Consumer complaint received 2018-04-24
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MD
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Indicated you were committing crime by not paying debt

Complaint:
XX/XX/XXXX Received Warning letter from XXXX XXXX XXXX ( XXXX ) XXXX I don't remember if this is where we got the name XXXX XXXX, but he gave me his direct phone number. XXXX. When I called it later, his answering machine picks up and says he's XXXX XXXX of XXXX XXXX. 
In early XX/XX/XXXX, I called XXXX XXXX ( XXXX ) and we spoke at length about what he could for us. 
He said if we followed his Credit Card Modification Program we would be debt free in 3-4 years. He said his team would be able renegotiate with our creditors and obtain a reduction of our credit card debt of at least thirty five percent. 
XXXX XXXX said that our Program will require that we make monthly payments of {$780.00} for forty-eight months into an FDIC insured account and that no one can get into the account without our approval. He said there would be zero interest due on the amount negotiated. I would make the payment in two bi-monthly payments of {$390.00} on the XXXX and XXXX of each month. The payment would be made automatically to XXXX XXXX XXXX   through a automatic payment service from our bank. 
He then said " Do not make any more payments to the creditors in our Program. 
He said there was a {$900.00} retainer fee due over the next eight months. Additionally there is a fifteen percent service cost and an {$89.00} legal administration fee that is built into the payment. There was also a {$10.00} monthly fee to maintain an account at XXXX XXXXXXXX XXXX. He also said that I may receive phone calls from creditors during the first couple of months. I will also be contacted by XXXX XXXX from the XXXX XXXX about secured and unsecured credit and by XXXX XXXX XXXX. 
He said that representation will begin as soon as the papers are signed. On XX/XX/XXXX, we signed the papers in front of a notary public at our home that XXXX provided. We made our first payment on XX/XX/XXXX via the bank draft program set up at our bank. We made all of the payments when due. 
On XX/XX/XXXX XXXX from XXXX called and advised us that XXXX XXXX, one of our creditors, had accepted a negotiated settlement offer. They would accept {$1700.00} instead of the {$3400.00}. We thought great! But on XX/XX/XXXX, she called back to say we had to make additional payments of {$350.00} for the months of XXXX and XXXX. I told her that I couldn't and I could barely afford to pay the {$780.00} that I was paying now. 
On XXXX XXXX XXXX from XXXX called and said that a third party law firm had filed a law suit against us. 
On XX/XX/XXXX, XXXX from XXXX called and said XXXX XXXX had settled for {$1700.00} and that they had negotiated a settlement with Bank of America for {$19000.00} and we will have to pay an additional $ XXXX- {$500.00} per month. I told her that there's no way I could pay that like I told them before. We could barely pay the {$780.00} for our Program. 
We spoke to our parents in early XXXX who told us that it sounded a lot like a scam operation and we shouldn't pay them any more money. 
On XX/XX/XXXX, I called my bank and stopped the automatic payments. On XX/XX/XXXX and XX/XX/XXXX we received an email from XXXX advising me that my draft checks for XXXX and XXXX had been returned by the bank NSF. Non Sufficient Funds On XX/XX/XXXX, we sent an email request to XXXX XXXX XXXX to close our account and refund the the money in our account. After signing and returning some forms, on XX/XX/XXXX we received a check for {$1000.00}. 
On XX/XX/XXXX, we called XXXX to cancel my contract and get a refund. XXXX asked if it would help if she adjusted my monthly draft amount. I asked adjust how much of an adjustment she could do. She said she would check into it and call me back in 24-48 hours. On XX/XX/XXXX, I had received no call back, only an email acknowledging my cancelation emaiL, so I called and left a message again. 
Receiving no response, on XX/XX/XXXX, I called and left message again. XXXX called back and said that she had refunded {$1000.00}. When I asked about a statement of account she gave me this web address and account number : XXXX XXXX, telephone number : XXXX, and XXXX. 
She never discussed an adjustment like she said. I tried to login quite a few times, but website doesnt work. I called the next day and left message. 
I sent email the next day, XX/XX/XXXX and received response that they will send the statement via USPS. 
On XX/XX/XXXX, I was so frustrated that I looked around the Internet and found a company with the same name and emailed them my dilemma. One of the attorneys for that company sent emails confirming that they are the same, but a separate company and he will get a message to them. I have included the emails with this complaint. 
I finally received a statement.

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