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Help With Bank of America Chex Removal


franknitty69
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The last post in this topic was posted 3843 days ago. 

 

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so here's the skinny. A long time ago in a galaxy far far away BofA closed 3 accounts with money in them due to suspected fraud. They reported the accounts to Chex and never sent me a check for the balances (well over 3k).

 

So i sued BofA and won because not only were my accounts closed in error, but they never gave me the money in the accounts when they did close them. So i write a letter to chex telling them that the report of fraud was null and void due to the results of the court case. I sent them them a copy of the court verdict along with the letter. So they come back and tell me that the info from BofA was verified and refused to remove.

 

So my question to you guys is there anything i can do to get them removed? The accounts were closed in 9/2009.

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I wonder if this situation is subject to some form of the Fair Credit Report Act. You can try looking in to that. In the meantime, you should send a dispute letter to BOA for verifying an alleged fraudulent activity account. Include the copy of the verdict and demand they remove the accounts. If they don't, you can follow up with an ITS letter, but only if you actually intend to sue if they refuse to delete the accounts.

 

I haven't encountered anything like this so my advice is solely based on what I would do in this particular scenario.

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Since it appears this is a cut and dried situation, the Office of the Comptroller may be able to help. The problem lies with Bank of America, as they are violating federal law (Fair Credit Reporting Act) by verifying and continuing to report information that is inaccurate.

 

1. Send a letter to the branch manager at Bank of America where you opened the account. (send certified return receipt)

 

State in the letter they continue to report false information which violates the FCRA, and demand immediate removal.

(This is called a 623 letter- as it applies to that updated section of the law that allows you to dispute directly with the reporting company, if they have previously verified disputed information). Include supporting documents.

 

2. File a complaint with the US Office of the Comptroller. Since BOA is a national bank, they have to repond to the federal regulator within 30 days.

http://www.helpwithmybank.gov/

Edited by tmcgill
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  • 4 weeks later...

You could try emailing Brittney Martinez, the senior fraud team manager at Bank of America (at least, she was, as of 14 months ago). She got Chex cleared up for me, and took care of a matter for a friend also. brittney dot martinez at bankofamerica dot com.

Edited by MarvBear
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Good suggestion . . .add gogreen's suggestion to the list.

 

Note: If you decide to file with the US Office of the Comptroller, BOA must respond to the agency in 30 days.

The agency will send you their decision and course of action in a letter.

Edited by tmcgill
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