Consumer complaint received 2023-07-19
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: VA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem when making payments
Sub-issue: Problem during payment process

Complaint:
Complaint Summary Bank of America continues to report my credit cards ending in XXXX and XXXX past due when I have made payment plans with the Bank on both credit cards and payed as agreed. 

The Bank maintains that they have no record of payment plan agreements and will continue to call me demanding payments. 

In fact, the Bank has full and complete evidence that they established payment plans on both credit cards and validated their existence by attaching funds from my designated payment bank. 

Payment Plans Negotiated In XXXX, XXXX, both credit cards, XXXX and XXXX, were past due. I was unable to pay the minimum required payments to bring them current. I contacted the Bank and asked them to set up payment plans with me. 

For Credit Card ending in XXXX, the Bank agreed to accept a monthly payment of {$220.00}, due on the XXXX of each month. 

For Credit Card ending in XXXX, the Bank agreed to accept a monthly payment of {$120.00}, due on the XXXX of each month. 

Payment Plans Executed I explained that I could not agree to automatic payments as the dates of my monthly income vary. The Bank representative agreed not to set up automatic payments. She said I could make the monthly payments online or at a Bank branch. 

She did, however, schedule the payment of {$220.00} on card ending in XXXX for XX/XX/XXXX. She did schedule the payment of {$120.00} on the card ending in XXXX for XX/XX/XXXX. 

Therefore, the Bank knows WHO set up the agreement and WHEN. The Bank records customer calls. Knowing WHO and WHEN the payment plans were established allows the Bank easy access our complete discussion and agreement details in full. 

Maintaining no agreement was made is simply false and insupportable. 

Legally Binding And Enforceable I did not recall the Banks intention of scheduling my first payments under my payment plans. Consequently, I scheduled a payment of {$220.00} on card XXXX and of {$120.00} on card XXXX for XX/XX/XXXX. Both the Banks and my scheduled payments were paid, resulting in an overdraft at my Bank. 

As inconvenient as that was for me, it does establish that both the Bank and I understood that payment plans had been negotiated with specific payment amounts and due dates. It suggests a binding an enforceable contract. 

Notwithstanding the Bank must act in good faith and continue with the payment plans it negotiated and properly report good account standing with credit scoring companies. 


Age Discrimination I contacted the Bank many times trying to get my agreements documented. Each time, the Bank representative asked for my birthdate. The Bank representatives say it is a proper form of identification. 

As my birthdate is XX/XX/XXXX, I rather felt that I was blown off because they thought trying to resolve my issues was too much trouble and they could without consequence ignore aged me. 

I believe the Bank should abandon birthdate as ID.

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