My husband and I had a JC with BOA. We closed it in December, in person, in the branch, with the branch manager. All in Good standing. No problem. I had a personal checking/savings/mutual with them as well. I am an IDIOT when it comes to balancing my accounts, paying attention. I really am not the best financially. However, I always clear and pay up whatever it is before any time constraints are reached at all. BOA has made 100's of me literally, and I've always been good for it. I had business banking with them that I had to close because my business was a black hole that hemorrhaged money.


Three weeks ago, I log in online and have a heart attack. My personal account is $888,863.00 in the negative. Not only that but the CLOSED joint account is now open, and also 800 something thousand in the Negative. I couldn't believe my eyes. I actually counted the spaces with my finger to see if I read right.

I immediately went to the same branch we closed it at. Three hours later, I end up with:
1) BOA suddenly reversed a claim filed over six months ago, and charged the money and fees back to the JC, and took out all notice of it being closed. (Keep in mind the Branch Manager closed it). No notice to us, no mailing. They said they sent something to a PO Box in Reno. Even though our addresses have been fully updated with them, and the reno address wasn't ever given to them, ever. It was a forwarding, temporary thing when we moved duty stations in Sept.

2) my acct and the JC were neg, and for more than several statement periods. (mine one, the JC since Dec, as we had NO knowledge of it whatsoever)

3) BOA wants to close my accts. If I pay the amounts in full, then they will be closed in good standing, and the Branch Manager was told definitively that NO Chexsystems report would be filed on anything. He asked specifically.

4) I go to WAMU. No problem, open account, deposit some stuff. Get checking packing in mail that requires me to write a check for a transaction immediately so they can capture my sig. Okay.. I go to Target. Write it. They don't like starter checks, I show manager the actual instruction paper from WAMU. They run it. No go. Certegy Systems says no.

5) I go to WAMU. They have a Chex systems report from BOA! Just updated in last two days. I called Cust Solutions, and let them and the Branch manager know I would be clearing my personal account before 15th of April, but I wanted two weeks to work with Claims to get my $300 back from them. It was fine, they said due to fact on April 2nd I would get OD notice and had 30 days FROM THEN to clear account. Not to mention the other dept. (Risk something) said no Chexsystems whatsoever as long as we cleared everything as soon as we could.

6) WAMU has frozen all my money. Ironically, now i cannot withdraw the money from WAMU to pay BOA early (no claims resolution yet), because of the Chexsystems report.


How do I get BOA to remove the Chexsystems? I have literally a clean slate on Chexsystems besides their recent entry. How do I get WAMU to give my money before the 22nd so I can get a paid letter from BOA to try and keep my WAMU account?? WAMU is closing mine they say, no other reason given.

I have sub 600 credit, but nothing bankwise on there, just CC's. I also have positive tradelines on my TRW from school loans, one CC.

Please help. I am utterly lost, no CS person wants to talk to me, they give me more and more 800 numbers. I opened a Wachovia Savings account same time as WAMU and I just found out tonight they too have marked my acct for closure. I have had no NSF's and basically no activity other than deposits into these accounts.

It sounds as if BOA has reported you for some kind of fraudulent activity to chexsystems. As far as being told they will not report you to chexsystems if you pay, THEY LIE. If you are going to pay them try to get something in writing that states what they have promised, otherwise they will not remove you from chexystems.

As far as WAMU holding your funds, unfortunately that is what these banks will do. WAMU is the worse one known for this (IMO) Wachovia also uses chexsystems and EWS and will freeze and close as well. They have no legal right to hold your money, even though banks do it all the time. Fight It!

1) Go into the bank and speak with the branch manager where you have the account.
2) Demand to see in writing where the Federal Reserve allows them to hold your funds for that extended period.
3) Send a fax to both the local branch manager and a bank executive [VP], demanding your money. Ask them to show you legal proof that allows them to hold your funds hostage

3) In the fax, tell them if they do not release your funds immediately, you will find complaints with the following authorities:

- The Attorney General for Your State
- The State Agency that Regulators the Bank
- The Local Justice of the Peace

Another good avenue to take in this situation is to make a complaint about both of these banks with the OCC

WHEN YOU MAKE A COMPLAINT TO THE OCC...GENERALLY THIS WILL GET THE BANKS ATTENTION VERY FAST !!! THEY DO NOT LIKE COMPLAINTS FROM THE OCC.



http://www.occ.treas.gov/ConsumerComplaintform.pdf


May I ask where you live?

I live in California, but our state of residence is Nevada.

So besides trying to get my money from WAMU is there nothing I can do about BOA and Chexsystems? I was given a number today to call, after speaking with the fifth person. The woman I spoke with didn't give her name, wouldn't answer my questions, and said that a bank cannot take me off Chexsystems. I told her that everyone, from the bank manager to Chexsystems itself was telling me different and what did I need to do to get this cleared up, as I was told explicitly that I would not be reported. She hung up on me. I was floored. She actually "hung up" on me immediately the first time that I called because I didn't have my account number in front of me and my SSN pulled up no information, so she transferred me back to basic CS in the middle of a sentence.

I am so frustrated by this! They have already closed my account, of course over drawn, even though we've been in constant working communication with them and in person with the branch manager. It was completely clear that I had time to pay in full, before they closed it, and with no reporting. I was told to pay it in cash, thus I deposited my money into WAMU, so I could get the cash to pay them. Now I cannot get that money out to pay them in cash, because of the report and cannot work on getting the report off without paying them. I have to wait until the 18th to pull my funds out of WAMU. My agreement with BOA was to clear it by the 15th, so I had time to work with Claims to get my money back.

What do I do now?? WAMU says that they have no problem keeping the account open, if I get the thing off Chexsystems, as I had a completely clear record before. They will extend the closure date for me if I need it, but they won't let me use it.

Have you tried calling the corporate head quarters for BOA ? I have had a few people tell me that they were able to reach an executive there and it seemed to help them ..I will ask on my board to see if anyone knows who to contact

I have no idea how to contact them. I've gotten six different numbers just today alone to get in touch with "the people who can help me". All I want to do is pay it in full like I said I would, and go on about my way, just like both parties agreed to. Thank you very much for taking the time to answer my questions and ask around!!! You have no idea how much I appreciate it. I really feel overwhelmed, and don't see any light at the end of the tunnel. I pulled all three credit reports today and disputed three items that were validly wrong. I have a long road ahead of me

Remember though, paying off the debt will NOT remove you from chexsystems. BOA is indeed a very hard bank to deal with when it comes to these issues.

Are you going to pay them?
Do you agree with the claim reversal?

Shouldn't they have sent you a bill instead of re-opening a closed account?
That sounds so dirty!

mca ~ if I go into the branch and some how get something in writing saying I will pay in full and they will delete will it work? I mean the branch manager was told exactly same I heard so he can help me.

epaper ~ They are a33hats!!!! they sent us nothing and conveniently picked an address that was NEVER given to them or used by us with them to say they sent notice to. I had to pay the Joint account up to zero immediately as I could not afford anything to go wrong with that whatsoever from that moment on... my DH's name is on it and he's a Marine. The claim reversal was totally B.S.... I am supposed to have time after notification to review the documents sent in by the other party and respond... of course I got none of that...

I would have been able to take care of my personal account that day and totally avoided this entire horrific problem IF I hadn't had to give them $300 on the Joint account. Irony? I don't think so.


So now I don't know what to do. I'm going to go into bank, I'm going to work with Jim, do everything I can to get agreement to pay in full for deletion of report (IN WRITING) then immediately fax paid in full letter and deletion letter to Chex and walk it into WAMU. So keep all your digits crossed that I get it! I mean they can't dispute what they said and call the Branch Manager himself a liar.

yes if you get it in writing that if you pay in full they will agree to remove you it should work. The bank will have to direct chexsystems to remove NOT YOU. Even with a letter from the bank, chexsystems will not move until they hear from the bank themselves. If I have to guess, the manager will not agree to give you anything in writing. They will not want to remove you from chexsystems. They wil probably say that they best they can do is have it shown as paid on the report. Tell him how upset you are that you were lied to the same as him but how this is going to restrict your banking abilities. Let him know that you are planning to go to any and all authorities that can help you with this matter if it is not handled as promised now.

Lord I am soooooooooooo frustrated! They still refuse to release my money!!! I spoke with a woman three days ago, who after a long process eventually said that there was nothing she could do for me until the 18th, when the 10 day business hold was up on the check. So okay fine, I go in. The branch manager calls the department to release it so I can withdraw my money. No can do, they say they have to hold it until the 22nd. So I call them. I talk to them, tell them they have no legal right to hold my money and that the branch manager better show me the law in writing or I'm not leaving. Well they say the branch can't do anything, it's us that has the hold, and we don't care how long you sit there, we aren't there. We can't help you. I say well I know you have the money, the check cleared, and the ten day hold is up so what legal right have you to hold my money? She says the bank won't verify the check cleared. I say which bank? She says NSB. I say, well NSB already told us it cleared and you have the money. She says when we call them they won't verify it over the phone. I say who cares about phone verification when you electronically have the proof and tracking that WAMU received the funds. She says well we can't verify it so we have to hold it. I tell her she's avoiding answering me, that she can't possibly expect me to believe that phone verification is the only method they have. She says it is. I say are you serious? EVERY check written and deposited into WAMU is phone verified. She says of course not. So I tell her then you do have other methods. So verify and release my money immediately. She just repeats herself about the "bank cannot verify" I tell you know what, I can obtain physical proof it cleared and that you are withholding money without cause. I am going to file with every agency I can including the OCC and the Attny. Gen. office among others. She stutters a bit then hangs up on me.

I left the bank as I had my two little ones with me and didn't exactly want the cops called. I wasn't loud or anything at all though. But I am furious. Literally they have no respect for anything. They don't care what you do or what your rights are. And I honestly don't see what I can do that will change that or get results from me.

The woman Sharon told me that I could walk into WAMU on the 22nd and get my money. I told her I have in writing that WAMU is closing my account on the 22nd and any funds in my account will be mailed to me in a check (further time they are withholding my money from me). She says well if you go in on the 22nd, they will call us, we will release it and you can get your money.

So do I get faked out again? Do I go in on the 22nd at 8AM and try to get it? What else can I do?? I've been to the bank five times and talked to three people in the "special" department. Of course.... mysteriously... NO notes are showing what I was told by "Lisa" three days ago (that on the 18th I could get my money as 10 day hold would be up). I don't get how that is legal also.

I've drafted a letter already, I'm just trying to find fax numbers / addresses for all the people I need. I don't know what state agency governs WAMU here in California. I also don't know any numbers/addresses for WAMU executive offices either. Any searching on my part leaves me at generic numbers or addresses. Any of you by chance have any pertinent addresses from going through this yourselves? I really appreciate the help, you have no idea. (or wait... maybe you do)

CASE LAW that may intrest you http://www.toplawfirm.com/Decision.pdf

Oh this is just getting better. In two ways.

1) I guess handing the branch manager a copy of the letter I drafted got them to actually hand me my money instead of forcing me to wait weeks for a rediculous check.

2) I JUST GOT A STATEMENT FROM BOA FOR THE JC THAT WE CLOSED TWICE ALREADY!!!!!!!!!!!!!!!!!!!! A STATEMENT SHOWING IT IS OPEN AND AT ZERO BALANCE!!!

TWICE. did I say twice? did I mention in person???? AT THE FREAKIN BRANCH??????? BOA reopened it to make us give them money on a reversed claim. We paid them stupidly, but I was in fear of my DH getting something on Chex from them if not cleared that day. Then right then and there WE.CLOSED.IT......AGAIN.

Holy smacks man... I don't even know who to call/fax/write/yell at this time. That damn account better get closed and never reopened for a single freaking thing ever again. This is beyond incompetent. I'm using the search function for Ken Lewis' address and such but cannot find it. Does anyone whose used it care to repaste it here for me? I really really appreciate it.

Here u go:

Bank of America Corporation
Attention Ken Lewis
Bank of America Corporate Center
100 North Tryon Street
Charlotte, North Carolina 28255

All the best!

Thank you! Drafting tonight and will have to wait till Mon to mail out CRRR. But I'll try to find fax numbers as well. I appreciate the help!

Kenneth D. Lewis CEO BofA
Bank of America
Bank of America Corporate Center
100 N Tryon St., 18th Floor
Charlotte, NC 28255 USA
Phone: 888-279-3457