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Old 03-14-2011, 08:10 PM
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Default Should I get a lawyer?? BofA problem

Several months ago I got a call from Bank of America bc our account was LATE!! I was so upset, it was a small balance card, and I had opted for electronic statements and we stopped using that email address. As soon as I got the call, I set up payments for 6 months and was told by the rep. that with these payments we would stop being reported as late. Fast forward 5 months... Got a letter to set up more payments. Called BofA to set them up again. A little while later we got a letter saying our card was charged off!! WHAT?! Turns out that rep. but the payment date in computer wrong. We had been making payments and signed up for more and according the guy, we were all caught up and not reporting late. All lies! And we still continue the $75/month payments... Now we really want to take out a mortgage but we are screwed! I've filed two BBB claims, NOTHING... I've asked for a settlement, heard nothing. This is such a small balance card, too, like $500 now.

Would a lawyer be of any help?? The mortgage guy said to threaten them, but they are so rude I don't want to call again and get told there is nothing they can do!

I will gladly pay the balance, but we NEED the charge off gone.

Is there any hope??

Thanks!
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Old 03-14-2011, 10:34 PM
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Legally, as long as the account is not brought back into paid, good-standing, the later payments would still be late under the terms of your account agreement, notwithstanding any terms to bring it back into good standing.

If you have an agreement with the OC to modify their credit reporting, it should preferably have been in writing. Being only an oral agreement, it is much harder to enforce. Yes, I suggest you hire an attorney, as this will probably degenerate into a matter of oral contract law.
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