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Bank of America Gets Tough on Credit Card Payments
People who bank at Bank of America and who have credit cards through the same bank are having problems when they don’t pay credit card payments. Bank of America, more than most banks, is enforcing a provision in their credit card agreements which allows them to take money out of customers’ bank accounts to pay the credit card. They are taking money without any advance notice. No client has asked me to review their Bank of American credit card documents, so I am assuming the bank has a legal contractual basis for their practice.
If you bank at Bank of American and have their Visa or Mastercard cards, and if think you may fall behind on credit card payments, you should consider moving your checking account to another bank. Even if you leave open the BOA checking account, open an account somewhere else and move most of your money. I don’t know if other banks have the same rights in their customer agreements. If you bank somewhere else you should find out whether your bank can automatically deduct credit card payments from your accounts at the same bank.
posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Florida
April 30, 2008 in Planning Tips | Permalink
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Comments
Just dont Bank at Bank of America,,There are plenty of banks out there. I had a account with them a long time ago.And let me say Horrible Customer Service.. The bigger the bank the worst it gets..
Posted by: Willy | May 13, 2008 10:16:34 PM
I would go one step further and urge an abundance of caution because there are banks that have perfected security interests in the cardholders financial accounts at other financial institutions, including banks and brokerage firms. Therefore, if you bank at an instutition such as Bank of American and have their Visa or Mastercard cards, and if think you may fall behind on credit card payments, you should consider consulting a competent asset protection attorney such as Jonathan Alper to discuss your available legal options.
Posted by: Jesse | May 5, 2008 5:24:33 PM
NES AGAIN!!
I live in Texas and received a phone call from NES this morning about about a $3233 debt from a credit card company (Sears). I do owe the debt b/c I forgot about it (I have clinical depression and forget to pay bills sometimes...(an excuse, I know, but it's true.) I have not received any notification about this collection agency, but the person I talked to said they've been sending me stuff in the mail. They also called a work phone # that I haven't had in 3 years. Anyway, the person I talked to threatened me with a lawsuit, asked if I had legal representation, and threatened wage garnishment, etc. I asked them many times to set up a payment plan, but they said that wasn't possible. The whole amount had to be paid now, or I would be sued. I panicked, and after the "supervisor" demanded a lump sum be paid today, I stupidly gave him my bank account info. and told him I could pay $200 today. I should know better, but was caught up in the emotion of the situation. I did call my bank today and put a stop payment on the $200 draft. On Tuesday, I plan to close that checking account & set up a new one b/c I've read that NES tends to take out more $ than was agreed upon...well, I'll close the account once some other items have cleared. He badgered me into getting a loan, asking relatives (which is NOT possible) for the money. When I started crying, he asked me in a very rude way, "Why are you crying?" I told him this was very upsetting to me. He had no sympathy. NES called several hours later with a "deal" that the credit card company would let me settle for something like $2500. I told her I couldn't pay that. They expect me to call them on Tuesday with a solution. Can anyone help? Can a collection agency take a person to court? I'm on meds now & am trying to get my finances in order, by the way. But, this NES business is really stressing me out. What should I do??
Posted by: Denise | Apr 30, 2008 6:37:30 PM





