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Bank of America won't remove false info?

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positivenrg
Established Member

Bank of America won't remove false info?

I spoke with BoA today about having them delete based on incorrect info on my credit report. I had an individual credit card account where my husband (now ex-husband) was an authorized user. 

 

Long story short, my ex-husband settled the account.

 

  • I asked BoA how it was possible for him to settle the account when it was an individual account. They said they covered their butts by putting in their notes that they spoke with me about it. I asked if they were sure it was me and of course, they could not be sure.
  • I asked if they could provide me with a copy of the check that was used to settle the account. They said it was a check-by-phone with ABC Local Credit Union. I said that's funny because I've never had an account with ABC Local Credit Union. BoA said, "So you are telling us you never had an account with ABC Local Credit Union"  ... like I stuttered or something. Yes, that is right.
  • Like I was trying to tell them, my account was settled by my ex-husband, after our divorce and without me knowing! 

 

They still refuse to delete. :::head, desk::: 

 

What documentation would I need in order to file disputes with the credit bureaus? 

 

 

Message 1 of 7
6 REPLIES 6
gdale6
Moderator Emeritus

Re: Bank of America won't remove false info?


@positivenrg wrote:

I spoke with BoA today about having them delete based on incorrect info on my credit report. I had an individual credit card account where my husband (now ex-husband) was an authorized user. 

 

Long story short, my ex-husband settled the account.

 

  • I asked BoA how it was possible for him to settle the account when it was an individual account. They said they covered their butts by putting in their notes that they spoke with me about it. I asked if they were sure it was me and of course, they could not be sure.
  • I asked if they could provide me with a copy of the check that was used to settle the account. They said it was a check-by-phone with ABC Local Credit Union. I said that's funny because I've never had an account with ABC Local Credit Union. BoA said, "So you are telling us you never had an account with ABC Local Credit Union"  ... like I stuttered or something. Yes, that is right.
  • Like I was trying to tell them, my account was settled by my ex-husband, after our divorce and without me knowing! 

 

They still refuse to delete. :::head, desk::: 

 

What documentation would I need in order to file disputes with the credit bureaus? 

 

 


I would be filing a complaint with the CFPB on this one. You have multiple violations the big one being disclosure of account info to one who did not have the right to request such info. AU has no right to do anything with the account other than use it, they are not responsible for anything. Another course of action would be to talk with a consumer attorney and see if suit against BoA is warranted.

Message 2 of 7
positivenrg
Established Member

Re: Bank of America won't remove false info?

Thank you, GDale6! I didn't even know that was an option, but it is something I will pursue if necessary. 

 

I got a wild hair and phoned BoA again. This time I asked them if they could look in the account history and tell me when my ex-husband was authorized on the account and in what capacity. They could find absolutely no record of anyone other than myself who was authorized to make decisions on the account. 

 

I mentioned that I was not the one who settled the account. My ex-husband had made the arrangements and the pay-off from a bank account that my name was not attached to in any way. 

 

BoA asked me what I was after. Seriously? They allowed someone to settle my account without me knowing about it and they want to know why I'm calling them? LOL I told them that obviously, my ex-husband was under the impression that it was a joint acount .. otherwise, why would he even be willing to settle it? He wasn't about to do ME any favors. 

 

I was told that the account was being forwarded to research. I find this amusing since it will fall off my credit report next year. That's a lot of work for them to have to go through when they could just do the right thing and delete it early. Smiley Frustrated

Message 3 of 7
RobertEG
Legendary Contributor

Re: Bank of America won't remove false info?

I, too, am kinda unsure what you are asking, as I dont see the outcome in any event as requring deletion of their account.

 

In any dispute, the issue is limited to the accuracy of the specific item of information that is asserted to be inaccurate.

As I understand the dispute, you are contesting payment of the debt itself.

 

They have three options in dealing with a dispute, all of which are based on their requirement to first conduct a reasonable investigation of the accuracy of their reproting.

1. They can determine that their investigation supports the accuracy of their reporting, and simply state it is verified.

You assert that you did not pay, they assert basis for concluding that you did.

Contested issues are not resolvable by way of the FCRA dispute process, as it has no provision fo compelling both parties to sumit all evidence, and make a legal determintaion of who is correct.  That is the job of the cours.  They are required only to conduct a reasonsble investigation, and make a determination supporte by that investigation.

2. They can correct their reporting so as to overcome any inaccuracy if their investigation supports the assertion of inaccuracy.

3. If they do neither of (1) or (2) above, they must delte the iinformation until such time as they can correrct or verify its accuracy.

 

Since you are asking deletion of the entire account, that is beyond the scope of outcome of your dispute.

If they verify, they need not provide documentation or prove the accuracy.

If they agreed and chose to delete the reported payment, that would leave the account as having an unpaid balance.

That could lead to reporting of additional delinquencies on the account, which they could add based on the removal of satisfaction of the debt.

Is that what you are really seeking?

 

 

Message 4 of 7
positivenrg
Established Member

Re: Bank of America won't remove false info?

I'm not disputing payment of the account. I know payment was made with my ex-husband's bank account (which my name was never on).

 

My credit report shows that I was the owner of this individual BoA credit card account. What I am questioning is: how could it have been an individual account when my ex-husband was able to speak with them about the account and even settle it? Wouldn't that make it a joint account? Evidently, he also believed it was a joint account, otherwise he would not have bothered to pay one red cent on it.

 

As it stands right now, according to BoA's records, they haven't made an error in reporting because they have absolutely no record of anyone else on the account ... which I find to be incredible. It seems to me that someone took the money and then covered their own butt. I'm the one left with the derog on my credit report.

Message 5 of 7
RobertEG
Legendary Contributor

Re: Bank of America won't remove false info?

Are you not disputing the accuracy of their reporting that the debt was settled?

And how would resolution of that matter by acceptance that the debt remains unpaid result in deletion of any derogs reported under the account, or benefit the scoring of the account by update to unpaid?

 

It is apparently being assumed that any inaccuracy in reporting under the account will compel deletion of the entire account.

It would appear to me that it would simply create a new set of problems.

 

Message 6 of 7
positivenrg
Established Member

Re: Bank of America won't remove false info?

Thanks for taking the time to respond, Robert. I appreciate it.

 

Do you think I should just let it go and wait until it falls off my credit report next year? Clearly, there was some type of mistake made but obviously, I don't want to do any further damage, either. :-(

Message 7 of 7
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