Consumer complaint received 2024-11-01
Product: Checking or savings account — Checking account
Issue: Problem with a lender or other company charging your account — Transaction was not authorized
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (TN)

[ Rod ] [ XXXX XXXX XXXX ] [ XXXX, TN, XXXX ] [ XXXX ] [ XXXX [ XX/XX/year> ] Subject : Formal Complaint Regarding Debt Collectors Violating Consumer Protection Laws Dear XXXX, I am writing to file a formal complaint against several debt collectors who are violating my rights as a consumer under both federal and state laws, as well as specific provisions of the Uniform Commercial Code ( UCC ). These violations include unlawful practices that are not in compliance with consumer protection laws. 

The specific issues I have encountered include : 1. Unauthorized Withdrawals/Collections : Debt collectors have attempted to withdraw funds from my account without my consent, which is a violation of UCC 4-403 . This section states that a bank must honor a stop-payment order from the account holder, and any withdrawal without my authorization constitutes a breach of this provision.

2. Failure to Provide Proper Validation of Debt : According to UCC 3-501, the collector is required to provide proper presentment of the debt and the original instrument that bears my signature. Despite my requests, the debt collectors have failed to provide any valid evidence or validation of the debt they are attempting to collect.

3. Misrepresentation and Deceptive Practices : The actions of these debt collectors also violate UCC 1-201 ( 19 ), In accordance with the Uniform Commercial Code ( UCC ), specifically UCC 3-501 and UCC 9-406, I hereby formally notify you that I do not consent to any further communication from you regarding this matter. Additionally, I dispute any claims of indebtedness and reserve all rights related to any alleged obligation to owe or pay you anything. 

Please consider this letter as a definitive statement on the issue and cease all further communication and collection efforts immediately. 


Despite my prior communications and attempts to resolve this issue amicably, I have yet to receive a satisfactory resolution. Specifically, I request the following fair actions be taken : 1. Refund of Any Overpayments : I seek a full refund of any amounts I have overpaid or incorrectly paid to your agency. I request a detailed accounting of all payments made and the corresponding amounts due, as well as an explanation of any discrepancies.

2. Correction of Credit Records : Any negative impact on my credit report resulting from this dispute should be corrected to accurately reflect my current standing and to remove any unjust marks.

3. Cease Further Collection Activities : I request that all collection activities and communications cease immediately, as this matter should be resolved in accordance with the fair and accurate handling of my account. 

I expect a written response within [ reasonable timeframe, e.g., 15 days ] detailing the actions you will take to address these concerns and rectify the situation. If these issues are not resolved to my satisfaction, I will consider further steps, including contacting relevant regulatory bodies or seeking legal recourse. 

Thank you for your prompt attention to this matter. 

Sincerely, [ XXXX XXXX