Consumer complaint received 2022-03-09
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problems at the end of the loan or lease
Sub-issue: Unable to receive car title or other problem after the loan is paid off

Complaint:
So I have had this on going issue with Bank of America For the past few months. I have asked them for several documentary evidenced for proof I am obligated to pay them the alleged debt after I learned that I was not. They continued to commit fraud against me but not sending the documents, and are harassing me constantly without proof of any ownership of this alleged debt. I ask them to discharge this alleged debt in accordance with the Truth In Lending Act. The debt has be 100 % discharged and they refuse to release my title to me. The account was placed in a do no repo fraudulent status do not collect status by Bank of America do to my correspondence. They have removed the auto loan from my my accounting records and have cleared the loan from my consumer reports. I asked them for documentation in which they failed to provided yet they charged the loan off per my request. I need my tile presented to me on this vehicle in the matter on 5 days from this correspondence or I will move forward with a federal lawsuit. I gave Bank Of America multiple chances to rectify this account. They decided to charge the auto loan of per my correspondence and yet they tried to say it was charged off as a lost. The account was also made to be placed in billing error in accordance toPursuant XXXX XXXX XXXX - Billing error resolution XXXX XXXX XXXX dispute account number ( XXXX ) in the amount of $ {$40000.00} have submitted correspondence to Bank of America to rectify this matter and it has yet to be resolved. 

Please furnish documentary evidence in accord with XXXX5 U.S. Code 44 of record of accounts where Bank of America awarded me XXXX XXXX with any payment pertaining to this alleged debt. 

Pursuant 15 U.S. Code 1666b ( a ) Notice, it is fact affiant is aware 15 U.S. Code 1637 ( b ) ( 2 ) ( A ) refers to a request to resolve a billing error by providing all documentary evidence for clarification of who funded this account and whos obligation it is to pay the alleged debt on this account. ( XXXX ). Until then Bank of America can not report late payments in accordance with regulations of the Bureau 12 CFR 1026.13 ( d ) ( 3 ).

Pursuant 15 U.S. Code 1666b ( e ) If the creditor does not provide all documentary evidence as defined under 15 U.S. Code 44 this will result in a billing error and the creditor forfeits all rights to collection on the amount that has been identified in dispute. 

Notice, it is fact affiant is aware without resolving this billing error the creditor has legally agreed to forfeit all rights to collect on the amount in dispute pursuant 15 U.S. Code 1666 ( e ).

Pursuant 12 U.S. Code 5562 ( c ) ( 10 ) money audit trial production of document material Notice, it is fact affiant is aware the consumer has the right to request the money audit trail. I am requesting this documentary material in accordance with 12 U.S. Code 5562 ( c ) ( 10 ) to address this subject matter, without this documentary evidence there can be no validation of said debt.

Pursuant 12 U.S. Code 1831n ( 2 ) ( A ) GAAP audit trial Accounting and Insurance Notice, it is fact affiant is aware the consumer has the right to request the XXXX XXXX XXXX in accordance with 12 U.S. Code 1831n ( 2 ) ( A ) and without this documentary evidence to properly address this subject matter there can be no validation of said debt.

Pursuant 16 C.F.R. 433.3 ( b ) ( 4 ) A contract which includes a waiver, condition, or limitation for a debtor to assert rights for claims or defense against a seller is void. 

Notice it is fact in accordance with 16 C.F.R. 433.3 ( b ) ( 4 ) I the affiant has reason to believe and do so believe a contract can not and does not constitute as evidence or contain a negotiable instrument or contain any waiver, limitation, term, or condition which has the affect of limiting a consumer such as I XXXX XXXX the affiant any right to assert against any holder of a contract with any and all legally sufficient claims and defense which could be asserted against the seller of goods and services and in all subject matter pursuant 16 C.F.R. 433.3 ( b ) ( 4 ) said contract is unenforceable and void. 

Notice in fact a contract that has not given the consumer the full disclosure of said contract with any written, oral, known or unknown subject matter shall not constitute as documentary evidence. 

I the the affiant has reason to believe and do so believe Bank of America has not meet all requirements established in 16 C.F.R. 433.2 ( a ). 

I was not awarded with any documents as they stated they were above the law by saying my concerns and correspondence had no merit. Yet they discharged the account without any notice to me the consumer. I sent several unanswered affidavits to Bank of America in regards to this account. I had several account specialist that were supposed to be handling the account yet no of them would return any calls or respond to any correspondence I have all calls documented also all documents I sent them as well.

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