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BOFA has sent a trusty debt collection agency to me... I'm a minor! :/

Date: Fri, 08/07/2009 - 19:18

Submitted by xaznkraziedudex
on Fri, 08/07/2009 - 19:18

Posts: 10 Credits: [Donate]

Total Replies: 21


Hi there, I was asleep this morning, but my mom received a call from LTD Financial Services. My mom wrote down their "866-310-9843" which is LTD Financial Services. I have incurred about $150 of debt from overdraft fees from Bank of America, but I am unable to make the payment. I am a minor and I have learned my lesson from overdrafts, but BOFA has already sent this debt to LTD Financial Services (my inference). This was their first call today, and I know I will hear from them again, but I do not know what I should do or say to them. I recently enrolled into college and I do not have a job... I'm not in the situation where I can simply pull out my checkbook and pay my $150 of debt... I am going to be too busy with college and working with my portfolio for my major... I really don't know what to do, my parents are out of their jobs too. I'm turning 18 in a month and a half and if anything can be done against Bank of America, I wouldn't like this situation to go beyond the statue of limitations. I'm moderate in the contractual law as I read a lot on legal cases and I've taken a business law class in high school. So please all the people here at Debt Consolidation Care, please advise in my situation. Thanks to everyone in advance. I truly appreciate any comments/suggestions.

Oh, if it matters, I'm in the state of California. To be more precise, I'm in Los Angeles.


first things first--this is not a credit transaction. A credit transaction is when you apply for a line of credit, which is not the case when you are billed for fees like this. This is important because LTD has no legal right to pull your credit report, nor do they have the legal right to report this debt on it. As I know LTD, they will probably try to do just that.

Being a minor doesnt automatically remove responsibility from you, because this is not a credit transaction. If it were, then they would basically be up a creek because a minor cannot legally enter into a contract.


lrhall41

Submitted by on Sat, 08/08/2009 - 05:29

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i would try to make arrangements.. i do not think your age has anything to do with this since it is a bank and you did incur the fees. i am not trying to sound harsh but i have been working since i was 15 years old, getting $150 together is really not impossible, i would try to make arrangements to pay it off.
i do not mean to sound out of line, and someone please correct me if i am wrong but i know that a lot, a lot of people do get into debt around college age and i guess i am trying to prevent others from doing that :)


lrhall41

Submitted by bea2ls on Sat, 08/08/2009 - 06:22

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Hi guest, thanks for your reply. Yes I am aware this is not a credit transaction. Minors are not allowed to apply for a line of credit, unless they have a co-signer I believe... But I doubt banks would even give a minor a credit card because their lack of credit history... I don't know... But aside from that, why wouldn't LTD have the legal right to do so? Please elaborate on what you said.

I also understand minors cannot legally enter into a contract, but they can rescind from one when in a contract... Hm.


lrhall41

Submitted by xaznkraziedudex on Sat, 08/08/2009 - 12:57

( Posts: 10 | Credits: )


Soaplady, I do not think the two are the same at all. I mean, a NSF comes from the legal agreement/contract with a bank and a traffic ticket fine is not a contract... Well I'm not sure how to describe that but I don't think there's a "contract" in a traffic ticket although you do have a legal obligation to do so when there is a traffic ticket in your hand. You can't blend contractual law with traffic law... Hm. I really don't know...


lrhall41

Submitted by xaznkraziedudex on Sat, 08/08/2009 - 13:00

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It is pretty obvious that minors are obligated to pay when they get a traffic ticket (e.g. seat belt, jaywalking). This is usually the parent/guardian's responsibility for the minor's act... But in this case, I'm a minor signing on my own behalf for this checking account... It's completely different. Liability is not on my parent's hand, but rather, it is in mine. I hope you understand what I am sayng here...


lrhall41

Submitted by xaznkraziedudex on Sat, 08/08/2009 - 13:09

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First of all, a bank is not going to do very much about $150 other than send you a few letters and maybe call a few times. Pretty soon they'll give up and report is to telecheck.

I have to make a few corrections:
Quote:

first things first--this is not a credit transaction. A credit transaction is when you apply for a line of credit, which is not the case when you are billed for fees like this. This is important because LTD has no legal right to pull your credit report, nor do they have the legal right to report this debt on it. As I know LTD, they will probably try to do just that.

The OP said these were for overdrafts. To the extent that the bank released funds on behalf of the account holder when funds were not available, it is a credit transaction. Notwithstanding, before you open an account, they make you sign an application and they do underwrite to determine if they will grant an account. That application constitutes your written authorization for them to pull your credit and report to the bureaus.

Now lets get into some contract law here. There are several threads on these boards regarding minors entering into a contract, so I won't go into as much detail here as I have before....

The NSF/Overdraft fees charged by the bank are pursuant to a contract which was signed at account opening. Non-payment of those fees is a breech of contract on the minor's part.

It is not illegal for a minor to enter into a contract. But minors do have certain protections, in that the contract is considred "avoidable" by the minor prior to reaching the age of majority.

A minor who avoids a contract is obligated to return any goods obtained under such contract. In this case, that would be any funds paid out on behalf of the minor. But I would argue the OD fees themselves could be avoided because they are "fees" and not advance proceeds. So for example, if the $150 the bank claims owed is made up of $100 in charges they paid out (checks, charges, etc) and $50 worth of OD fees, I would say the $50 could be avoided but the other $100 has to be paid back.

I've never tried to avoid a contract that I entered into while I was minor. If you wanted to try it, just write the bank a letter and say something like: "At the time the contract was executed I was a minor, and I still am a minor. Under common law, as outlined in the Restatement of the Law Second, Contracts, a minor may disaffirm and avoid a contract prior to reaching the age of majority. Notice is hereby given that I disaffirm and intend to avoid any contract executed by and between myself and (Name of Bank), or any of its successors or assigns."

I'm not sure that will stop the collection calls or letters. But that would most likely keep them from ever suing you (which I doubt they'd do over $150 anyway). Doing that, you may have leverage in preventing them from reporting it to telecheck or the bureaus.


lrhall41

Submitted by DebtCruncher on Sat, 08/08/2009 - 15:20

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i just like to add that if you do get reported to telecheck, you will have a harder time opening a new bank account elsewhere, and this will stay on this report for many years. I have no idea about the minor situation, but if you are able to pay it or work out arrangements, perhaps you should to avoid being reported.


lrhall41

Submitted by bea2ls on Mon, 08/10/2009 - 11:41

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Hi guys, here's an update. Got a letter in the mail from LTD, and a call to my house.

I forgot to mention that the purchases made were already refunded to that account. What I mean is that the causes of the overdrafts were because of the charges, but the amount charged before the overdraft was already refunded but BofA left the overdraft fee there. I had it remove once before but I completely forgot about the overdraft, and by the time I did remember, it had already passed the period where BofA sent the debt to LTD.

So when they called, I opted to dispute the debt with them... So I really don't know what to write or do.

I dont know whether I should mention minority in age or something. Help would be great. Thanks!

As written in the letter, I have 30 days from today, August 12) to dispute the validity of the debt. And if anything, I still wont be 18 by then.


lrhall41

Submitted by xaznkraziedudex on Wed, 08/12/2009 - 22:18

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I still don't think that going to the bank in person would help. What I want to take as my first attempt in the dispute is writing to LTD. Please let me know if I should or shouldn't do so. It would not be a letter of cease and desist, rather, it would be to explain the situation to LTD and perhaps they would be able to converse on it with BofA. Hmm.


lrhall41

Submitted by xaznkraziedudex on Thu, 08/13/2009 - 00:14

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