Consumer complaint received 2018-04-12
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NC
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened to arrest you or take you to jail if you do not pay

Complaint:
REF : XXXX XXXX XXXX, Acct # XXXX Bank of America, On XX/XX/XXXX the amount of {$16000.00} was debited from a joint account that I share with my husband, XXXX XXXX. When I called, We were told that this was due to an overdue credit card debt that was in my name. 

I stated that 1. I never applied for a credit card. 
2. I requested to see the application - still have not seen the application. 

I am writing this letter because I never applied for that Credit Card nor was aware that it existed. 

XX/XX/XXXX Over the phone, I was informed by a Bank of America ( BoA ) representative that the {$16000.00} was a debt from a corporate credit card account in the name of XXXX XXXX XXXX that was originally opened on XX/XX/XXXX and closed on XX/XX/XXXX. XXXX XXXX XXXX is solely owner by my daughter, XXXX XXXX XXXX, as indicated in her LLC State registration documents. 

XX/XX/XXXX I called XXXX XXXX XXXX with the BOA representative. 

she said she was aware of a credit card and had paid XXXX on the card. She also stated that she never applied for a credit card under my name. 

In fact, she stated that she never applied for a cc at all. She stated that she just received it in the mail and it was taken off the corporate checking account last year. After she paid it off She also asked why they took money out of My husbands account. She said that I was not tied to XXXX XXXX and that I was removed from the LLC on XX/XX/XXXX. 

XXXX XXXX also stated that she was the guarantor and had documents to prove that. 

Then the BOA representative over the phone said we would have to go to a branch to resolve this. 

XXXX XXXX I went to BOA and met with the VP of customer relationships. I gave her my name and asked her why money was taken out of my husbands account from a cc that I did not apply for. 

She stated that the reason they took the money is because I, XXXX XXXX was the guarantor. 

I stated that XXXX XXXX was not my account and was my daughters account. 

I stated that my daughter opened the account and was the guarantor and she had tocuments to prove that. 

The BOA VP of relationships then showed me the corporate resolution to open the account and asked if it was my signature. 

I looked at it and it clearly was not. 

Then, the BoA representative claimed that I, along with my daughter, were the borrowers on this the LLC corporate account. I informed the BoA Representative that I was NOT a borrower on this credit card and that I had never authorized the BoA to open such an account in my name. 

I informed the representative that the signature on this document was definitely NOT my signature. 

She the. Stated that I AM liable because my name was on the resolution, even if I didnt sign it. 

The, the BoA representative implied that my daughter intentionally signed my name making me the guarantor of the account and my name on the credit card application without my knowledge and that she could go to jail because it was a felony to impersonate someone elses identification. 

I felt intimidated and obviously frightened for my daughter. I didnt want her to go to jail. 

The bank representative then stated, if I didnt close the corporate checking account, another {$1000.00} would be taken out of my Husbands account. At that point, I felt like we didnt have a choice. We didnt want another {$1000.00} taken out of my husbands account and I didnt want my daughter to go to jail. 

The banker insisted I closed the account even after telling her that I wasnt the guarantor and the document ( company resolution ) that stated I was, wasnt my  signature. 

At this time, I texted my daughter stating I was going to close the account. She said I dont have authority and that she had documents and the original corporate resolution with her signature, not mine. 

She stated the corporate resolution they had on file was fraudulent and demanded that she speaks with the BOA representative that was helping us. 

When XXXX got on the phone, she asked to see the cc application and asked what the procedures are for applying for a credit card. 

The BOA representative stated that she didnt have the authority to answer that question. The Bank of America representative made me believe that XXXX signed my name and that she was lying. 

I did not want to close my daughters corporate account. But I trusted the BOA representative. So we hung up on her and closed the account because I didnt want more money to be taken out and I didnt want my daughter to go to jail. 

At this point I was not communicating with my daughter because of what the Bank of America employee made me believe. 

A few days later, I was informed by my daughter via text that When she went back to the bank to show proof, they turned her away and said sorry there is nothing we can do for you, you accounts have been closed. 
. 

Also, When She asked to see the application, She was notified there wasnt one. 

For these reasons, I am hereby requesting that you reimburse my ( and husbands ) joint account for the full amount of {$16000.00}. 

I would also like to address here the separate issue of the XXXX XXXX XXXX Business Advantage Checking Account ( # XXXX ). At the same meeting with the BoA regarding the XXXX XXXX credit card account, the BoA representative informed me that my name was also shown as co-owner of this LLC Advantage checking account and that I could therefore be at risk for any claims against this account. It was suggested therefore, that I close this checking account to avoid further financial risk. 

the BoA allowed me to close the XXXX XXXX XXXX corporate checking account, even after I stated that I was not the rightful owner. 

And was only aware a few days later that I had no legal right to do so since I was not an owner of the LLC. XXXX XXXX, XXXX did not belong to me and I was not authorized to close the corporate checking account. The corporate resolution they had on file with my signature was fraudulent. 

The upshot of this is that by closing the XXXX XXXX XXXX checking account, I created costly financial hardships for my daughter because she was not able to collect on thousands of dollars of LLC corporate receivables, hardship for her employees and their families. 

I should have never closed the corporate checking account and I am appealing that the account be reopened in the name of XXXX XXXX XXXX, XXXX XXXX XXXX. 

You may contact me at XXXX and XXXX XXXX XXXX at XXXX I have requested to see the Credit card application which was filled out and signed with my name and social security. I have not received a copy of this application yet, after multiple requests. 

Yours Truly, XXXX XXXX XXXX XXXX XXXX. 
XXXX, NC XXXX Tel : XXXX XXXX XXXX XXXX eMail : XXXX 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 monetary relief