Consumer complaint received 2015-06-24
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MD
Product: Credit card
Issue: Forbearance / Workout plans

Complaint:
I would like to request a late fee waiver on my credit card account that was assessed in XX/XX/XXXX, a balance liquidation to a zero percent interest rate. On XX/XX/XXXX I contacted Bank of America knowing that I had not have any late payments exceeding 30 days or more and requested a courtesy waiver on my late fee. 
I was required to go on XXXX Medical Leaves of Absence due to complications related to XXXX and the death of my XXXX daughter XXXX. While on leave my income was cut in half. In addition, my ex-spouse lost his job so I am not receiving any child support. 
While I have been the only wage earner I have submitted applications to alleviate our monthly financial obligations : I was granted an Economic Loan Deferment for my Student Loans, In addition, through XXXX, I was able to get free clothing for my children. I also cut coupons to save on groceries. I still have ancillary expenses related to our daughter 's medical and funeral expenses. XXXX XXXX recently approved my home loan mortgage modification but I am stumped that Bank of America is refusing to lower my credit card interest rate to 0 % so I do not go into default where I can satisfy this debt and waive my late fee. I have to debate if putting food on the table takes precedence over paying my credit card since I will never be able to pay this debt off with an interest rate or get further ahead as I have incurred a late fee due to extenuating circumstances due to my pay cycle and running mere days late. If they 're unable to reduce to put my interest rate to zero percent I will be forced to stop paying them so I can keep a roof and food on the table for my children. Obviously, I need my home for the stability my children and a foreclosure would not be beneficial to my community, particularly now that I am making efforts to pay but not under these unfair terms. I do not want my credit card to go into default and need your assistance in any way I can in keeping this account in positive pay. 

I contend that : I can not continue to pay the variable interest rate of 4.9 % without substantial hardship due to the large balance in excess of XXXX. I am making every effort to pay this debt and need your help. 
According to the Credit Card Act Interest Rate Reduction. Section 101 ( c ) of the Credit CARD Act adds Section 148 to TILA. The Section establishes new requirements for changes in interest rates on credit cards under open-end consumer credit plans. Any interest rate increases that have occurred or will occur since XX/XX/XXXX, will be subject to a mandatory " look back '' review at least once every six months, beginning 15 months after enactment. Using a " reasonable methodology, '' creditors will be required to assess the same risk factors used to justify an interest rate increase in determining whether a corresponding decrease in the interest rate is justified. 
Any assistance you can provide would be greatly appreciated. 
Sincerely, XXXX XXXX XXXX XXXX

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation