mj76

I am in the process of trying to serve B of A with a summons to court. The problem that I am having now is that BofA's registered agent in Nevada is dissolved since 1997. I have gone to North Carolina's secretary of state website which is the only state I can find that they are still "active" as having a registered agent in that state. Now my intentions to serve them was going to be through a process server I've spoken to in Charlotte, NC and then to file it with the secretary of state in Nevada. However I need the Nevada courts to recognize this as a proper filing, and after calling the Nevada secretary of state, they say that B of A's "dissolved" registered agent in Nevada "Corporation Trust Company of Nevada" is still accepting service even though they say they aren't for Bank of America since 1997 when the mergers took place, and BofA locally turned into a national bank. I dont want to waste the money in filing fees etc etc etc if this isn't going to be recognized as a legitimate filing. It's unbelievable the trick bag that is just tryuing to figure out how to legally sue Bank of America for your own money back. I have found no precedents on the internet whatsoever that arent the government sueing bofa or a big class action lawsuit. I have emailed New Yorks attorney general Cuomo who is now sueing BofA on behalf of the people of new york to try to find out about the filing procedures. I am filing based on simply "breach of contract of no liability clause" for my money back that was stolen. I have obtained plenty of evidence in my behalf, the only thing I need to do at this point is get them into an unbiased courtroom. Can anyone help me out on this one? Do I serve them the process through their registered agent in NC, then file with Nevada, or does this have to be done federally since they are a national bank.

hegemoney, i tried to send you a personal message earlier about what you said, but your inbox is full. i have no bad feelings for creditboards.com, and i never knew the consumerist would include this message board link in my post, they researched it themselves. i did not link them to this board. i simply said that i had followed ALL of the advice that was offered to me here, and it led me to dead ends. i do appreciate this message board, as i've been here for nearly a decade. i did not appreciate all the cynicism i recieved over my post, but i expected it because i was honest with everyone which left me open to pop shots which i expected. however, everything i said is 100% true, so i dont really care if anyone gets their daily dose of humor on my account. i just have some serious issues right now that i need solved, and i am trying everything i can. i am sorry if you considered my post at consumerist as derogatory to this board. i never intended for it to come across that way. i am just tired of defending myself and reiterating what i've already written to people that did't take the time to read it properly the first time. you can find evidence in this at consumerist where theres lots of people telling me to file a police report when the first thing i stated in my story is that I FILED A POLICE REPORT. so obviously this isnt that great a piece of advice to me now. http://consumerist.com/2010/06/bank-of-ame...-own-money.html by the way i was just approved for a $20,000 penfed promise the other day on top of all of this BS. i didnt even get the "pyramiding debt letter, even with this 11k sitting on my books.

since bank of america took me for $11,000 dollars lets just say as a hypothetical question, if bank of america said you owed them 11,000 dollars and had completely ruined any chance you ever had of living a legitimate life, and you had an additional 100k in credit line you could use before your credit was flushed down the drain, what would you do with it? so far i've only bought a pair of shoes which ive needed for 3 years, and a gym membership. any other ideas? preferably something that can bring some cash back in.

I am very surprised to check this thread today learning that consumerist actually posted my story. if anyone is unfamiliar with it the link to the old thread is: http://creditboards.com/forums/index.php?s...7718&st=125 (I think this is a cesspool of a thread, so I would only recommend reading the last page or 2 of it to get an idea of the matter at hand) The original reason I checked the thread (reluctantly with all the skepticism here) was just to give an update. After the last email that I sent to BofA which I posted in my last thread, and reported the incident to the OCC, I recieved back a letter from the Office of the President, saying that they considered all of my concerns and that they stand by their decision. (big surprise considering its from a BofA source) I am still fighting this thing 100% of the way and I could care less if anyone believes me or not. I'm posting this everywhere because obviously what I am saying is true. On a side note I have found out the full name of the person that did this last night by chance. A girl I have known here in Reno for 3 years but I had never discussed this case to before. We were talking the other night, and I told her of the guys nickname. She IMMEDIATELY knew who he was be the description I gave her. She told me this guy I knew only as "J" is "Bruce Carpenter" and she used to have a relationship with him. So I googled "BRUCE CARPENTER RENO" online and came up with this link http://www.kolotv.com/home/headlines/87103007.html This is indeed the "gentleman" that stole my wallet that night. I will inform the Reno police "investigator" that i just did his job for him tomorrow and see if that will at least get the police to question him. I am anxiously awaiting the arrival of the reno police force to inform them of this discovery although I am not sure how much it will help now.

Why would you ever write a generic letter to the presidents office let alone a generic letter for a situation like this? Your story and this amount of money will get his attention one way or another. I completely missed a "generic" letter.. sigh... as crazy said... why in the bloody world would you send a generic letter in a situation like this? It just boggles my mind the amount of time wasting, not to mention the whole "What good will it do" attitude.. is beyond my comprehension. if what happened to you, happened to me I would've had a letter, along with police reports to the president the DAY I got the refusal to accept fraud charges. I've spent enough energy on this, if you don't want to do what you need to do, then no amount of typing or anything from any of us is going to convince you to do anything. All I have to say I hope like hell they don't try and file a lawsuit to recover those bounced checks because they will, and it could be considered a felony given the amount. I didn't mean to refer to a "generic letter" as how I would send it to them. I meant that I feel that most upper-management staff from BofA that recieves lots of legitimate consumer complaints will percieve any correspondance as "A generic complaint" If anyone thinks one of their letters addressed to bank of america's president that another 2 million people are already emailing wont be considered "generic" are kidding themselves and acting counter-productively in my opinion. I most certainly will make all of my personal issues known as far as the claim goes, but what I meant is that THEY will (most likely) percieve this as a "generic complaint" in the grand scheme of things. Sorry for my unconventional way of stating facts here! I really am trying to be as clear and precise as I can.

Ok, I understand your point about the rambling, and when I re-read it It seemed rambling in some parts also. The only reason I wanted to include something about the handwriting analysis is because that is what is making or breaking my case at this point unfortunately. I don't think it should have ever come down to that, but it is the last thing i am relying on now, which is my best avenue to prove this wasn't me now. My thinking is that they know that im willing to foot the bill to get an expert's opinion in official writing against their pencil pushing so called fraud investigators opinion about my sig. And if they know anything about the competance of their fraud divisionthen they will probably assume that I will be in the right and their grunts in the wrong, and hopefiully resolve things without having to bring in all these forensic evidence.

As a side note, to my surprise, I also today found a website of many other people who have had the same experience as I have dealing with BofA's fraud dispute resolution depertment. Apparently by reading the boards there all day about any topic related to mine, this is their normal way of handling fraud claims. I guess since they deny most honest people's legitimate fraud claims, now I dont feel so excluded. Check (www.[thatbankimreferringto]sucks).com and read some of the stories there concerning numerous other's legit fraud claims which were all denied. Apparently the customer is always put through the ringer on fraud claims with BofA so I dont feel so excluded anymore.

Thank you breeze, this cynicism is really beginning to upset me as well. I have been completely open throught this whole incident. It almost proves my point, how rediculous this whole thing is if these people here are doing nothing but accusing me of lying also. I've posted case numbers, web addresses etc. to check validity of even before this decision was made, and random chimers in still think I'm lying, and that the system is just. Either that, or they think that I deserve everything thats come to me for supporting Reno tourism for cheap way to pass time on a few given nights. Is this a messed up, and complex situation? Yes. Is it a real situation? Yes. Did I provide proof of all of this? Yes. Have you ever been intoxicated and not on top of your game before? Im guessing the answer is "YES" also. If the answer was yes, do you think that this punishment fits the crime? Anyways, I just composed a quick letter which I'm forwarding via fax tomorrow morning to BofA headquarters, the fraud dispute div, etc. This is in follow up to my OCC complaint, which has already been accepted. Can anyone please advise me if this is an acceptable letter to send? Anything I should exclude, or include? Like I've said before, I was never informed of the proper procedures so this is what I've come up with, all constructive criticism is welcomed. June 14, 2010 Bank of America Dispute Resolution Services P.O. Box 53137 Phoenix, AZ 85072-3137 SUBJECT : FORMAL DISAGREEANCE OF FRAUD CLAIM INVESTIGATION Claim Number: 3278907APR10 To Whom It May Concern: I xxxxxxxxx am writing this letter as a formal appeal to the fraud investigation decision that was made concerning the above-referenced claim. I was not informed of my rights after my claim was denied by Samantha Saballa, or her supervisor whose name she refused to disclose, but whom I learned was named “Enriqueâ€. I do not feel that the reason of Samantha Saballa’s decision to deny my fraud claim was just or fair. She only provided 1 of the 6 forged documents from the fraudulent casino cash advances that were drawn on my account. She refused to consider the existence of surveillance video, as well as the existence of fingerprint impressions that were made at the point of transaction that would prove the charges were not made by me. There was an incorrect PIN attempt at an ATM 15 minutes prior to the first fraudulent withdrawal. She was unwilling to consider possible video surveillance at the Bank of America location where the withdrawal was attempted. None of my past perfect payment history and financial records were considered, nor the fact that I had just made payments to pay off several other credit cards before this occurred as an attempt to not get into debt. She did not consider a numerous amount of things that a reasonable unbiased person would have considered in her decision. She claimed the forged signature “resembled mine†as her entire reasoning for my claim denial, without speaking with me once on the telephone, and I do not feel that she is qualified to make this assessment. I have had other numerous opinions from local Bank of America staff that agrees it is not my signature. I have retained the services of forensic document examiner and handwriting analyst experts with certifications and credentials in this field which I requested a notarized letter be considered from them which she also refused. I am in the process of recovering all 6 casino cash advance forms from GCA as I have spoken with their fraud dept supervisor. I will then find every past signature I can come up with that is authentically mine, against the forgeries and have them examined by an expert in the field. It should also be noted that I had to file the initial police report over the phone, and was not pleased with the way it was written up by the officer in jest. I went to file a formal complaint about how the officer wrote the report, and was informed she had been terminated. I think this also played a part in the decision unfairly. Additionally, Samantha had my claim confused with someone else’s when I spoke to her on the phone, leading me to believe my claim was improperly handled. Because I have never had a late payment on my credit history and to stay in good standing until this dispute is resolved correctly, I have made a good faith payment on this fraudulent debt which has put me and my family’s future in jeopardy. I still have not been informed as to how someone was able to withdraw over $10,000 in cash funds on a debit card that had no funds attached to to it in 6 separate withdrawals, without something being flagged for irregular account activity. I also have not been informed how my credit card became an overdraft protection for my unused checking account. I feel that Bank of America is in gross negligence concerning this investigation, and have breached their “no liability†clause. I have contacted the Office of the Comptroller of Currency, the FTC, and Attorney General’s office, as well as any news and media outlets this may be of interest to concerning the difficulty I’ve had resolving this claim with Samantha, as well as her unprofessionalism in simply informing me of my rights as a consumer throughout this ordeal. I feel that if the forgery of my signature was what was the determining factor in this matter, that I should be allowed to submit the expert opinion of a forensic document examiner and handwriting analyst as well as other facts of this case be considered. I will also be forwarding information regarding this case and my dispute of these fraudulent charges to the office of the president and brian.t.moynihan@bankofamerica.com for consideration on resolving this matter. I am forwarding fax copies to Bank of America’s Dispute Resolution Services, and Fraud Claims Department, Bank of America headquarters in Tyron, NC. A Certified Mail Return Receipt Request letter concerning my disagreement of this decision will be mailed out Monday Jun 14 2010. I will await a response from someone knowledgeable about my claim, and how my claim appeal will be handled. I am hopeful that this matter can be resolved properly without any further and unnecessary litigation. I can be reached at XXXXXXor XXXXXXX. Regards, ME Is this acceptable as a form of appeal since I have nothing else to work with? I am new to this whole beauracracy thing, but I wanted to keep it to a 2 page fax, and make as many points as I could. Should I revise it any, if I should then how so? Edited to remove personal info

I'm not sure if she would want to put her neck on the line like that even though she told me it looks nothing like my sig. I was also suggested this off the record by a BofA CSR the other day. She told me go into the branch and have the manager call some number she wasnt supposed to give me and ask to talk to a supervisor and give their opinion. I guess it is worth a shot to try it, but they seem pretty dingy over there at the local branch concerning this issue. I did just find out about the Office of the Comptroller of Currency, and I just filed a complaint with them at http://www.occ.treas.gov/customer.htm I used the entire 4000 character maximum and hope I explained everything well enough. I gave them Samanthas supervisor, Enrique's phone number as the contact person at the bank. So we will see if anything happens with that.

Beli, there SHOULD be I agree, but there isn't! And no, I cant find a single person to tell me who to write or where to write they say its FINAL. Here is the last letter they sent me : May 25, 2010 Dear ME: You recently contacted Bank of America requesting that we re-evaluate the above referenced ATM/Check Card dispute. We have done a thorough second review of your case, and have concluded that our original determination was correct: no posting error has occured on your account. Therefore, we are unable to credit your account, thus closing this dispute. They then say the 800 number to call to request documents they referenced to reach this decision. The document I already looked at and its a laughable forgery of my signature on one of the 6 cash advance stubs. The 800 number or Enrique the fraud claims supervisor is screening my calls and avoiding me. On the lighter side of things, I got preapproved for a 20,000 dollar penfed in the mail the other day. H

Well, sorry for the "woe is me" stuff. When I started this thread at first I was pretty banged up and not thinking right and not even knowing if i was going to have any other effects from the head trauma, and was pretty freaked out about it. I'm sure I'm not the only one that would be. At that time I also didn't anticipate the bank reversing the 11,000 dollars back to my account on top of all of the other stuff ive had to deal with. I have heard LOTS of suggestions of which I've tried them all and gotten nowhere so far except other suggestions from the suggested people who loop me back to where I started. So I guess at this point I just send a letter to the president of BofA which will probably get trash canned. I really hadnt ever heard of a situation like this, or if it occured, then the fraudulent charges were USUALLY reversed. So that is why I am trying everything I can on this.. My apartment is nothing but papers and copies and phone numbers etc scattered all over for the last month and I'ts pretty exhausting keeping it all straight. i've been trying to do too many things at once on my own. Honestly if I had immediately sent a letter to BofA president's office, why wouldnt they just glance at it, and take the same stance as the fraud investigator on this, or would he even bother to look at my situation? For some reason I highly doubt it with all of the mail and cases they get mine is just less than a tiny speck. Most of the people here replying haven't even read the whole situation, even though I explained it as thoroghly as I could. So I'm thinking why would BofA's president read or care at all about it? I dont really want to waste more time firing off letters everywhere that I dont even know if theyre going to the right people or right addresses, then even so, this is a huge bank. I'm pretty sure by now they will tell me I've wasted my timeframe for any kind of appeal which is what I've been trying to figure out how to do. I think the decision letter was mailed out on may 14, but I didnt recieve it until may 24, after I had already started this thread. So, I'm thinking just in case they try to say I only had 30 days from May 14th I should fax in some sort of letter telling them I am appealing their decision (which I still havent even been informed I can or can't do) Then send out a hard copy on Monday CMRRR to the office of their fraud division (I cant find anywhere who it should be addressed to exactly) and to the office of the president? My intention I'm going to tell them since apparently they have no fingerprints or video etc. at this point is to get copies of all 6 of the cash advance stubs from GCA (Global Cash Advance) the company the casinos use for their cash advances. Then I'm trying to find any signatures of mine from the past that I can come up with, and retain the service of a forensic documents examiner and expert handwriting analyst. I am confident that they would be able to verify the signatures on the cash advances were forgeries. I just dont want to waste the money to get these documents examined if this type of expert tetimony isnt allowed to be considered or admitted into what ever type of appeal hearing this will be. (I still dont know what it is) There are some things I need to know if I'm going to get this thing solved, but it's not like these are everyday circumstances that everyone has all of the answers to. There are lots of other circumstances surrounding this whole thing that I am skeptical a generic letter to the presidents office will solve or even help any. I guess I just need to simplify things some, 1)Is anyone familiar with how this appeal is done (AFTER theyve claimed to have made their final decision) or 2) what the time frame is from the date of them sending the original decision letter, or the "reconsideration" letter? 3) Does this time frame start from the original decision letter or the "reconsider" decision letter? 4) Will they consider a notorized letter of opinion from a forensic documents examiner or handwriting analyst?

I haven't had internet access the last couple of weeks and couldnt reply to this until now. The original fraud claim was already filed, and the police report was sent to them already. They claimed they did a thorough investigation already according to Samantha Saballa who was rude and condescending throughout with me and her supervisor Enrique she claims helped her determination. She claims 3 investigators have all looked at the case, and if I call back to tell me that the decision is final. I've talked with a couple of attorneys who could only tell me they could help me with the bankruptcy, but I dont wannt to file bankruptcy over a thug who stole my wallet. Also with regards to the cardmember agreement, I couldn't find it, but I looked at one of my other cards agreements and it mentions something about an arbitrator. Then from what I've heard about arbitrators, they rule in favor of the baqks 95% of the time. All they need to do is track down the fingerprint or have a handwriting expert look and see that its a forgery of my signature. But I cant find anyone thats able to inform me of how I can do this. Ive talked to everyone under the sun now, and i dont really want to rely on some rigged arbitation process and start my life over from scratch again.

This is what I've been trying to figure out for the last 2 weeks is the name and address that I need to send my letter to and the form that the appeal should be written in. I figured that it would all be explained to me somehow, but they simply don't want to tell me my rights. I just called and spoke to the investigator again 30 minutes ago and finaqlly found out her name. she was telling me why my claim was denied and started talking about surveillance video. I knew then she had no clue who she was even talking to or what case she was referring to. She was arguing me on my claim, yet had my claim confused with someone elses. She didnt even know what she wastalking about. She gave me the number to her supervisor "Enrique" who apparently mentored her on how to screw me on this case, and who I'll now have the pleasure of playing phone tag trying to get ahold of. I just wish that they could give me facts on how to oppose or arbitrate this. and the letter would be typed up immediately. The investigator I talked to didnt even want to give me Enrique's last name, and when I called him I just got voicemail like usual. So, I need to keep trying to find someone that can inform me of where to send my letter to. Or should I just send something to the president? Then surely no one will ever read it right? Does anyone know the official addresss to write in my dispute about this as clutchcargo was saying, or should I just address everything generically to corporate as beli was saying? \ The original denial letter was dated May 14, and the funds would be reversed to my account on May 24. I called in May 25 and they told me they would "reconsider" my claim, then it was immediately denied again without them notifying me. So I just want to get this in to them well within the 30 days of reciept of thier garbage decision, but theyre making it difficult to find out how to file my appeal.

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

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