fear of not having the correct knowledge to defend myself. I called XXXX XXXX XXXX to try and settle this matter. 

I did not have the correct knowledge of a judgment or how damaging it can be to my credit. I was afraid if I didn't comply I would be be stuck with ruin credit and everything will be garnish. I was scared into making a settlement that I could not financially keep up with. I felt like I had no choice and their was no consideration due to the fact that I was unemployed and a single mother barely making it. 

The scared tactic that was brought to me gave me no choice but to take what settlement they offered me even if it would ruin my financial ability to take care of me and my child. 
I told him I would go with the {$88.00} a month which would be XXXX and he instructed that I would have to sign paperwork and mail it back. When I receive the paper work there was a Confessions of Judgement that I was supposed to sign for the term amount of {$3000.00} plus {$80.00} in court cost. If I fail to comply the judgement will be placed against me and I will have to pay {$3000.00} instead of agreed amount {$2100.00}. I did not agree too this request while speaking on the phone. The Plaintiff was taking advantage of the fact that I do not have much knowledge of legal procedures and terms. I did not sign paperwork and did not agree to the terms. 

I then receive a letter dated XX/XX/XXXX saying that I received paper work and I failed to return settlement paperwork. The Plaintiff ask the court to place the car back on the docket for come time in late XX/XX/XXXX. These request for a trial date and consistent court threats is causing emotional distress. I am currently unemployed and looking for work. At this point I need some time of help and legal counseling. I did not understand any of the paper work that was sent to me. As I read the documents it basically putting me in a financial bind. I cant keep going back in forth with this debt collector. I have researched this company and it has been over 75 claims filed against this company in XX/XX/XXXX. This company was sued by CFPB under the name XXXX XXXX XXXX XXXX XXXX. This company was sued for 3.1 million and was force to close. Now they operate under XXXX XXXX XXXX and they have been sued by FDCPA 11 times. They are forcing me to pay a debt to them that I don't owe them. Bank of America is barely mention in my paperwork and they are asking for payment to go to their company. This is a debt collector will try and get your money after the account have been settled.

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 explanation