Consumer complaint received 2025-01-25 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA

Complaint narrative:
I received a call from a third party collection agency trying to collect debt for this account. all three credit beureus are showing chargeoff. I asked for a copy of the original contract, the payment schedule, dates and amounts paid and the agreement for the payment arrangements. wich were set up. I expressed to them that I was sick and had no income coming in and needed a payment arrangement. wich resulted in them taking too much money from my account and my bank account was closed. I called them again stressing i have a hardship. Still currently have a hardship. As stated before i have been phoned and written and emailed from a third party company trying to collect on this charged off account. the bank of America account number Account ending XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Bank of America XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Subject : Formal Dispute of Inaccurate Reporting of Charge-Off Account Dear Bank of America, I am writing to formally dispute the accuracy of an account reported on my credit file under the provisions of the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681e ( b ), which requires credit reporting agencies to ensure maximum possible accuracy in reporting. 

The account in question is listed as a charge-off and is being reported inaccurately. I have identified the following issues with this account : 1. No IRS Form 1099-C Received : Under IRS guidelines , creditors are required to issue a Form 1099-C for canceled debts exceeding {$600.00}. I have not received this form, which suggests the debt may not have been formally discharged as a charge-off. 
XXXX. Account in the Hands of a Third-Party Collector : While this account is reported as a charge-off, it is simultaneously being pursued by a third-party debt collector. This raises questions about the legality and accuracy of reporting this debt as charged off while still actively seeking payment. 

These actions appear to violate both federal guidelines and consumer protection laws. Reporting inaccurate or misleading information is a serious matter, and I am prepared to pursue legal action against Bank of America and XXXX, XXXX XXXX and XXXX if these issues are not addressed promptly. 

I am requesting the following actions to resolve this matter : 1. Conduct a full investigation of this account to verify its accuracy.

2. Provide a written explanation of how this debt has been verified, including documentation from the original creditor.

3. Update my credit report by removing or correcting the inaccurate information.

Please note that under 15 U.S.C. 1681i, you are required to investigate this dispute within 30 days. Failure to comply with your duties under the FCRA may result in legal action, including seeking damages for willful or negligent noncompliance. 

I look forward to your prompt resolution of this matter. Please respond in writing with the results of your investigation. 

Sincerely, XXXX XXXX XXXX XXXX XXXX

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