- Report: #296854
Complaint Review: Bank Of America - Escondido California
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Bank Of America
www.bankofamerica.com Escondido, 92025 California, U.S.A.
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Bank Of America B of A unlawful practices Escondido California
My son was given a bank account by Bank of America when he was 16 years old. I was not with him at the time and have never signed anything giving my permission for him to have the account. I have been told that it is illegal to enter a binding contract with a minor so I don't understand how Bank of America continues to do business this way.
We started to receive phone calls saying that there was a debt to be collected. When I tried to contact the website on the message, I was led to a site saying that the company collecting the debt is a fraudulent one and to beware. I had no idea what debt anyone could collect from me until my son told me that he owed Bank of America $42.62 because they didn't use his overdraft protection when they were supposed to.
Another call was made from the collection agency when we were home so my son called them and told them that they were trying to collect a debt from a minor. They then told him that he needed to pass the information on to his parent so they could pay the debt.
I don't understand why I am expected to pay for a debt that my child made on an account that I didn't give him permission to have. I realise it is only $42.62 but as a single working mother with four children, that money could go a long way towards something else.
Susan
Escondido, California
U.S.A.
We started to receive phone calls saying that there was a debt to be collected. When I tried to contact the website on the message, I was led to a site saying that the company collecting the debt is a fraudulent one and to beware. I had no idea what debt anyone could collect from me until my son told me that he owed Bank of America $42.62 because they didn't use his overdraft protection when they were supposed to.
Another call was made from the collection agency when we were home so my son called them and told them that they were trying to collect a debt from a minor. They then told him that he needed to pass the information on to his parent so they could pay the debt.
I don't understand why I am expected to pay for a debt that my child made on an account that I didn't give him permission to have. I realise it is only $42.62 but as a single working mother with four children, that money could go a long way towards something else.
Susan
Escondido, California
U.S.A.
2 Updates & Rebuttals
Jim
Anaheim,California,
U.S.A.
Parent Responsible for Minor Behavior
#2Consumer Comment
Fri, January 04, 2008
It doesn't get any simpler than that. If the debt was incurred by a minor, the contract is not enforcable against the minor, but it will be on the parent of the minor. The collection company is right to pursue you now for the $42.62. Your credit can then be dinged as well as your minor child. That's a bad way to go. $42.62 is not a huge amount, though as you said, it could have been better used. This is something your child should learn first-hand; there is a lesson here to be learned by a 16-year old and the lesson is NOT - gee, I'm a minor so I can walk away from my obligations.
Nicole
Sitka,Alaska,
U.S.A.
Try This
#3Consumer Comment
Fri, January 04, 2008
Lets take the bank out of it: If you told your son that he was not allowed to go out with his friends on Friday night, but he went out anyway and ended up smashing a car window (even by accident), you would be held responsible. Not criminally, but civilly. It is the same with the bank. Under most (if not all) state laws, the parent is responsible for a minor's actions. That means that, since they cannot make HIM pay it, they will make YOU pay it. I suggest that YOU make HIM pay it. If he doesn't have a job, now is the time to get one. It is also the time to teach him that just because he disputes a charge, does NOT mean he can just walk away from it. As well as teach him a little about banking and responsibility. Yes, the bank neglected to use OD protection, but YOUR SON neglected to spend only the money he had in his account. I know its hard, but now is the time for tough love. Even though they cannot make him pay it, they CAN (and probably already have) reported it to his credit report. It would be a shame to start off with the wrong foot, don't you think. Best of luck. And no, I don't work for a bank.
