Consumer complaint received 2015-03-25
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
Product: Credit card
Issue: Late fee

Complaint:
This dispute centers around credit card debt which I incurred beginning in XXXX XXXX and which Bank of America ( BofA ) charged off in XXXX XXXX. Following charge-off I continued to repay the principle amount outstanding until it was fully satisfied in XXXX XXXX. Subsequently I discovered that BofA had unlawfully assessed interest and fees of at least {$15000.00} to my account post charge-off. I have requested repayment from BofA which has been denied. Even by BofA 's own accounting I have overpaid the bank by {$510.00} which has yet to be returned to me despite the company 's statement in the attached letter that I would receive a refund in " seven to ten business days ''. Attached are all the relevant documents which I have been able to find. Curiously BofA has been unable to supply any proof of a debt. 
By way of background, since I initially believed the collection agents owned the debt in question I filed a complaint with the CFPB against those agencies ( Case Number : XXXX ). However, through that process I discovered that despite being told otherwise for years, BofA had in fact never sold the debt. It is through this complaint that I am requesting to be repaid by BofA either the entire {$45000.00} collected until such time as BofA can verify exactly what is owed, or in the alternative I am asking for the {$15000.00} in interest and fees which I believe were illegally assessed to my account. 
After completing graduate school in XXXX and following the tech crisis and tragic events of XXXX XXXX I was unable to find continuous work for a period of years. Debt laden and without work, I fell behind on my credit card payments and eventually my account went into charge-off status in XXXX. Over the ensuing years the account was transferred to a number of collection agencies including XXXX XXXX XXXX, XXXX XXXX and XXXX and XXXX. At all times I fully intended to repay the debt as soon as I was employed. In fact, I began repaying the collection agencies in XXXX and continued these monthly payments until I had satisfied the amounts allegedly due in XXXX. Throughout that time I repeatedly asked BofA 's agents to confirm the amounts owed and the legal owner of the debt. I was uniformly told that BofA had transferred the debt and that no fees or interest had been charged to the account post charge-off. However, no proof could be supplied. Believing I had no recourse I continued to make payments until the full amount requested had been satisfied. 
In XXXX, while cleaning out old papers I found a statement from XXXX XXXX which I had somehow previously overlooked. The statement clearly shows that interest and fees had been assessed to my account post charge-off. The statement attached to this complaint shows attorney 's fees of {$6000.00} and interest of {$9500.00} all of which was assessed to my account after it was charged off. 
However, despite being assessed these fees I never received a statement from BofA showing fees or interest being added to the principle due. In fact, post charge-off BofA stopped sending any statements to me. Importantly this fact is not in dispute. BofA admits it charged interest and fees to my account but amazingly can not tell me how much. Furthermore, in conversations with its representative XXXX XXXX, BofA acknowledges that it stopped sending statements once the account was charged off. As such, under the Truth in Lending Act BofA had no right to assess these amounts to my account and should be forced to return them. 
Since I can only demonstrate that {$15000.00} of interest and fees were assessed I am asking for that amount to be returned immediately. However, since BofA can not verify the debt in any fashion I would also ask that they return the entire {$45000.00} paid to them until such time as they can demonstrate exactly what is owed.

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