BOA sucks!!

[Kkole425]

BOA took $1560 out of my checking account on 12/3. We had called them in early Nov. and told them no more payments would be made. Told them we were filing BK gave them all the attorney info and they told us there were no more automatic payments set up. We got their name and info and also asked them to record our call from the start. Well them rats took out the moeny anyway. Called them right away and gave them all the info and told them the names and dates and that BOA said they would not take anymore payments. They told us they would refund the money in 3 to 5 business days. They were sorry and it was a error on their part. My attorney said they are blowing smoke up our butts and they will not give the moeny back. Any thoughts?? Thanks

[StartingOver08]

Did you file BK already?

BOA is known to do exactly what happened to you. If you read this forum or even ripoffreport.com you will see BOA all over the place...not stopping automated payments is just one of their tricks. I think your attorney is right.

[fireworks]

BofA took money out of my account twice after being told to stop the automatic payments. The first time I went to the bank and told them it was unauthorized, I filled out a form and several days later my bank put the money back in my account. I assume that they took the money back from BofA because I got a very unhappy call from BofA not long after. The next month they did the same thing, taking 2 months worth of payments. This time I didn't even have to fill out the paperwork, I went to the bank and told them what was going on, since I had told them before that BofA was no longer authorized to take money from my account they refunded it very quickly. I got another call from the same guy at BofA, we had the same conversation. After that I closed that bank account and opened a new one with a different number. I don't know if BofA kept trying or not.

All of that to say, if BofA does not refund your money quickly, dispute it with your bank. They'll most likely side with you. If you've already filed for bankruptcy then talk to your lawyer as BofA is violating all kinds of laws. One threatening letter from your lawyer will likely make them shape up - and if not you can sue them.

[MSbklawyer]

Anytime a client has automatic drafts set up on their accounts in favor of a creditor, I advise them to switch to an entirely new bank for these very reasons.

[debtprison]

Anytime a client has automatic drafts set up on their accounts in favor of a creditor, I advise them to switch to an entirely new bank for these very reasons.

You're definitely a good attorney... I wish I lived in MS.

I'm sorry to say it but people should know better. You can't trust them.

[justbroke]

Everyone needs to remember this. It's called the right of setoff. If you have credit accounts with a banking institution and you are late on payments or otherwise default on your credit account, the bank has a right to take the payment from any of your demand or timed deposit accounts, or to accelerate the credit account and offset the entire balance due against your deposit accounts.

This is regardless of whether you stopped any "automatic" payments or not. Having deposit accounts where you have credit accounts can be problematic in this regard!

(Note: my post goes to having deposit accounts at a bank like Bank of America, and also having credit accounts there as well. I had two banks use this offset to "make payments" or to payoff a line of credit, without my "permission".)