Consumer complaint received 2024-02-01
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Billing problem
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (NC)

On or about XX/XX/XXXX, I purchased a XXXX XXXX XXXX, which was financed through Bank of America ( " BOA '' ). Approximately one year after purchasing the vehicle I was contacted by a representative of BOA and informed that I had missed a payment. Upon review of my bank records, I could find no evidence of a payment being missed. I requested BOA provide me with a statement or evidence to show the missing payment. BOA failed to provide such evidence. I was again contacted by BOA several months later again alleging that a payment had been missed. Again, I went through the payment history with the representative who determined that no payments had been missed and apologized for the confusion. Several months later I was again contacted by BOA alleging a payment had been missed. The representative was extremely aggressive and informed me that a late fee of {$15.00} would be accrued for each month the payment remained delinquent. Again, I requested proof of the delinquent payment which again was never provided by BOA. This same scenario repeated at least two more times. I requested proof of the missed payment no less than four times, to which BOA repeated failed to provide such proof. 

The term of my loan ended XX/XX/XXXX ; however, BOA has continued to draft a monthly payment from my checking account. I contacted BOA on Wednesday, XX/XX/XXXXXXXX  by phone. The representative, XXXX, again reviewed my payment history and could find no missing payments. XXXX confirmed that the term of the loan expired in XX/XX/XXXX, and speculated that the reason I continued to have payments drafted from my checking account was because of the late fees which had accrued over the past five years. XXXX was unable to waive the late fees and stated that he had never seen anything like this. XXXX offered to submit this to a higher department for review. Other representatives have stated the same in the past, but I never received any response ( this seems to be a BOA tactic for getting customers off the phone without resolving their issue ). 

At the time the vehicle was purchased, the dealership mixed up the VIN number of my vehicle with another vehicle on the lot. This required the loan information/docs to be resubmitted to BOA. It appears that BOA failed to update the payment schedule and at no time reached out to me regarding any issues. 

BOA has engaged in unethical practices and has continued to harass me for over four years by phone and by email. Despite multiple representatives of BOA acknowledging the problem, at no time did BOA take corrective action. The aforesaid representative, XXXX, implied that, although this is a BOA error, I would still have to pay the erroneous late fees before the loan would be forgiving and the title to my vehicle released. 

Attached is a copy of a letter sent to BOA on XX/XX/XXXX, and served upon BOA 's registered agent on XX/XX/XXXX, and the USPS Certified Mail return receipt as evidence of service. In the letter I once again requested proof of the missed payment or release of the title within thirty days from receipt of the letter. As of the date of this complaint, BOA has failed to respond. I ask that your office investigate this matter and take corrective action against BOA for unethical practices. 

Thank you for your attention and assistance in this matter. If you should have any questions, please do not hesitate to contact me.