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BoA collections

Date: Wed, 03/30/2011 - 06:43

Submitted by anonymous
on Wed, 03/30/2011 - 06:43

Posts: 202330 Credits: [Donate]

Total Replies: 5


Can the Bank of America refuse my partial CC monthly payment and then send me to collections or to an attorney?


Yes they can. How much do you owe? How late are you?

You might want to talk to them about a repayment plan where you could bring your account up to date and lower the interest rate. Or try to negotiate a settlement with them. It will be more difficult to do this once it goes to an attorney.


lrhall41

Submitted by aubrey on Wed, 03/30/2011 - 06:49

( Posts: 1203 | Credits: )


It seems you have 2 choices. Ask them if you can do a settlement or wait until it goes to collection and settle with the collection agency.

Can you afford to give them anything? Maybe you can negotiate 3 payments to bring the account up to date. If not, I would impress on them that you wish to settle and ask that they work with you.

Depending on the amount owed, they may send it to collections first.


lrhall41

Submitted by aubrey on Wed, 03/30/2011 - 07:23

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This happened to me also with BoA. Because it's at the 180 day mark, they are basically required to charge the account off. Have you asked to make a payment to bring it under the 6 month mark?

BoA did have a hardship program where they lowered the interest and the payments were lowered (of course, you're account also is closed to future charges at that point).

Unfortunately, I was at a point where I couldn't do anything with them. They were pleasant enough, but by law at 180 days they have to charge it off.

My experience with BoA was -- they didn't sell the account immediately. They first assigned it to a CA who is notorious for illegal collection tactics and bullying. This CA did offer a settlement amt (approximately 60% of balance). I couldn't do it. About two months later it was passed to another CA. A few dunning letters, nothing major. There was one other CA after that (as assigned, BoA still owned the acct) before they actually sold it to a junk debt buyer (also notorious). This all took approximately 3 years. While BoA will most likely not actually sue, the CA eventually may (usually before it's getting ready to hit SOL) and that's where mine is at right now. They just filed suit (3-1/2 years after I defaulted- SOL is 4 years in my state, so they're trying to get in under that obviously).

If you're just in the beginning phases of charge off, you may be able to strike a decent deal with whatever CA they assign it to. Just make sure any agreement includes the account is considered paid in full and the balance will not be sold off to another CA or debt buyer.


lrhall41

Submitted by New2011 on Wed, 03/30/2011 - 09:20

( Posts: 14 | Credits: )