A local mold remediator did not finish the job I hired him to do. I had given him my Bank Of America VISA card for the $6900.00 payment.

I had testing done within 48 hours after the remediator said the job was complete. An inspection found visible mold, areas that had not been treated at all, and a swab test found four different kinds of active/growing mold in several places.

A month after that, no charge had been placed on my card. The remediator left me a message stating that Bank Of America needed me to call them about the card. This was an obvious lie, as they would have called me if that was the case.

But I took the liberty to call them anyway to let them know I did not approve the charge, and why. What I told them was that the mold remediator was not to be allowed to charge to that card due to his breach of our written contract, that he'd verbally refused to finish the job, and had ignored my written requests that he honor the contract.

I was advised by the approvals department that the charge would not go through.

One month later I received a statement from Bank Of America, only to find that two days after my call they had approved the charge.

I called the Bank Of America approvals department and was told something completely different. I was told that giving the mold remediator the card implied consent, and that I had no recourse to change my mind.

I was also told that the first person I'd spoken to in approvals hadn't said it wouldn't be approved, and that they couldn't do anything, which was a lie.

But she absolutely had told me the charge would be declined. (If she hadn't assured me of that, I would have closed the card right then).

I immediately opened a dispute. Throughout the process I responded by fax within 48 hours (and verbally confirmed receipt) to each letter they sent me asking for information and backup materials. Over a period of two months I sent Bank Of America over 40 pages worth of documentation to prove my side of the dispute.

The mold remediator sent only the voided contract/warranty, and insisted he'd done the job.

Meanwhile I continually called the Bank Of America disputes department to be sure things were moving along in my favor. I taped several telephone calls in which their dispute department representatives told me they had everything they needed and I didn't have to send them anything else.

I also requested (in writing) that if the status should change, they should call me immediately instead of sending letters.

After I hadn't heard anything for several weeks I called to check on the status. I was told that the dispute would be resolved within the week, and I would be notified via mail of the outcome. I again asked if they needed anything from me, and was told no.

Ten days later, on a Friday at 4:30pm, I recieved a letter (dated two days after my last call) stating that not one shred of the documentation I had previously sent Bank Of America was valid.

The letter stated I had seven days to get them a document from a second merchant that stated that the job was done incorrectly (and they already had that).

And the due date on that letter was the very same day I recieved it.

So I got right on the phone and called the Bank Of America disputes department only to be told they were closed for the weekend.

I kicked up a fuss, and demanded to speak to a manager. I spent over an hour on the phone and was told that she would do everything in her power to get me a few more days to continue the dispute. She also agreed that I should have been called rather than being sent that last letter.

I followed up Monday first thing and was told the person I'd spoken to on Friday didn't exist, and that the dispute had been closed out in favor of the mold remediator as I had not responded in time. They didn't care that I recieved the letter on its due date. It was done.

During one of my many calls that day I was also told that the reason they didn't want to give me an extension is because disputes that go to arbitration cost money, and Bank Of America didn't want to pay for it.

Since then I've complained to every department that exists at Bank Of America and been turned away.

I complained to VISA and was told that they wouldn't assist, because Bank Of America was handling it.

I've also continued to fight the mold remediator. I've complained to the Better Business Bureau, the Attorney General, and every other state/federal consumer assistance organization I could find. Each time, the mold remediator comes back with lies, says he did the job, and they tell me they can't do anything for me.

I've also hired a lawyer and gotten nowhere.

Meanwhile I have refused to pay Bank Of America, because if they had handled the dispute properly I wouldn't be in the mess I am in now, with several thousand dollars worth of damage to my basement, and nearly as much active/growing mold than I had there originally.

Bank Of America now calls every day, and sends threatening letters. I will probably have hits on my credit and end up in collections. I'm going to have to change banks so that they won't have the easy information/access to get to my accounts.

It's just ridiculous that they can get get away with having untrained CSRs dealing with $6900.00 disputes.

I have no idea where I should go now for help.

Marla Kendal

Poughkeepsie, New York

U.S.A.

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12 Updates & Rebuttals

Steinein

Poughkeepsie,
New York,
U.S.A.

Done deal....

#2Author of original report

Sun, May 31, 2009

I just wanted to note that: I went through arbitration, and a two session, five hour participatory hearing (via telephone), and kicked some a*s!!!! The arbitrator has dismissed their claim with prejudice and ordered that they clear my credit report of all negative entries. Thus I don't have to pay BofA (really Mann-Bracken, f/k/a Wolpoff & Abramson) a d**n cent of the debt I did not authorize and therefore do not, nor did I ever owe them. On the bad side, he also dismissed the counter claim (and the cross-claim I apparently filed incorrectly though I was never told that) so I don't get any money out of it either. I'm out $3k on costs, but I'm willing to live with that for not having to pay the $6900 plus fees and interest, and attorney fees and arbitration fees (considering all the requests, motions and objections I filed, that must be a heck of a bill in itself). As of this date (5/31/09) I have no idea why the arbitrator came to his conclusions because the written findings and conclusions weren't included with the order he issued. Of course I went to the NAF and demanded they send that to me and they've been playing dumb for two weeks. Eventually I will find out why, I suppose if not I will go back to the arbitrator and ask him to send it to me. * Can they appeal? Can this go bad? I still worry about that. There's nothing in the NAF's code about it. I just have to wait. I started a blog about my experience: http://gopha.net/bankofsuck/ (Bank of America Hates Its Customers)

Steinein

Poughkeepsie,
New York,
U.S.A.

Responses to rebuttals

#3Author of original report

Fri, August 31, 2007

For Steve: I am both (have you ever heard of user names?). Yes, I did just what you said with Wolpoff and they ignored me. I used to be a collector, so I am very aware of the FDCPA. Note that the cease and desist went to BofA as they are NOT answerable to the rules of the FDCPA. I have a lawyer. We are considering suing the merchant, but it will more than likely make me bankrupt in the process so I am trying other avenues first. BofA made mistakes during the dispute and the OCC is now investigating. For Heather: Yes. I know all that now, but I was *not* informed of that then. They didn't tell me that I needed to say exactly those words in exactly that form till the dispute had already been closed. That certainly was not my fault. As far as arbitration goes, a BofA employee told me straight out they didn't want to pay for it. So you're wrong there. Thank you both for your input.

Heather

Tempe,
Arizona,
U.S.A.

Credit Card Dispute Handling Guidelines

#4Consumer Comment

Fri, August 31, 2007

I am sorry to hear about your situation. Having dealt with chargebacks, I now know that the guidelines and requirements to handle disputes for both credit cards and debit cards are established by the credit card (i.e. Visa, Mastercard, AMEX, Discover) and not the bank. Also, the type of dispute you have is what is termed typically as a defective/wrong service dispute, which are VERY hard to win. Typically you are required to have proof of the services rendered, both as they should have been, and as they were. You also are required to provide a second opinion on business letterhead from a qualified third party stating the merchant made errors and/or provide a service other than paid for. This often proves to be the hardest piece to obtain, for two reasons: first, many merchants do not want to "talk trash" about another merchant, and second, the merchants providing the second opinion will require payment in advance to diagnose or correct the problem (they will tell you they can't support something incorrect happened without going through extensive work). If you already paid one merchant, most likely you don't have money to pay for it a second time. It sounds like you may have had some of this, maybe not all. It's a tough situation for anyone to be in. I will say, though, a bank will not deny a claim because they don't want to "pay" for aribitration (it's not that expensive, averages about $200). If the timelines established by the credit card are not met, the bank has no way around that. I would not recommend defaulting on the credit card because that will just cause you more heartache, ruining your credit. Make your lawyer work for his money! I wish you luck in your recovery of funds.

Steve

Bradenton,
Florida,
U.S.A.

Please clarify, are you Marla, or Steinein?

#5Consumer Suggestion

Mon, August 27, 2007

Keep in mind that the bank is out nothing on this dispute. They have no vested interest no matter which way it goes. Your dispute is with the merchant, NOT BofA. As far as dealing with Wolpoff and Abramson, the letter as per the exact verbage of the FDCPA is a CEASE COMMUNICATIONS request. There is no such thing under the law in collections as a cease and desist, no matter how you spell it. This letter needs to be sent by verifiable means such as certified mail/rrr and put the certified# on the letter itself to prove exactly what you sent. Keep in mind, doing this will not stop them from suing you. You WILL be in court very soon. Get a lawyer now.

Steve

Bradenton,
Florida,
U.S.A.

Please clarify, are you Marla, or Steinein?

#6Consumer Suggestion

Mon, August 27, 2007

Steve

Bradenton,
Florida,
U.S.A.

Please clarify, are you Marla, or Steinein?

#7Consumer Suggestion

Mon, August 27, 2007

Steve

Bradenton,
Florida,
U.S.A.

Please clarify, are you Marla, or Steinein?

#8Consumer Suggestion

Mon, August 27, 2007

Steinein

Poughkeepsie,
New York,
U.S.A.

UPDATE

#9Author of original report

Sun, August 26, 2007

Now I'm in collections with Wolpoff & Abramson. I served them with a cease and decist, and they're still calling. I complained about BoA to the Comptroller of the Currency, and Boa responded back with their usual corporate rhetoric. One thing was said I thought was interesting. Basically they claim they followed procedures and made no errors due to that. Which means that if they followed procedure, their procedure at its core has an anti-consumer bias. They have created a procedure that puts the consumer in a no-win situation, and virtually assures that the bank will get its money. That's got to be illegal in some way, doesn't it? It is certainly amoral. I am trying to find other people who've had the same situation happen. I have found one with the exact same scenario. Same exact. I am hoping that enough people will come forward for a class-action lawsuit. Thanks to everyone who replied with their suggestions.

Robert

Wallingford,
Connecticut,
U.S.A.

Request copies of the documents...

#10Consumer Suggestion

Mon, July 23, 2007

that BofA used in their investigation. You are entitled to them if your claim is denied. Gather all your paperwork and the copies you receive from BofA. Submit a complaint to The Office of the Comptroller of the Currency (OCC). They will investigate whether BofA followed proper procedures in investigating your claim. Good luck.

Springfield,
Virginia,
U.S.A.

If you haven't already

#11Consumer Suggestion

Sun, July 22, 2007

Try contacting the following government agency: Board of Governors of the Federal Reserve System Division of Consumer and Community Affairs 20th and C Streets, NW, Stop 801 Washington, DC 20551 For more information, please call (202) 452-3693 They handle all national banks and enforcement against banks of federal regulation violations (supposedly). Google them and check out their website, they have an online form. They also can provide info as to how to proceed. Hope info helps. D

Thomas

Anderson,
South Carolina,
U.S.A.

You have two problems, maybe I can help with one....

#12Consumer Suggestion

Sun, July 22, 2007

I have had two successful chargeback requests with BoA but I believe mine were very one-sided in my favor. So, good luck on your situation. Perhaps you can find a *real* chemical supply house [reasonably] near you. I had to neutralize a badly dog-fouled repo house c1977. I went to my friendly local chemical supply house and they had 3 levels of treatment chemicals: Level 1 for organic contaminants (urine, mold, feces, etc.). This chemical was easy and safe to use by following the directions. Spray it on full strength, and when the 'smell of flowers' was gone the mold, urine, etc. were kaput. You could add a few ounces to a gallon of wash water for better cleanups. It was even safe to spray on moldy leather! Level 2 for removal of smoke odors resulting from fires, plus everything that Level 1 would fix. This agent required a bit more care in use than Level 1. Level 3: The nuclear bomb of decontaminants. This agent was used to remove the odor of dead people who had died some time before they were found. Used by funeral homes, etc. Best used by skilled pros. Because it will eliminate everything organic. Even you if you are careless. Level 1 should be all you need to solve your mold problem.

Kimberly

Modesto,
California,
U.S.A.

You should close all your bank of america bank accounts because.....

#13Consumer Comment

Sun, July 22, 2007

if i were you, i would go in and immediately close any and all bank of america accounts you have with them. Do it quickly, because one day your gonna wake up only to find they will have completly emptied out up to the tune of the 6900.00 any and all of your accounts to recover your funds. AND THEN THEY WILL CHARGE YOU FOR EACH ITEM PRESENTED TO THAT ACCOUNT OVERDRAFT FEES. trust me when i say they will do this. They have done it to me. TAKE YOUR MONEY BEFORE THEY DO.

Reports & Rebuttal