BofA says I'm dead

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BofA says I'm dead

Postby Junior » Fri Sep 09, 2011 6:12 am

I just received a letter from BofA addressed to my estate. After offering condolences for my demise it stated that the account had been closed and demanded immediate payment of the $8K balance. I called the number on the letter to inform them that I was still kicking and found that the SS# on the account was my father's. My father dies 10 years ago and what little estate he had has long been settled.

I am a junior and use my middle name. My father used his first name. It appears that in 1994 I received a pre-approved card application from MBNA addressed to my middle name and I sent it in. There was no indication of a SS# on it. For the past 17 years I have use the card occasionally for larger items that I pay off over less than a year because it is cheaper than a short term bank loan.

I told the gentleman that I was perfectly willing to pay off the balance over the next 10 months but there was no way I could pay the entire balance immediately. He stated that it was my father's debt and that I was not responsible. I protested that it was my debt but he just repeated that I was not responsible for it and could not agree to a scheduled payment from me.

There are no assets in my father's estate and as the debt was incurred 10 years after his death I doubt it is responsible either. I feel morally responsible for the debt but there is no way I can pay it off immediately. OTOH, I could look at it as an $8K gift from BofA. What do I do?


DavidNY
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Postby DavidNY » Fri Sep 09, 2011 8:43 am

I suspect you'd be responsible for repayment since it was you that made the charges with the intention of paying the debt, but if you feel BofA is not entitled to be repaid, or is making unreasonable demands for the terms of repayment, you could consult a lawyer.

ooxs
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Postby ooxs » Sat Sep 10, 2011 9:58 am

You need a lawyer my friend. The only gift you will get from B&A is a cheap Table clock.

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Postby Money card » Sat Sep 10, 2011 10:28 pm

if you used the card in the past 17 years even occasionally why not just show them your checks that were cashed? which come back to your monthly statement.

DoingHomework
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Postby DoingHomework » Wed Sep 14, 2011 10:39 am

This sounds to me like a mistake on your part and theirs. If you have been the effective account holder the entire time then you are responsible for the debt.

The guy who called you is some lacky who does not know the law. Ignore everything he says.

Initiate a separate action yourself to repay the money and close the account. You might need a lawyer as someone mentioned depending on how well you understand the law. The problem is that, while this sounds like an innocent mistake, it could also be fraud and identity theft depending on what you knew and when. What you should have known also matters. If the bank takes an aggressive stance and reports you for a crime you could face serious jail time.

You definitely need to get on top of this immediately. Personally I woudl contact a lawyer even though that could cost you much more than the debt.

DavidNY
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Postby DavidNY » Wed Sep 14, 2011 11:52 am

Rather than paying a lawyer then paying the bank, I would say just pay the bank and save on the lawyer.

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jumbo
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Postby jumbo » Wed Sep 14, 2011 2:39 pm

DavidNY wrote:Rather than paying a lawyer then paying the bank, I would say just pay the bank and save on the lawyer.

good advice, that's the same I'd say.
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JNK
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Postby JNK » Thu Sep 15, 2011 4:42 am

Pay the bank and insist on paying the bank by keeping and offering copies of all the statements and payments made and if they keep insisting on what they're insisting, get it in legal/authorized writing and keep on paying anyways.

Go to a branch BofA and bring the letter, bring the card (it is a card, right?) or proof of the credit line in question (bring a statement), bring your checkbook or debit card used to make your payments, and bring copies of your payments and statements and see what an official BofA rep has to say.

More than likely, they will call the appropriate BofA-internal people on your behalf and help you get this fixed.
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DoingHomework
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Postby DoingHomework » Fri Sep 16, 2011 6:43 pm

jumbo wrote:good advice, that's the same I'd say.


Even though I suggested he contact a lawyer, I probably would do as you say. I would just pay off the debt, close the account, and forget about it. But I understand the law a little better than most people. (I'm not a lawyer though)

Definitely don't use the card again.

The trouble is, there is potentially a crime here. Doing or saying the wrong thing could have serious consequences. If you don't understand how to do this right then you should contact someone who can keep you out of trouble.

If the card belongs to the dead father and the son has used it for 10 years the bank could consider those charges fraudulent and due immediately. Since you've already told them the situation you may not have the option of paying over 8 months. You might have to pay tomorrow somehow.



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