Consumer complaint received 2022-02-11
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Banking errors

Complaint:
Bank of America has shown clear and willing intent to commit financial crime by failing to CREDIT my account after numerous attempts to resolve with BOFA Representatives. A blind eye has been turned on the DISAPPEARANCE OF BANK RECORDS as to HOW this " debt '' came into existence. XXXX XXXX XXXX failed to perform a thorough investigation, I spoke to a total of 4 representatives today XX/XX/XXXX at XXXX PST for a total of the 2 hours and 12 minutes. Not one representative conducted a proper investigation and finally the hot potato was passed to XXXX XXXX 
XXXX ) XXXX- Florida Representative XXXX ) XXXX- Texas Representative XXXX ) XXXX XXXX XXXX XXXX ****All 4 representatives/Live witnesses ACKNOWLEDGED that this account is NOT subject to overdraft protection as per Bank Of Americas policies regarding the " Advantage XXXX XXXX XXXX account policies. The live witnesses also acknowledged that they could not locate the origin/record of why this account is " negative '' {$100.00}. 
XXXX XXXX XXXX declared that this account is now in debt and all information obtained will be used for debt collection purposes. 
****THESE CALLS WERE MONITORED AND RECORDED****. This " TYPE '' of checking account is not subject to OVERDRAFT PROTECTION, BOFA did not provide FULL MATERIAL DISCLOSURES as to the Banks " RIGHTS '' when it comes to Federal Aid payments failed to disclose that Bank of America was able to make such financial decisions without my consent. XXXX the live witness has also declared that the bank doesn't have to get " consent '' for these decisions to be made. 
Bank of America has failed to provide any valid documentation in regards to this alleged debt owed which now falls under the FDCPA of USC 15 as the live witness XXXX XXXX has declared that Bank of America is in fact a Debt collector. 
Per the multiple fraudulent accounting errors made on Bank Of Americas behalf, I am requesting the following. 

( 1 ) Proof of all indebtedness, including copies of any alleged loan paperwork in your possession, on which you base your alleged claim of default ; ( 2 ) Proof of the entire chain of custody of any promissory note claimed to be collected for, including but not limited to, copies of any guarantee, security agreements, contracts for the alleged debt contained within the initial communication ; ( 3 ) A full accounting of ALL sums due that have been applied to this alleged loan balance, including alleged default insurance payments, credit default swap payments and any other used to cover the entirety of the loan should an alleged default occur, including correspondence showing the payout dates of these alleged policies ; ( 4 ) If this loan was securitized, along with ANY other loans, please provide the name of the trust and location of its trustee, including the full contact information and telephone number ; ( 5 ) Provide the exact location of the purported loan documents, autographed by me with wet ink, and any and all FULL MATERIAL DISCLOSURES of how this DEFAULT LOAN/DEBT came into existence.

( 6 ) Provide any and all copies of any and all loan documents, tax forms, balance sheets and any documents in any type of medium such as but not limited to electronic records and tangible forms you have in your possession, bearing my legitimate autograph.

Be further advised that I am not limiting or waiving any rights or remedies I may now or hereafter have, whether arising under your purported loan documents at law or in equity, all of which rights and remedies I am expressly reserving. 
*******Failure to respond within 30 days, point for point with an autographed rebuttal by a live witness with direct knowledge to the matter, will also result in a action filed against your company in the appropriate forum. I have also notified The office of Inspector General, The Office of the Comptroller, representatives XXXX XXXX XXXX & XXXX XXXX, The Board of Governors of the Federal Reserve, The Federal Deposit Insurance Corporation and finally The Office of Management and Budget The CFPB, congress and the Department of Treasury is very well aware of the predatory and deceptive practices being administered by Bank of America. 
Through the CFPBS website I have located several articles of information pertaining to the pervasive and excessive overdraft revenue being pumped into Bank of America through the corruption of internal company morals. 
1 ) Prepared Remarks of CFPB XXXX XXXX XXXX on the Overdraft Press Call XX/XX/XXXX 2 ) CFPB Research Shows Banks Deep Dependence on Overdraft Fees Overdraft and Non-Sufficient Fund Penalties Made up Two-Third of Reported Fee RevenueXX/XX/XXXX 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 explanation