Consumer complaint received 2024-09-22
Product: Credit card — General-purpose credit card or charge card
Issue: Closing your account — Company closed your account
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (NY)

Bank of America Dispute Resolution Department Subject : Formal Dispute Regarding Closed Account No. XXXX Under HJR 192, IRS 1099-C, and Federal Consumer Credit Laws Dear Bank of America I am writing to formally dispute several issues related to my closed account no. XXXX under HJR 192 ( Public Law 73-10 ), 15 U.S.C. 1666 ( b ) ( Fair Credit Billing Act ), 15 U.S.C. 1637, and the Fair Credit Reporting Act ( FCRA ), as well as contest the handling of an IRS Form 1099-C related to this account.

1. Dispute of Account and Debt Validity under HJR 192 ( Public Law 73-10 ) I dispute the legitimacy of the debt related to the closed account referenced above. Under HJR 192 ( Public Law 73-10 ), which relates to the suspension of the gold standard and the protection against certain debt enforcement practices, I question the legal basis upon which this debt was assessed. Please provide clarification and legal justification for the debt in accordance with federal restrictions outlined under HJR 192.

2. Incorrect Issuance and Reporting of IRS Form 1099-C I have received a Form 1099-C that has been reported to the IRS in connection with this closed account. I contest the issuance of this form, which claims a cancellation of debt, under the following grounds : The debt was improperly reported as canceled, despite unresolved issues surrounding its validity.

The amount claimed as canceled is inaccurate and has not been substantiated.

Please provide a detailed explanation for the issuance of the 1099-C and any supporting documentation to validate the cancellation claim. I request that this information be corrected with the IRS and that a corrected form be issued, if applicable.

3. Billing Errors and Violations under 15 U.S.C. 1666 ( b ) Under 15 U.S.C. 1666 ( b ), I am disputing multiple billing errors that occurred during the life of this account. I believe that certain charges were incorrect and were not authorized by me. I request a full investigation and correction of these billing errors in accordance with the Fair Credit Billing Act.

4. Late Payment Reporting 15 U.S.C. 1637 I also dispute the reporting of late payments associated with this account. Under 15 U.S.C. 1637, creditors must properly disclose and handle late payments. I believe the late payment entries on my credit report were reported improperly and are, therefore, invalid. I request that these negative entries be removed from my credit report immediately.

5. Dispute of Credit Profile Information ( CMI ) under the FCRA and UCC Provisions I am formally disputing the negative entries reflected in my credit profile ( CMI ) as reported to credit bureaus by your institution. Under the Fair Credit Reporting Act ( FCRA ), I have the right to dispute inaccurate, incomplete, or unverifiable information. I request that you immediately investigate and correct the following : The legitimacy of the closed account 's debt.

Any late payment entries that were improperly reported.

All inaccurate information related to this account that affects my credit profile.

6. Request for Correction under 8 U.S.C. 8 and Relevant UCC Sections In addition to the above, I reference 8 U.S.C. 8, which relates to federal laws and obligations surrounding the protection of U.S. citizens from improper legal actions regarding their financial matters. I also invoke UCC provisions, including UCC 3-302 and UCC 3-419 , to challenge the enforceability of this debt and request proper documentation verifying any claims of ownership or transfer of the debt.

Requested Actions Provide legal justification for the validity of the debt under HJR 192 and related laws.

Correct the issuance of the IRS 1099-C form and file an amendment with the IRS, if necessary.

Investigate and correct all billing errors under 15 U.S.C. 1666 ( b ) and provide me with a written explanation of your findings.

Remove any and all late payment entries that are improperly or illegally reflected on my credit profile.

Update my credit report to reflect these corrections, and provide me with a confirmation of these changes.

Provide documentation of the debt 's legitimacy under UCC standards, including evidence of lawful transfer or assignment of the debt.

Please consider this letter as a formal dispute under 15 U.S.C. 1666 ( b ) and 15 U.S.C. 1637. I expect written acknowledgment of receipt within 30 days, and a full resolution of this matter within the legally required timeframe.

Failure to address this dispute in accordance with federal law may result in further actions, including complaints filed with the Consumer Financial Protection Bureau ( CFPB ) or other relevant regulatory bodies.

Thank you for your attention to this matter. I look forward to your prompt response. 

without recourse XXXX XXXX