Bank of America This is an attempt to collect a debt

**NikoSan999** · 11-19-2009, 10:18 PM

As alot of you know in April and May we couldn't make the house payment. In June we got caught up. In July we got caught up with credit card payments and started making payments on the car that got repo-ed. In August our health insurance went from $690 to $815 AFTER I had raised the deductible from $2500 to $5000. Electric went up in July by 10%. Many other things came to be and still happening. Every month it's something new.

In July we started making payments to a lawyer to the tune of $150 a month to hold a foreclosure on his mothers house that we had to quit making payments on last January to give it a chance to sell. She died, he bought the house out of the estate so he could buy the two sisters out of the business him and his parents shared equally. He already owned half, then a third, and each of them one third each. One lives in Ohio and didn't want to work it, just the money. Other couldn't contribute just collect. This is/was unacceptable. Long story short, bought mothers house, was going to live in it and sell ours. Next, housing crash. Business crash. Our business just about didn't exist anymore.

Made payments on both houses for 3 months to the tune of $4300. Come January couldn't do it anymore and this one was $300 less so we paid the payment on this one. March started foreclosure on his mothers.

Now we come to now. Nov 1st payment due. Mailed payment the 2nd. Late is not due until 16th. On the 6th BoA collections calls ( can't speak English, not even sure it was in this country ) and says " This call is being recorded and an attempt to collect a debt". Finally figured this out after asking about 4 times. I'm thinking I don't have a credit card with them. Then it hits me. The house. I proceeded to let her have it. The payment isn't even late you stupid....so on and so on. When I got off with her I got the number to BoA's housing collection number. First thing off the bat I asked him if this was being recorded and he said yes. I told him to make sure it was. I asked him when the payment was late says 16th. I asked him why she was calling then. He said it was probably her "verbage". I told him she couldn't speak English which is why I'm calling him. I kept telling him to make sure the recording was still going. He made the mistake of saying I didn't make the payment. I asked are you accusing me of NOT making the payment, are you sure this is still recording....he hesitated and said I meant it hasn't been received. Told him it was sitting on someones desk not posted. I told him to inform whoever that the next time someone calls I WILL have a recorder on also and they had better have the Fair Debt and Collection script in front of them Should they make one mistake I will get an attorney and I will sue and I will win. Why will I win? Because I don't care if I get one damn dime, the lawyer can have it all and he will WANT to win. Now record this. Did you catch all that or will you have to play it back. Thank you and have a wonderful day.

Went to local Bank of He## next day. Girl checked the account. Guess when it was credited. You got it. On the 6th. Same day as the phone call only not until after I called him. Isn't that amazing.

So for the next 28 years ( I'm 56 he's 62 ) the payment has to be POSTED on the 1st or they are going to call and attempt to collect a debt? So at any given time the mail dosen't deliver in a timely manner or the person posting dosen't feel like doing his/her job we will pay the price. Since it has been late twice they can start foreclosure the day it's late ( I was assuming the 16th but now know not true ) from here on out. Woman told me this back in June when we caught up. Can never be late again in 28 years. Her words. Should they want the house back all they have to do is not post it on time one time. After that they don't have to accept a payment.

Why do I hate Bank Of He##....gee, let me count the ways.

**dcompton** · 11-19-2009, 10:30 PM

Can you pay them electronically? Or can you send every blessed one for the next 28 years return receipt so that someone has to sign for when they receive it and you have proof of when it was in their hands?

**dcompton** · 11-19-2009, 10:31 PM

Another thought - I really hope someone will give you a huge winning lottery ticket so you can just pay them off - though they will doubtless say it is late! You don't deserve the hassles you have had with this bank.

**NikoSan999** · 11-19-2009, 10:43 PM

Originally Posted by dcompton

Can you pay them electronically? Or can you send every blessed one for the next 28 years return receipt so that someone has to sign for when they receive it and you have proof of when it was in their hands?

Oh this is a good one. Explain in a moment.
Yes, I can pay in person at the local bank. I mentioned talking to the girl at the bank...she is also a good friend...I told her I forgive her for working for them...she isn't a happy camper either. She said I could pay there and it would be credited that same day. Electronically dosen't always get credited same day.

On your next thought of sign for. This dosen't always work. We are in collections with American Express and been making regular payments on time. They are always sent delivery confirmation, have to be signed for etc. Mailed Octobers in, ( just found this out 2 days ago ) and the collections person signed for it but it never got posted. American Express gave the account to another collections agency. I called the old collections agency and talked to the guy I had been dealing with. He was mad. He said it wasn't our fault. It was plainly made on time. It was signed for on time, but whoever was supposed to post it on time didn't do it. So American Express thinks we defaulted. We were on a 0 % interest for 6 months to give us a break and get some paid down but the collection agency screwed up. He said he was going to find out who and someone was going to be in deep crap. Was he serious? Think so, afterall they lost an account that was going well for them. One thing he did say tho was if we didn't want to deal with the new person just make the payment on line. I said they said they wouldn't accept it. He laughed and said they'll accept it. I said they said they wouldn't . He just laughed loud again and said Oh yeah, they'll accept it. Which means even if they took us to court if the payment were being made regardless of how they were being made the judge would be on our side, not American Express.

So what it all boils down to, it dosen't matter if you make the payment the day you get the bill, two weeks early, if it dosen't get posted it dosen't count. It's late. you are at someone's mercy and it can cost you.

**Palooka** · 11-19-2009, 11:34 PM

I can't believe Bank of Hell won't even give you a grace period!

**NikoSan999** · 11-19-2009, 11:47 PM

Originally Posted by Palooka

I can't believe Bank of Hell won't even give you a grace period!

As the girl at the bank explained it as she took a deep breath and looked to see if anyone was listening ( she's under the manager )
yes it is a grace period, but only if they want it to be.

Example, a credit card is due on the 15th. That means it is due ON the 15th.
The House is due on the 1st. That means it is DUE on the 1st. Technically on the 2nd if they want to be nasty it is late. I asked if since it had went unpaid for 2 months and then caught up could they start foreclosure on the 3rd late month if they wanted to even if it was BEFORE the 16th. She said yes, technically they could, but didn't know if they would. Give me a break, this is Bank of Hell, God of Banks.

Grace and gracious are NOT words I would use to describe Bank Of Hell.

**frugalfranny** · 11-20-2009, 12:56 AM

Originally Posted by NikoSan999

Grace and gracious are NOT words I would use to describe Bank Of Hell.

You said it all right there niko............nothing left to say.

This could probably be most 'big' banks today.

**scottp999** · 11-29-2009, 02:31 PM

Good post. I opened an account at a small bank today and will be in the process of closing out my BOA accounts over the next month.

I also just completed a short sale with BOA for a good friend. After dealing with them for 5 months on the short sale and seeing what a cruddy job their management is doing, I decided to not do business with them ever again.

**sinopa27** · 11-30-2009, 03:21 AM

oh crap....I bank with BOA. I haven't had any problems with them but I better get out while I can.

**mamamia** · 11-30-2009, 04:08 AM

I like the way you operate, Nikko! Good for you for giving them a piece of your mind and standing your ground

They sure had it comin'.

Proud of you!

Theresa

PS-- I'm gonna remember what you mentioned about the Fair Debt and Collection script, and the recorder being on. Thanks for that because I'm dealing with collections for med bills

**NikoSan999** · 11-30-2009, 08:53 AM

Originally Posted by sinopa27

oh crap....I bank with BOA. I haven't had any problems with them but I better get out while I can.

It sure wouldn't hurt.

**mombottoo** · 11-30-2009, 09:32 AM

For mortgages a grace period generally means they won't hit you with a late fee so long as the payment is received before the grace period ends. If your house payment is due the 1st and the grace period ends on the 16th, the due date is still the 1st. If it's received after the 1st it is counted as a late payment, but without a late payment penalty so long as it's received before the 16th.

I don't understand the bank rep's statement that they can choose to not honor the grace period...our grace period was written into our contract for our mortgage...so she is full of crap.

I can understand you being upset that they called you on the 6th demanding payment, I would have been upset too.

**NikoSan999** · 11-30-2009, 11:31 AM

Originally Posted by mombottoo

For mortgages a grace period generally means they won't hit you with a late fee so long as the payment is received before the grace period ends. If your house payment is due the 1st and the grace period ends on the 16th, the due date is still the 1st. If it's received after the 1st it is counted as a late payment, but without a late payment penalty so long as it's received before the 16th.

I don't understand the bank rep's statement that they can choose to not honor the grace period...our grace period was written into our contract for our mortgage...so she is full of crap.

I can understand you being upset that they called you on the 6th demanding payment, I would have been upset too.

Because it is late after the first, just as you said. If you have read my threads/posts from the beginning it was not paid in April and May. It was already 2 months late. When Bank of He##'s collections called she plainly stated if late one more time foreclosure would/could start immediately with the 3rd LATE payment. This is straight from their mortgage company's collection dept. As you said the due date is STILL the 1st.

And they can do whatever they want to
.

**Russ** · 11-30-2009, 12:02 PM

Sadly, this says it all.

Originally Posted by NikoSan999

And they can do whatever they want to
.

**scottp999** · 11-30-2009, 12:20 PM

Originally Posted by mombottoo

I don't understand the bank rep's statement that they can choose to not honor the grace period...our grace period was written into our contract for our mortgage...so she is full of crap.

I don't think that is what she is saying. To be correct, she would have been talking about being technically of default on the 2nd. The banks could choose to accelerate the note and ask for you to pay it off in full immediatley. Of course that does not make much financial sense to the bank, but technically if you read the note they could choose that path.