Consumer complaint received 2020-12-15
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CT
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
I opened a HELOC loan in XX/XX/XXXX with Bank of America in an effort to secure my Bank of America credit card debt. At that time, Mr. XXXX, Bank of America representative, told me that if I allowed an ACH withdrawal directly from my account, I would receive an additional .25 % off my overall variable interest rate. As someone who has habitually paid my bills on time for my entire adult life, I thought that was just great, and I signed the document allowing for the payments to be directly withdrawn from the account I designated. In early XX/XX/XXXX I went to the bank and again, and with Mr. XXXX. I switched the accounts that the ACH would pull from. Mr. XXXX did the paperwork to switch the ACH to a different account in my portfolio. In XX/XX/XXXX I got a collection call from BOA saying my HELOC was 30 days delinquent. I immediately went to the bank, paid it, and worked with Mr. XXXX to determine how an automatic pay account did not automatically draw. He determined that he must have done the entry incorrectly. He corrected it and I had no more problems until the fall of XX/XX/XXXX when I closed my accounts with Bank of America and went to XXXX XXXX. Anticipating problems with my HELOC auto draw, when I opened my XXXX XXXX account immediately reached out to Mr. XXXX at BOA and had him set up the ACH to come from my new XXXX XXXX account. A month or so later I received a collection call from BOA saying that I was 30 days delinquent. I again went to Mr. XXXX at Bank of America, paid the payment and he corrected whatever was wrong with the ACH that he initiated. At this time, I expressed my concern with these late payments that were BOAs error, and he assured me that nothing would appear on my credit report. I reiterated to him how important my credit is it me and that I have spent my entire adult life paying my bills on time. My credit report is attached here to attest to that, but you are welcome to pull it and see for yourself. He assured me that nothing would appear on my credit report since this was his error, a BOA error, and had nothing to do with me not paying on time. Believing Mr. XXXX, I didnt think about the matter again. 

In XX/XX/XXXX I began the process of refinancing my house to pay off my HELOC as well as my BOA business credit card. I thought for sure with my great credit I would have no problem. I was quoted a rate of 2.1 % by my mortgage lender but then my and my mothers credit reports came back. Sure enough, the HELOC late payments were noted on both mine and my mothers. Even with this negative reporting, my credit score is XXXX. However, my mothers score, who is XXXX-years old and has no other credit currently except the HELOC with me, suffered as a result of the bank error and her score hovers around XXXX. That tanked my great interest rate and I was quoted 3.7 % instead. I began working with Mr. XXXX at BOA in XXXX and then he put me in contact with Mr. XXXX XXXX in the XXXX branch. Over the course of two months, I spoke with both of these individuals by phone no less than 15 times each. I am happy to provide my phone statements to attest to that. Both gentlemen put in expedited corrections requests to Bank of America, indicating that the late payments were a result of bank errors and not my error. I was finally given the name of XXXX XXXX who supposedly was in charge of reviewing and correcting this error. I called her many times, which I know is reflected in the BOA call log for my case number above. I never got her, but always got others who said they would send her an internal email to call me. I sent five ( 5 ) letters to the fax number that I was given that would reach her. She never responded. I continued to email Mr. XXXX and Mr. XXXX, several emails are attached here, and they stopped responding to me. See ( Exhibit # 1 ) for the correspondence to Mr. XXXX and XXXX as well as ( Exhibit # 2 ) letters to XXXX XXXX. 

I received only two letters via street mail to my home regarding this issue. One, dated XX/XX/XXXX indicating that BOA needed more information ( Exhibit # 3 ) in order to research my case. This was a ridiculous request in that everything the bank needed to know had already been submitted by me as well as by both Mr. XXXX and XXXX XXXX. I received a second letter in XX/XX/XXXX indicating that the bank had determined that their credit reporting was accurate and that the matter was closed. No one ( other than XXXX and XXXX ) has ever returned one call to me in spite of my multiple attempts to contact Ms. XXXX XXXX. 

Further review of my credit report shows a seriously delinquent BOA credit card beginning with # XXXX ( I believe it ends in XXXX? ). This is not ever a credit card I ever had. I called Bank of America directly regarding this and they dont even have it in their system as being a credit card account of mine. I HAVE NEVER HAD AN ACCOUNT CLOSED FOR NON-PAYMENT OF 120 DAYS. I want this immediately removed from my credit report. I made a dispute with Experian for both of these matters and Bank of America declined to rectify either ( Exhibit # 4 ). 

In reviewing my HELOC payments in the preparation and writing this letter I discover that I have been charged a total of {$230.00} in late payment fees between XX/XX/XXXX and XX/XX/XXXX. BOA was doing an ACH auto draw since the inception of the loan so HOW can I possibly be paying late? I want these fees, of which I was not even aware I was being charged, immediately refunded to me by check to my home address. That is preposterous. ( Exhibit # 5 ) I have a busy life. I allowed the ACH to the HELOC so that I would not have to worry about it again. Had I known what an absolute disaster this would have proved to be in my life as I attempt to refinance my home for the very low rate my mother and I are rightfully entitled to, I would simply have paid the HELOC payments myself, on time, every single month, as I have always paid my bills. I have had a mortgage since moving to CT and purchasing a home in XX/XX/XXXX. I have never, not one single time, paid any mortgage I have had, late. Ever.

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