Bank of America

I have both business and consumer credit cards with Bank of America, and they definitely are not as friendly regarding negotiations with business customers I have experienced.

With my consumer card, that was just a few days past due, I already got a letter asking if I am having trouble paying my bills to and to please call them to arrange a settlement.

With the business cards, you just get jerked around, the reps are rude, they do not give you their last names, they lie, etc.

I understand that the business credit is not protected under FCRA.

But since no one follows the rules, that will not stop me from using those defenses to get the creditors to stop.

If I can prove that the business card was actually used for house hold expenses, I guess that is a good defense, right?

Is it true that banks stratisfy their customers? Like the business customers go to one collection agency, (probably ones that sue) and the consumer agencies another?

When collecting agencies sue, due they typically drop the case when they realize the person is going to fight them? I know that my ex husband dragged out a court case over something as simple as did he pay child support,(he said he did) and if he did, where are the records.. over two years, we spent money on continuances, etc.. (he kept filing the continuance) and eventually he could not come up with the records, but that little defense took two years!!

Do collection agencies go through all that? It would seem like a losing battle to me, especialy if the person does not have assets.

The nature of the contract was a business arrangement. I am assuming the card is in the business' name. If you mis-used the card for personal use, that is between "you" and your "business" (technically you should reimburse your company for those charges), but nonetheless it is still the business' debt. If you tried to use that defense, I think the creditor could object on the grounds that 1) the credit card was never intended to be used for personal/household expenses; and 2) you acted in bad faith by using the card for purchases which you knew were not business-related.

That is probably true. Even within their own organization, it is probably separated -- consumer credit is handled in one office, while business credit has completely different bank management.

I've never worked for a collection agency, so I don't really know. I would say it depends on how much documentation and evidence they have to support their claim. If the debt is well-documented and can be proven, why should they drop it just because someone puts up a fight?

As a creditor (not a CA), I go through that all the time. At least once every couple months my attorney calls me in on a case where the defendant claims they did not incur a debt with my company. When that happens, I have to go downtown to the courthouse and give personal testimony about the facts of the case. To date, I 've never dropped a case just because one became difficult, nor have I ever lost a case.

But as a creditor, I have the advantage of: A) personal knowledge of the debt -- defendant physically came into my office and signed loan docs, either in mine or my staff's presence; B) the debt is well documented -- We have a signed credit app, signed contract, signed privacy notice, copies of paystubs/proof of residence/bank statements/photo ID. I also keep copies of every check/MO they've tendered for payment, and sometimes I even keep the envelope they mailed a payment in as proof of the post-mark. And so with all the documentation I keep, there is no question of the facts when the matter comes up in court.

As for a CA that is suing, they lack personal knowledge, and they usually don't have very good documentation. Also they probably don't very often send in their corporate officers to give personal testimony. So with a CA, I'm sure it is a lot easier to get a case dropped for lack of evidence.

Here is my experience: I had 3 BofA consumer accounts with balances of about $5K or more. After they charged off they were all sold to JDBs. I have a BofA business card that went to a CA after charge off. And that balance is under $2K.

thank you both for your responses.. both very helpful. My question regarding why a collection agency would pursue a lawsuit, has to deal with cost. When the burden of proof is on the plaintiff, and you can waste a lot of time (and money) on technicalities, how in the world does a collection make money especially if the person does not have any assets.

Sounds like a losing proposition to me.. So I guess I am just wondering, what is the motive of suing? Do they not really care about getting their money? Why spend money squeezing blood out of a rock? Are they not for profits that get subsized somewhere else so they can waste time and expense?

Seriously,

You have to validate the debt.

You have to come up with the contract that I signed.. I asked Bank of America to supply this, and they could not.

There are over 40 defenses.. that can get dismissed over a technicality.. That a typical collection agency can not verify proof of. I guess that is why they are so unprofessional and resort to bullying. I read somewhere that someone said that if every one knew their rights, the collection agencies would be out of business.

Thanks again debt cruncher.. I agree.. as a creditor, they probably have a case, but a CA I doubt it.

If the CA are not able to do business due to unprofessional behavior with the client then surely it is bad practise on their account.But even if they follow all of the norms provided by governing authorities and still person is not paying then they are left with few choices either to bullying or just to scream at the client and constantly harass him.

Untrue, screaming and bullying are against the law and the FDCPA, there are other avenues that can be taken by CA's without breaking the law.

Yeah, there are other avenues, but that involves, intelligence and money, and fortunately for those who are informed, CAs have neither. Their bullying tactics just tip off people that are educated that they have something to hide and are in capabable of pulling off any type of lawsuit to the end..

It amazes me when people act in an unprofessional manner... That rarely works, at least with me.. But they must make money bullying people. Some one, some where, somehow, actually gives these people money based on their illegal tactics.. Stupid stupid stupid.