Consumer complaint received 2023-11-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem making or receiving payments

Complaint:
Banks can not use offset for credit card payments.On XXXX XXXX Bank XXXX Americaunlawfully andillegallyseized {$1900.00} out of my checking account ending XXXX leaving me only {$100.00} on the account to " offsetpayment XXXX '' .Bank XXXXf America XXXX We may take or setoff funds in any or all of your accounts with us and with our affiliates for direct, indirect and acquired obligations that you owe us, regardless of the source of funds in an account. " A bank can not typically take money from your checking account to pay off your credit card debt, period! Bank of America is in violationofTheFair Credit Billing Act ( FCBA ), which protects consumers from unfair credit card billing practices, rules that banks can not typically seize funds deposited into a consumers bank account to pay off their credit card. According to the XXXX, a card issuer may not take any action to offset a cardholders indebtedness arising in connection with a consumer credit transaction under the relevant credit card plan against funds of the cardholder held on deposit with the card issuer.I did not sign up for an automatic bill payment arrangement for the credit card or Bank of America DID NOT have permission to seize {$1900.00} from my checking.Bank of Americaillegally collected payment for alleged credit card debts and took payments on a debt that I do not owe, EXTORTION and theft bydeception.Defamation of character and Slander of my name. XXXX and XXXX XXXX. I'm going to file a lawsuit if the situation is not resolved by XX/XX/XXXX, XXXX Idispute a credit card paymentand askBank of Americanot to take the payment from my money deposited, Bank of Americahave to heed my request. I have disputed thealleged debt andBank of Americarefusedto reimburse my money.Be advised that I hereby dispute the validity of thealleged credit card debts entirely. Your monthly statements andcouponsare double dipping anda crime. There can be no payment of XXXX XXXX rescind all payments toBank of America credit card payments Ending XXXX and the other XXXX creditcards.Federal law limits how banks can use funds in a consumer 's deposit account to pay a delinquent debt with the same bank. In many cases, a bank can withdraw funds held in a consumer 's checking, savings, or investment account, to pay any delinquency which has accrued on secured debts owed by the same creditor. 
A banks ability to take such action is referred to as the " right of offset. " Federal law restricts the application of the right of offset, preventing federally chartered banks ( such as Bank of America, XXXX XXXX, etc. ) from using the right of offset to collect delinquent revolving debts, such as credit cards.Bank of XXXX my security instrument, its rights of recourse are dischargedunder U.C.C. XXXX, XXXX and XXXX, and XXXX of XXXX XXXX XXXX money not XXXX XXXX way around.Bank of AmericaFailure of consideration, Misrepresentation of a material fact, unjust enrichment, no money lent, noconsiderationwas given for theclaimedalleged credit card debts.Bank of XXXX of the material facts with XXXX XXXX of contract! 

Based on the aforementioned codes, I hereby affirm that the alleged debt associated with alleged credit card Account XXXX, has been fully XXXX as of the date of the security agreement.HJR XXXX : On XX/XX/1933, House XXXX XXXX ( XXXX ) XXXX was enacted by the United States XXXX. It declared XXXX of Americais legally eligible to discharge debts by presenting a statement and request for discharge to the appropriate party. It states that a XXXX debt shall be considered as if it were paid in full. 
All prior XXXX of Attorney, all other prior presumed or granted Executorships, XXXX and XXXX relationships are terminated! 
Any refutation of the aforementioned and/or the following issues must be done so, o and for the public record, in writing, by way of a sworn Affidavit, signed in their full Christian/Family name XXXX XXXX XXXX the XXXX, including but not limited to perjury. 
XXXX XXXX XXXX, XXXX XXXX request that alleged XXXX of Americapromptly update their records and credit reporting agencies to reflect PAID IN XXXX XXXX, XXXX would appreciate forBank of XXXX reimburse me back ALL my money for ALL the credit cards with Bank of XXXX I will take XXXX XXXX XXXX legal fees of {>= $1,000,000} ( XXXX XXXX Dollars ). 
A national bank has no power to lend its credit to any person or corporation... XXXX v. Needles Nat. Bank, XXXX F XXXX XXXX XXXX XXXX, XXXX denied in XXXX S.Ct XXXX, XXXX XXXX XXXX, XXXX LED XXXX vitiates the most solemn contracts, documents and even judgments [ XXXX vs. XXXX, XXXX XXXX XXXX, at XXXX ] .It would be unjust to allow XXXX who made false representations to retain the fruits of a bargain induced by such representations. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX or misleading. 

XXXX XXXX XXXX, XXXX, Article XXXX, Section XXXX. No state shall ... makeanything but gold and silver coin a tender in payment of debts... 
XXXX XXXX liability. Civil liability for willful noncompliance.15 U.S.C . 1681o - U.S. Code -Unannotated XXXX XXXX. XXXX and XXXX XXXX. Civil liability for negligentnoncompliance. 15 U.S. Code 1640 - Civil liability with respect to any failure to make disclosures. 15 U.S.C. 1611 - Criminal liability for willful and knowing violation. 

My federal court XXXX lawsuit against XXXX Funding for FDCPA violations XXXX XXXX XXXX XXXX XXXX XXXX case # XXXX prompt attention is appreciated.

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