12-12-2012 10:00 AM
I have been trying to get an old charge off removed because the account number that is listed on my credit report doesn't match any account number I ever had with Bank of America. I sent them a letter requesting the account be validated and deleted if they couldn't validate. Here is the response letter I just received:
Please be advised that when an account charges off as a loss to the bank, a new account number is generated for the purpose of reporting; therefore, the account ending in 7980 now reflects on your credit report as the account number ending in 6647.
Our records reflect that your account ending in 6647 was opened on January 24, 2002. As a result of non-payment, Bank of America charged this account off as a loss to the bank on August 31, 2009, with a balance of $xxxx. Our records reflect that your account was sold to Calvary on October 21, 2001.
It is the position of Bank of America that the above-referenced credit card account is valid, due and payable according to the terms of the Credit Card Agreement that was provided to you when the account was opened. The above-referenced account is a credit card account. Credit was extended to you, and this account constitues an extension of credit under federal law. By using the account, which you have, you agreed to the terms of the Credit Card Agreement, which specifically state the account is governed by federal and applicable state law. Based on this information, you remain liable for the repayment of this account.
Federal banking regulations require the bank to retain application records. The bank's retention time frame on credit applications is 25 months. I regret that I am unable to comply with your request to produce a copy of the original signed application on the account, as the application is over 10 years old.
Additionally, all billing statements were mailed to the address you provided and were not returned as undeliverable by the USPS. You also remitted payments to the account, signifying acceptable of responsibility for the account and its balance.
We appreciate your efforts and desire to address this issue; however, according tot eh FCRA, Bank of America is required to report a fair and accurate payment history. Based on my review, no bank error has occurred and in the absence of identifiable bank error, we are unable to modify the reporting of these accounts to the nation credit reporting agencies.
<name>, this letter serves as a confirmation of your liability for these accounts. I regret that we are unable to provide you with additional information or assistance for these accounts. For more information, regarding these accounts, please contact the agencies as referenced above.
They're stating that they changed the account number, which I was never notified of, and then they cannot produce any documents to validate that the account is mine.
Do I have any further action I can respond with?
12-12-2012 10:52 AM
Hello. BofA does change account numbers like they mentioned when they CO accounts and since the account was CO'd which means uncollectable they dont have to notify you of the new account number. Validation of the debt would be to simply send you a few statements, but it sounds like you didnt ask for that, sounds like you just asked for the original signed agreement which they are also correct about. If you believe this account to not be yours you can ask for statements from them, that will show you if it is yours or not.
12-12-2012 05:03 PM
Verification as specific as statement copies isn't even necessary under FCRA. If this account truly isn't yours, it would be a charge of identity theft, which would require more on your end to make that assertion. It sounds like this has been pretty throughly researched and will hold up to the verification requirements.
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