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Does this EWS error = Deletion?


mi233623
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Hello friends.

 

My question involves a checking account closed in 2010 that is being reported by Early Warning. The bank, BOA, is reporting a negative balance of about $150 and they're also reporting an address that I've never lived at. I was never notified of my accounts poor standing, likely due to the incorrect address they have on file. Is this good ground for deletion and, if so, what law supports this?

Edited by mi233623
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**UPDATE** I did some research and came across the FCBA (Fair Credit Billing Act). Can I use this in my dispute with the bank since they mailed to the wrong address or am I SOL since its been MUCH longer than 60 days since the account was even active? If so, it is soo unfair because I never even knew that the account was bad due to the mailing error. SOMEBODY HEEEELP!

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Good luck and keep us posted.

 

The OCC requires a response from the bank within a certain timeframe (generally 30 days).

They will send you their decision once they've reviewed what the bank has sent in their response.

 

They lean pro-bank, that is why it is important to pinpoint the exact error or violation the bank made.
(Or, how the bank violated the account agreement or an applicable regulation)

 

Years ago, I filed on different occasions, getting two items removed from Chexsystems, but one remained. On the one that remained, they pointed me to the section of the account agreement that applied to my situation.

Edited by tmcgill
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Well I have another update. Apparently, the OCC thought I was disputing EWS and forwarded my complaint to the CFPB. I called the CFPB and cleared up the confusion and now the complaint has been sent to BOA via CFPB. They informed me that I should have a response within 15 days.

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  • 2 weeks later...

There is a high volume of complaints, and I think they have begun forwarding to the CFPB. Keep us posted on updates.

Well I just got a response in today saying that they require more time and will respond ASAP, but they now have up to 60 days to respond. Sigh...

Edited by mi233623
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Good news, indeed! :clapping:

 

Interesting, there are many instances recently where the OCC is forwarding bank account complaints to the CFPB.

I don't know if it is a go od idea to file with CFPB directly for banking issues. Maybe the OCC wants the discretion to forward complaints themselves??

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