Arbitration, Staute of limitations or Standing

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10 hours ago, Jackie1989 said:

This contract is suspect, not only because of the spelling of my last name but, because I can not make out signature. I don't trust that someone at bank didn't copy it. There was a time when they stopped sending statements and  the spreadsheet, if correct, 

Because a substantial number of payments were made to BofA, you've acknowledged a debt to them.  Now that the account is alleged to have been purchased by a JDB, you can try to attack the validity of the loan agreement.  Still, how do you account for all the payments you allowed BofA to debit from your account?

The signature on the loan agreement is very faint.  Do they have an original, or just an electronic copy?  Is a misspelled last name and a questionable signature enough to call the validity of the agreement into question?  The likely answer is no.


10 hours ago, Jackie1989 said:

I had a lot going on for a few years and never paid attention to details. Money was withdrawn from my business checking account and I didn't give it much thought. Every so often double payments were withdrawn and I would sometimes only notice because of a returned payment. Any time I called, I would get bounced from department to department. From commercial to personal, then sometimes I would get the "special" department which would have some information and could correct issues with my account being overdrawn but, they couldn't send me anything in writing. 

This is when I would have personally walked into a BofA branch and sat down with a manager.  If they couldn't give me the answers I needed, I would wait as they nervously called around trying to reach the right department.

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I do not deny, I had many accounts with BofA and made payments on them for years. This is for an amended and restated loan agreement. I do not believe I agreed to this. Money was withdrawn from my account for years so if this agreement went into affect, I would not of necessarily have known a difference, unless they were taking a substantial amount more. I do not know if they have an original signed copy. I suspect not because , again, I do not recall agreeing to this.

And with regards to my dealing with this situation, I handled it poorly. There were times when I did go into branch to get information and left with no resolution. I felt, if I pursued it too aggressively, they would demand complete payment of account and could not afford to pay complete amount. It was around this time that they were reigning in all accounts that they had received from the acquisition of Fleet Bank. These loans and lines of credit did't fit into their business model. That is probably for this account as the amount seems to be about the amount I had with one of the accounts  (had one for 45k one for 30k and one for 15k). And they were never "nervously" waiting and in fact they could not of cared less. Even when I called them over the years. I was like the stepchild😊. Now this debt buyer comes along and I would like them to show me the goods. I realize that I may easily flop on my face but, I am going to give a go.


Thanks again Lane!

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