Getting a lawyer soon, is this evidence of aviolation?

[saint al]

Hi folks need your input, will be with attorney on Tuesday. Here's my question. Got a package from BofA the other day as their response from The Comptroller of the Currency that I filed a complaint with, in it was copies of 2 checks that I sent to a collector thinking that it was mine at the time, also a bunch of bank statments from 2002 to 2005.

I had assumed (I'll never do that again) that the collector for BofA was for an account that was underwritten for Home Depot or Lowes (defaulted on both). I never read the fine print on the app just wanted the credit. I have an old Eq cr from 2000 that shows this BofA accont status "Closed at credit grantor's request." as of 2000, so how account activity continue on from 02 to 05. BofA claim to aquire this account through a conversion(merger) in 2006, so how can they produce monthly statements with BofA format to these account?

Is this a violation or can someone explain this to me to help me understand!

[someonesomewhere]

It's conceivable BofA imported the info from the acquired accounts and turned the data into BofA statements.

[Denita]

That is a very interesting concept.

Debtor has debt with company 1 and the company sends statements.

Debtor defaults. At some point company 2 buys company 1.

Company 2 goes after defaulted debt using 'new' statements on company 2 statement forms as proof that debt is owed to company 2.

Somehow that does not seem right. Even if the figures are correct - why wouldn't company 2 have the statements avail to show the debt owed to company 1 with an assignment or sale to company 2?

Wouldn't the OP use this as a reason to show that the debt is not owed?

[someonesomewhere]

I agree, it does not seem right. Even if the debt is legitimately owed and was legitimately purchased by BofA in an acquisition, a statement on BofA letterhead indicating Monthly Statement August 2002, Customer saint al, when in fact the account was owned in August 2002 by the Schnookie Company Inc., is at the very least misleading.

A judge looking at it might well raise an eyebrow and in civil court it's preponderance of evidence. If you behave in a way that makes the judge doubt your veracity, anything you say might well be discounted by the judge. However, I'm not seeing any overt violations of FDCPA or FCRA.

[saint al]

Here's the thing and what I found in my old cr Barnett Bank up and create acct #1 open let say 2/21/1996, I had a visa with HCS open on 2/21/96 balance was transfered to First USA which I was disputing at the time. Sent me a copy of the appl with sig (Yep it's mine) but my HCS acct was on it. Barnett created this bogus acct. with the exact same opening date, ff to cr dated in 97 and nationsBank is reporting the same thing, ff to cr in 2000 BofA is reporting it now close the acct ff to a year ago just starting here with credit repair low and behold BofA is reporting a new acct #2 same opening date:confused:

I beleive that this is an attempt to re-age this bogus acct for value to a jdb once its been charged off which I do think is a violation.

[someonesomewhere]

So, do you have a guess as to the DOFD?

[saint al]

Clueless in Fla. In a post titled "Wolves in Sheep clothing" #1 & 2 post receive this letter from BofA. check it out and tell me what you think.

[someonesomewhere]

Can you take a SWAG at it? DOFD is usually the date an account goes 120 days late.

[saint al]

Ah! My bad 150 days as of May 2005 acct #XXX2

[creditidol]

This will never fly in court as it has been ruled many times the debt be original and proved to be by the company making the claim. Sue them for fruad in small claims court..This is the secret

[saint al]

I'm working on it creditidol they have awaken a sleeping giant. Watch me roar! Lord willing

[cjtx]

Here's the thing and what I found in my old cr Barnett Bank up and create acct #1 open let say 2/21/1996, I had a visa with HCS open on 2/21/96 balance was transfered to First USA which I was disputing at the time. Sent me a copy of the appl with sig (Yep it's mine) but my HCS acct was on it. Barnett created this bogus acct. with the exact same opening date, ff to cr dated in 97 and nationsBank is reporting the same thing, ff to cr in 2000 BofA is reporting it now close the acct ff to a year ago just starting here with credit repair low and behold BofA is reporting a new acct #2 same opening date:confused:

You need something else besides your credit report to corroborate DOFD. According to your own bank records, when was the first time you missed your payment?

Also, on your other post you said they sent you copies of 2 of your canceled checks. What's the date on those?

There is something fishy with the account numbers and with the status of the account, but somehow it looks like after it was closed/charged off you made payments and brought it back from the dead.

[saint al]

Also, on your other post you said they sent you copies of 2 of your canceled checks. What's the date on those?

There is something fishy with the account numbers and with the status of the account, but somehow it looks like after it was closed/charged off you made payments and brought it back from the dead.