Consumer complaint received 2020-11-01
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: IL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Dear CFPB, Please find my complaint against Bank of America and XXXX XXXX XXXX XXXX. for illegal collection of debt I do not owe, specially to Bank of America, racket, unjust enrichment, lies to Federal Authorities, Ponzi Scheme and other crimes. 

On or about XX/XX/XXXX XXXX XXXX XXXX submitted me a partial respond to my Debt Validation request - such as copies of monthly statements which are purportedly belong to their purported client, Bank of America. 

I demanded additional validation, in particular to provide me a copy of Retainer agreement for XXXX XXXX XXXX from Bank of America ; copy of my WRITTEN agreement where I agree to pay any debt to Bank of America ; proof that my WRITTEN Agreement is properly recorded with Bank of America as an asset on their accounting ledger ; and validate that this was an actual debt and not the payment to me for participation in Bank of America Ponzi scheme with derivatives operated by BOA ( member of Federal Reserve ) and their co-conspirators, XXXX XXXX XXXX and XXXX XXXX XXXX. 

I also specifically requested to verify which method used Bank of America to hire XXXX XXXX XXXX lawyers ; and how they communicate. 

If this communication is conducted via cloud server or any other website, please identify the website or a web platform. 

XXXX and XXXX refused to provide me requested information and resorted to evasive statements that XXXX XXXX XXXX was retained by Bank of America to collect this debt - while Bank of America never confirmed this retention ; and here is no single document in support to XXXX and XXXX statement that they are retained by Bank of America. Evasive and incomplete respond under IL and Federal law is not a respond at all. 

XXXX XXXX  XXXX submitted false statements that their records indicate that on XX/XX/XXXX Ms. XXXX opened a credit card account with Bank of America, N.A. 

First, the ACCOUNT referred by XXXX XXXX XXXX was a concealed agreement with me to perform financial services aka issue Promissory Note which will be used by Federal Reserve ( where BOA is a member ) 's member XXXX XXXX XXXX to issue derivatives where the sole beneficiary is XXXX XXXX XXXX, via book entry system which they sell to investors for at least 12 times more than the payment given to me for SERVICES. 

XXXX XXXX XXXX confirmed that Prior to our representation ( without any proof of such representation ), Bank of America received two validation requests from Ms. XXXX. On XX/XX/XXXX and XX/XX/XXXX Bank of America sent XXXX XXXX validation of the account as evidenced in the attached documentation. Bank of American NEVER answered my demand to VALIDATE the debt ; and never responded how my SIGNED application was handled by Bank of America, as well as a proof that this WRITTEN document was recorded as an asset on Bank of America ledger. 

On XX/XX/XXXX our office sent Ms. XXXX our initial communication indicating our representation and providing the required information pursuant to the Fair Debt Collection Practices Act. 

Once again, XXXX XXXX XXXX only VERBALLY indicated their retainer with Bank of America. XXXX XXXX XXXX can claim that they are retained by Santa Claus, I need to see the actual PROOF of retainer and the name of the person at Bank of America who is responsible for communication with XXXX XXXX  XXXX and who handles BOA accounts receivable. None of it was provided. 

This complaint is the only communication we have received from Ms. XXXX. In response, our office mailed verification of the account as requested, which included fourteen months of billing statements evidencing the balance on the account. 

XXXX XXXX XXXX again resorted to evasive and incomplete respond. I did not asked to provide me evidence of a balance, I need evidence of the ACTUAL account as recorded in Bank of American ledger, pursuant to GAAP. Evasive and incomplete respond is not the respond at all, under IL and Federal laws. 

XXXX XXXX XXXX further lied to Federal authority that a credit Card is an unwritten Agreement.

IF they were lawyers and not racketeers, they must be familiar with IL law which states that ( 815 ILCS 160/2 ) ( from Ch. 17, par. 7102 ) Sec. 2. Credit agreements to be in writing. A debtor may not maintain an action on or in any way related to a credit agreement unless the credit agreement is in writing, expresses an agreement or commitment to lend money or extend credit or delay or forbear repayment of money, sets forth the relevant terms and conditions, and is signed by the creditor and the debtor. 

In other words, XXXX XXXX  XXXX falsely claimed that a credit card is an unwritten agreement. 

XXXX and XXXX NEVER responded to my question about securitization of my personal information by ANYONE, but particularly by Bank of America who just recently was sued Over Credit Card Debt when Customers file a class action lawsuit over banks credit card debt collection. The suit alleges that BoA sued customers for unpaid credit card debt on debts that were securitized. These debts were sold, assigned, or transferred to a trust via credit card securitization, a financial move that resulted in BoA relinquishing its debt obligation. 

XXXX XXXX XXXX of America, et. al was brought by XXXX XXXX XXXX and was filed on XX/XX/XXXX in Pennsylvanias Eastern District. The case alleges that BoA violated the Pennsylvania Fair Credit Extension Uniformity Act and the Fair Debt Collection Practices Act. It requests BoA pay punitive, actual, treble, and statutory damages along with injunctive and declaratory relief, attorneys fees, the costs of suits, and other relief. 

If Bank of America and XXXX XXXX XXXX will continue its illegal practices ( aka racket ) and refuse to provide me royalties from trades conducted by Bank of America and other undisclosed parties ( particularly XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX owned by XXXX XXXX XXXX XXXX, ect - I will not hesitate to move for legal protection via a major Class Action for racket, identity theft and unjust enrichment Sincerely, XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX IL XXXX

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