Assaulted, Wallet Stolen, Credit Cards Ran Up

[mj76]

Well the problem is I dont have the money for a lawyer now at this point. Would there be some way to get legal fees back through some kind of litigation, or how much am I looking at spending on something like this as opposed to the amount theyre trying to say that I owe ($10,000)

Edited May 25, 2010 by mj76

[GonnaGetEm]

Well the problem is I dont have the money for a lawyer now at this point. Would there be some way to get legal fees back through some kind of litigation or how much am I looking at spending on something like this as opposed to the amount theyre trying to say that I owe ($10,000).

 

I think that you better start looking at going to the media then, so that perhaps you can get a lawyer without big bucks up front. It would seem the police assume you got drunk, too out cash advances that you now regret and are trying to recoup after losing it all, and then beat yourself up or got a friend to do it.

 

I think the police aren't going to change their mind unless you change it.

 

I think that I don't know what you should do at this point, but that if the police won't investigate a PI would. How to pay them, who knows... I do hope you work this out. It's quite a situation.

Edited May 25, 2010 by GonnaGetEm

[beli]

Well the problem is I dont have the money for a lawyer now at this point. Would there be some way to get legal fees back through some kind of litigation, or how much am I looking at spending on something like this as opposed to the amount theyre trying to say that I owe ($10,000)

 

The only way I see in this case to get money back from litigation is if you sue the police department/and or Bofa if they drag their feet for failure to properly investigate, and even that is a long shot at this point.

[clutchcargo]

Don't you have to opt in for OD now? Or is the law not retro-active, meaning all accounts that were default opted in remain so?

 

No, they're not. I had OD on my checking account for the past many years and I recently got a letter from my bank stating that I'd have to opt in to keep it.

 

Likewise my Orchard card was opted in for over limit coverage, and when the new laws passed I got an email that said I would have to opt in to continue to have it. I didn't. Now it's gone from my account.

 

Then my question would be, unless OP recently opted in for OD, why did BOA allow this OD to occur?

[beli]

Don't you have to opt in for OD now? Or is the law not retro-active, meaning all accounts that were default opted in remain so?

 

No, they're not. I had OD on my checking account for the past many years and I recently got a letter from my bank stating that I'd have to opt in to keep it.

 

Likewise my Orchard card was opted in for over limit coverage, and when the new laws passed I got an email that said I would have to opt in to continue to have it. I didn't. Now it's gone from my account.

 

Then my question would be, unless OP recently opted in for OD, why did BOA allow this OD to occur?

And if the OP didn't opt in, wouldn't that be cause of a lawsuit right there, with the new laws? Which the OP COULD get a Naca.net attorney on contingency if bofa fought this tooth and nail? Which we know they are known to do. Just thinking out loud because I really don't know how the new laws for OD work.

Edited May 25, 2010 by beli

[mj76]

Thanks for all of the ideas, I will have to find out about how I was opted in for the OD protection also. My head is really spinning on this one just looking for any straws to grasp at. What type of lawyer would I need to call for this type of situation, or how would I go about choosing one? Sorry I've never really needed a lawyer before for anything other than a divorce

[beli]

Thanks for all of the ideas, I will have to find out about how I was opted in for the OD protection also. My head is really spinning on this one just looking for any straws to grasp at. What type of lawyer would I need to call for this type of situation, or how would I go about choosing one? Sorry I've never really needed a lawyer before for anything other than a divorce

Well if it turns out you were still opted in, when you said you didn't.. I would THINK that's a consumer lawyer, which could be found at naca.net But if you don't have any documentation that you opted in, it will be a he said/she said case, and not quite sure if one would take something like that... for the other.. not sure.. maybe Centex will see this thread and offer some suggestions.

[clutchcargo]

maybe Centex will see this thread and offer some suggestions.

 

If so, OP is doomed

 

j/k centex

[sanhima]

I find it hard to believe that your local PD is not concerned about a serious assault. It is not your job to piece everything together b/c you won't get very far. File a complaint with with the PD if you feel you have to.

 

 

Your priority is to protect your financial assets/status. Freeze all you reports and start monitoring. Also make sure you won't be responsible for any of the charges.

 

Actually, I believe it. When I started getting notifications of credit card accounts being opened and a car loan taken out with my social security number shortly after I'd moved, I tried to file a police report. The officer that came to my apartment could have cared less that this was happening, going so far as to insinuate that I knew who was doing this. After all, I've just moved halfway across the country, was in the middle of getting divorced and didn't have a lot of money. Surely I could find someone to scam, right? All I got was a miscellaneous report, despite getting advice from Chase and Ford Motor Credit to file a police report and fill out the ID Theft Affidavit from the FTC website. It seems that they were more on the ball than the police department was.

 

It's why to this day that I don't particularly care for the police where I live. Maybe if they took this more seriously, people wouldn't have such a hassle getting their lives back in order after and ID Theft occurance.

[centex]

CALLING BofA does NOTHING to preserve your rights. You MUST reduce it to writing, including the sworn affidavit of fraud.

[clutchcargo]

CALLING BofA does NOTHING to preserve your rights. You MUST reduce it to writing, including the sworn affidavit of fraud.

 

 

Wouldn't the burden of proof be on BOA to prove that he DID opt in as apposed to OP having to

prove a negative?

[centex]

CALLING BofA does NOTHING to preserve your rights. You MUST reduce it to writing, including the sworn affidavit of fraud.

 

 

Wouldn't the burden of proof be on BOA to prove that he DID opt in as apposed to OP having to

prove a negative?

 

Burdens would be an issue for litigation. The BOTTOM LINE here is that OP needs to reduce his issues to writing in order to preserve various rights.

 

I've decided not to go into greater detail here since other posts in the thread suggest OP really did not like the guidance being offered. Thus why waste additional keystrokes...

[cinnamngrl]

tl;dr

 

These cash advances...if they were taken at a cage, wouldn't there be videotape of them? There's about 10,000 cameras at any casino I've ever been in...even the shady ones.

 

 

This has been what has totally baffled me all along. By the next day I was personally in every one of these casinos speaking with their chief security officers about what happened. All 3 of them said yes there would be videotape, but that the police would need to contact them to release it. Then I found out that the police never assigned the case to anyopne and closed it. I called in to talk to the sergeant and he gave me the impression they would re-open and look into it and told me that the video surveillance there at the casinos doesnt always give a good description blah blah blah.. I used to really want them to find out who did this. Now all I want them to do is rule out that it was me at this point which I'm 100% positive any of the videos would do. The problem now is that this occured April 4th and I'm not sure that any of them would store video back that far.

 

I think if I was completely into getting this resolved in my favor (if I was you) I would get a lawyer first, then hang up the phone and immediately hire a private investigator. At least they have motivation to figure this out, unlike the police apparently. Good luck.

 

PI? no.

 

send the police report to BOFA by CMRRR

File a complaint with the Office of the Comptroller of the Currency.

Consult with an attorney

[hegemony]

CALLING BofA does NOTHING to preserve your rights. You MUST reduce it to writing, including the sworn affidavit of fraud.

thank you for reiterating something hegemony pointed out earlier in this thread.

[Doodah]

FWIW OP, your first case is being investigated.

[hegemony]

update?

[mj76]

hegemoney, update isnt good at all.

 

after wasting countless hours the last week trying to call up BofAs numerous ever changing fraud department numbers and begging and pleading with them that it wasnt me, I get nothing but transferred to recordings and I get lots of really compassionate people that feel so bad for my situation but cant help me or dont know what my next course of action is. They all really want to help me and I can tell from talking to them they honestly believe me. The problem is the lady that was "investigating" my case sees that I may be a vulnerable person that was irresponsibly drunk one night when i was bored.

 

I called in again yesterday because this "investigator" lady who ive had the pleasure of her uninterested vice for all of 5 minutes since this "thorough" investigation started, assured me that she would reopen the case after speaking with her last week. I called in 3 times last week to try to get a status update, none of my calls were answered or returned. So yesterday I called in after the fraud dept had all left and talked to another overly concerned unable to help woman who told me all of the previous notes that had been placed on the account from all of the other very sympathetic, yet unable to help people. After 15 minutes of researching, she then came back on the line to tell me that the unconcerned investigator has immediately retorted "3 investigators have already looked at this claim and if caller calls back in inform him that our decision is final"

 

So their decision is FINAL based on a forged signature of my name. No other appeals, not giving me ANY information whatsoever except that "the signature on the cash advance slip is similar to mine"

 

I'm completely dumbfounded at every aspect of this whole thing that I don't even know where to go from here. Every attempt of calling them and getting them to listen to reason falls of deaf ears, or just getting transferred around to different numbers or recordings.

 

I cant even talk to a single person at BoFa TO AT LEAST INFORM ME OF MY RIGHTS AND OPTIONS AT THIS POINT. I never anticipated any of this happening and was in the midst of starting a new life with my wife on a very limited income.

 

I really owe alot to this board because if I never found it 7 years ago I dont think I wouldve had the direction or the discipline the past decade to work hard to repair my credit. I havent missed a single payment job or no job I rearranged things and and stayed up nights stressing the best wayo spend a dollar here or there.

 

Now this one night of being drunk at a casino has cost me everything and I now have 13,000 dollars looking at me on my BofA account page everytime I log in and I cant find a single person that can help me on it, or even tell me what my next legal or appeal options are.

 

I even have the backing and moral support of my local BofA branch, who told me that the forged signature and mine look nothing alike, and who all think im being hosed, but can offer me no other advice than "just keep figting it thats not right"

 

The investigator has basically glanced at my case, laughed at it and denied it. At this point I am just tired of the whole thing. I havent slept well for weeks and feel like theres no one sane over there at BofA or anyone with a real conscience or who cares about the truth here.

 

Anyways, at this point, BofA is making their decision based on loopholes and trying to wear me down even in the pursuit of trying to find simple options from here.

 

Im so disgusted about all of this but honestly the whole story is true. I just went from awful credit to flawless credit for for 10 yrs approaching 800 thanks to these boards. I just wanted to also post how someone can drop like a fly due to one simple event.

 

This all happened at the absoulute worst time also, because I had just drained my bank account to pay off 4,000 in higher interest debt right before this was dropped onto my shoulders, so then the snowball effect started and im looking at very possibly being homeless after this month.

 

For the love of God, or whoever, is there any way out of this for me I'm willing to do anything to talk to anyone or get any advice

Edited June 5, 2010 by mj76

[centex]

why are you still CALLING? I do not see where you have reduced the issue to writing...you know, that manner that federal law and credit card agreements tell their users is a necessary mechanism to preserve rights. If you still refuse to put this in written form to send to BofA, then you have voluntarily elected to have sawed off the most important legs upon which a claim may stand...

 

How many times can people tell you here that CALLING DOES NOT PRESERVE YOUR RIGHTS?!?!?

 

I also would guess that some of the update question was dealing with your claims pending with Reno PD.

[beli]

Have you looked into getting a consumer lawyer? They usually take these case on contingency. I'd be staying off the phone at this point, and talking to corporate. Get everything in writing. If you HAVE to be on the phone, record the calls. Nothing at this point should be done over the phone. Everything you've said here needs to be in a letter to corporate.

 

Corporate Headquarters (Bank of America):

 

Bank of America Corporate Center

100 North Tryon Street

Charlotte, North Carolina 28255

 

You can always write the CEO:

 

Mr. Kenneth D. Lewis

100 N. Tryon Street.

Mail Code NC-1-007-18-01

Charlotte, NC 28255

 

I believe if I remember correctly that Ceo changed.. I I believe it's Brian Moynihan now, at least that's what Googling is leading me to believe.

[cinnamngrl]

hegemoney, update isnt good at all.

 

after wasting countless hours the last week trying to call up BofAs numerous ever changing fraud department numbers and begging and pleading with them that it wasnt me, I get nothing but transferred to recordings and I get lots of really compassionate people that feel so bad for my situation but cant help me or dont know what my next course of action is. They all really want to help me and I can tell from talking to them they honestly believe me. The problem is the lady that was "investigating" my case sees that I may be a vulnerable person that was irresponsibly drunk one night when i was bored.

 

I called in again yesterday because this "investigator" lady who ive had the pleasure of her uninterested vice for all of 5 minutes since this "thorough" investigation started, assured me that she would reopen the case after speaking with her last week. I called in 3 times last week to try to get a status update, none of my calls were answered or returned. So yesterday I called in after the fraud dept had all left and talked to another overly concerned unable to help woman who told me all of the previous notes that had been placed on the account from all of the other very sympathetic, yet unable to help people. After 15 minutes of researching, she then came back on the line to tell me that the unconcerned investigator has immediately retorted "3 investigators have already looked at this claim and if caller calls back in inform him that our decision is final"

 

So their decision is FINAL based on a forged signature of my name. No other appeals, not giving me ANY information whatsoever except that "the signature on the cash advance slip is similar to mine"

 

I'm completely dumbfounded at every aspect of this whole thing that I don't even know where to go from here. Every attempt of calling them and getting them to listen to reason falls of deaf ears, or just getting transferred around to different numbers or recordings.

 

I cant even talk to a single person at BoFa TO AT LEAST INFORM ME OF MY RIGHTS AND OPTIONS AT THIS POINT. I never anticipated any of this happening and was in the midst of starting a new life with my wife on a very limited income.

 

I really owe alot to this board because if I never found it 7 years ago I dont think I wouldve had the direction or the discipline the past decade to work hard to repair my credit. I havent missed a single payment job or no job I rearranged things and and stayed up nights stressing the best wayo spend a dollar here or there.

 

Now this one night of being drunk at a casino has cost me everything and I now have 13,000 dollars looking at me on my BofA account page everytime I log in and I cant find a single person that can help me on it, or even tell me what my next legal or appeal options are.

 

I even have the backing and moral support of my local BofA branch, who told me that the forged signature and mine look nothing alike, and who all think im being hosed, but can offer me no other advice than "just keep figting it thats not right"

 

The investigator has basically glanced at my case, laughed at it and denied it. At this point I am just tired of the whole thing. I havent slept well for weeks and feel like theres no one sane over there at BofA or anyone with a real conscience or who cares about the truth here.

 

Anyways, at this point, BofA is making their decision based on loopholes and trying to wear me down even in the pursuit of trying to find simple options from here.

 

Im so disgusted about all of this but honestly the whole story is true. I just went from awful credit to flawless credit for for 10 yrs approaching 800 thanks to these boards. I just wanted to also post how someone can drop like a fly due to one simple event.

 

This all happened at the absoulute worst time also, because I had just drained my bank account to pay off 4,000 in higher interest debt right before this was dropped onto my shoulders, so then the snowball effect started and im looking at very possibly being homeless after this month.

 

For the love of God, or whoever, is there any way out of this for me I'm willing to do anything to talk to anyone or get any advice

 

send the police report to BOFA by CMRRR

File a complaint with the Office of the Comptroller of the Currency.

Consult with an attorney

 

If you don't send letters to BOFA, you basically are giving up your rights

[ICANHASMUNY?]

have you been to the FTC site for info an ID theft?

[jack1212]

Lots of lawyers do free consultations. It wouldn't hurt to try that.

[clutchcargo]

Interestingly enough I just received some revisions in my Bank of America terms of service.

 

1. They are eliminating arbitration as their method of determining fault. This could be good as they will no longer be judge and jury.

 

2. They very clearly outline the dispute process. As centex has been saying, it must be in writing. Within 30 days of receiving your letter

they must acknowledge receipt. Within 90 days they have to issue a resolution. During this time you do not have to pay them anything

towards the disputed charges. During this time they also cannot report you delinquent. If they find the charges are valid you can still

write them within 10 days saying you refuse to pay and they cannot report you delinquent without also stating it's in dispute.

 

Check your mailbox.

Edited June 5, 2010 by clutchcargo

[adventurer07]

I would definitely seek legal counsel at this point - even if it's just a free consultation. You can try a prepaid legal program as well - they're cheap (although you may get what you pay for - I've had good experiences but YMMV in this situation). Also do what Clutchcargo and Centex said, good info there.

 

Good luck OP - sounds like a tough situation and I hope it works out favorably for you.

[cinnamngrl]

for the 100th post on this, i will say that i am sorry that suggested calling an attorney. if only because it seems to have distracted away from the fact that you must report fraudulent charges in writing. you must complain about improperly charged fees in writing! there is nothing you can do to improve the situation unless you write letters.