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FDCPA 808-1 Unfair practices?

Date: Mon, 04/13/2009 - 08:31

Submitted by IPoured
on Mon, 04/13/2009 - 08:31

Posts: 223 Credits: [Donate]

Total Replies: 2


For a BOA credit card account, my credit report shows a charge off date of October 2004 in the amount of $1100. It also shows interest added every month there after with a new monthly balance until April 2007. The report says charge off as of 4/07, 3/07, 2/07....The 4/07 charge off date says $1800.

I am confused because I am being sued by a CA that says that the principle amount owed October 2004 was $1800 and interest commenced when they purchased the account 4/07. Interest NEVER stopped. Only the fees and charges stopped at charge off date of October 04.

I am looking at the cardholder agreement they the CA sent me and it doesn't even say I am responsible for interest on a defaulted account. The agreement says that if an individual is in default "you (the cardholder) will pay our (BOA) collection costs, attorney fees including allocated costs for attorneys who are employed by us (BOA), court costs and all other expenses of enforcing our (BOA) rights under this agreement (the BOA cardholder agreement)"

Does FDCPA 808-1 apply here?


Can I ask who the CA is? You are only allowed to be charged interest by BoA up until the time they charged off the account (aka sold it off). You could have a counter-suit since the CA is attempting fraud by inflating the principle. I have the C levels direct numbers for BoA if required.


lrhall41

Submitted by on Mon, 04/13/2009 - 16:11

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