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EECB Finally Gets Someone At Bank Of America To Listen, Admit Responsibility

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Bank of America messed up Andy's credit score by failing to send him credit card statements or giving him online access to an old account he only recently started using again. They also refused to work with him over the phone, telling him each time he called that they had no record of his previous conversations with customer service and therefore no reason to believe him.

He tried sending a certified letter. He contacted the credit reporting agency to dispute the delinquency claim, and he ended up being sent back to BoA's credit dispute department, where they refused his request. Finally, all other channels exhausted, he resorted to the following Executive Email Carpet Bomb (EECB).

To Whom It May Concern:

I am writing today to express my frustration in the lack of help I've been receiving from the associates at Bank of America. I've been in constant contact with your Credit Card Customer Service department about an on-going issue for the past few months along with sending certified letters (see below for tracking info) for someone to help me. Because of the lack of notes each associate has taken on my record, each call to Customer Service is always new adventure. Another result of the lack of notes is that no associate believes anything I say and are quick to note, "well we don't have a record of that" which allows them to offer minimal help. It came to a point where I called on 6/18/09 asking for help and was told "there is no help and there's nothing I can do." I can't express how embarrassing it is to call your customer service, explain my situation, and then be treated as if I were irresponsible and, basically, shown the door.

I have multiple products with Bank of America including a checking account and 2 credit cards and have contemplated moving more accounts over to take advantage of some of your other products. I have been a member since my accounts were MBNA back in 1999. That's ten years of loyalty. But I am writing to talk about credit card account [redacted] which I used as my secondary credit account in the event my primary Bank of America card had any issues.

Since I used my primary card so much, it got to a point where no card readers would accept it. So I put in a call to Bank of America for a new card and used my secondary card (which carried a $0 balance) until my primary card was replaced. Since I'm also a heavy user of the BankofAmerica.com website, I enjoyed checking my statements and paying my bills online. I noticed the account-in-question was not attached to my online profile and a point came where I was not receiving a statement to pay off the account. I called Customer Service and after a couple hours of back and forth with your tech department and other managers, they were able to return with "an issue linking old MBNA accounts/profiles that were transferred during the buyout". The customer service agent said that they were going to work on the online problem, but until then, a statement was definitely on the way.

Time passed, and I still didn't get a statement. So I called Customer Service again and was told that the statement was already sent and to wait a couple days and call back again if it doesn't show up. So I waited, no statement, and I call customer service again. The new agent I spoke to was confused as I tried to explain my situation, again, that my account was not attached online, your tech department was working on it, I'm not receiving statements, and I have no way to pay my bill. The customer service agent said I can pay over the phone but there was a fee. I asked if she can waive the fee considering all the issues and she told me she could not do that. So I said I'll wait another week for the statement since the agent ASSURED me one was on the way.

Time passes, again, no statement. I jumped on my BankofAmerica.com account and the account in question had Finally attached to my profile. I was relieved because I really didn't want to call customer service again over this issue. BUT, I had to… The account was past due and late fees were tacked on… I called and had to explain the story again, and of course I get "there's no record of any of that" and that I needed to be more responsible. Obviously I'm trying to be responsible, which is why I have been calling. But the agent politely apologized for the inconvenience and waived all the fees to the account and stayed on the phone with me as I completed an online payment to the account. I was VERY happy with how the situation ended (or so I thought) and we proceeded to close the account since I still was not receiving statements.

I recently ordered a pre-approval for a mortgage refinance and received my credit report. I noticed a flag on my credit report for the account in question. After the constant communication with customer service, the issues with the web site, not receiving statements, an admitted "issue with previous MBNA profiles/accounts" and not to mention the 10 years of loyalty with absolutely no blemishes, I cannot understand how this account was reported as a "delinquent account."

I wrote letters to the 3 main credit bureaus (certified mail), a letter to Bank of America (see tracking info below), and, again, called Bank of America customer where I was greeted with "I don't have a record of any of that" but will put in a "request" to the Credit department to review the account (April 22, 2009). A few weeks later I received responses from the 3 credit bureaus all stating, "We have verified that Bank of America did in fact report this account. All disputes should be resolved through Bank of America." That's fine, but I had yet to hear anything from Bank of America from the letter and dispute I requested.

June 17, 2009.

I decided to call again to see what steps were being taken on my account where, again, I was greeted with "I don't have a record of any of that except that we closed the account and a dispute was generated by our customer service department." So I again repeated the entire story in which the agent told me "we already made a decision and we will not be removing the delinquent notice from your credit report." I asked who else I can speak to but was told "there is no one else." I don't buy it, there's ALWAYS someone to talk to. I didn't ask to speak to a CEO, just to someone who can help me and who would listen to my side of the story.

I was then told "Sir, there is no one else to talk to, we've made our decision. From what i'm reading, you were late and you disputed this."

Even after explaining the story and all the issues again, and being told that there is absolutely no one else I can discuss this with, I asked, "So where is the letter I sent you explaining the situation? Did anyone review it?"

"I don't have a record of that," your associate responded.

I respond, "Well, I have a record that I sent you a letter, and I have a record stating you received it, so why isn't THAT recorded in your notes, and why hasn't anyone responded? If you guys record every contact you receive from us, why hasn't anyone contacted me" (see tracking info below)

"I'm sorry sir, that may be on another recording system."

SERIOUSLY?? Another recording system?? So are all my other online issues and phone calls also on another recording system?

We again went back and forth about how many other people there are at Bank of America and I, in no way, can speak to any of them.

I asked how the last customer service associate put in the dispute I requested by phone. "There is a form we fill out," he said.

I asked if its just "Check off your issue" and then fill out an explanation, or just copy/paste my account number and then push send.

"No, I fill out your account and then select ‘would like to dispute' and send it in."

Any employee can look at an account and see the person was late and say "we won't fix it." But that wasn't the case with mine. I wanted to speak to someone. I wanted someone to read my letter. I wanted someone to HELP me. SPEAK to me. GIVE me the respect of explaining what was going on over there... I even went out of my way to write a full letter requesting help as well as attached a copy of my FULL credit report with the issue highlighted to make the issue for your associates as simple as possible upon receipt.

Now, I understand mergers can be stressful, I also understand mistakes happen, I am also VERY forgiving when it comes to mistakes, but, constantly being told that it's my fault, "we don't have a record of that," "we can't do any more for you" and "there's no one else that can help you" is UNACCEPTABLE. I've been extremely patient with your staff, I have never yelled at them, never cursed at them, and have tried to uphold as much professionalism as I can muster. But this has gone TOO far. 10 years of loyalty, 10 years of being in "good standing" and an issue I had NO control over arises and I get screwed over with absolutely no help from anyone.

I've hit a dead end and would like some help from somebody. A manager, a district manager, someone who will actually take the time to listen to me and review my situation without looking at the lack of notes and saying "we don't have a record of that."

I included my contact information below and am available, at any time, to discuss this matter.

Your kindness in this matter would be GREATLY appreciated.

Sincerely ,
Andrew

Whew, that was long! But it was a long story, and a frustrating one. We were especially annoyed by how, as time went on, Bank of America used its own institutional amnesia to justify blaming Andrew for a series of mistakes made on their end. What's the point of having a "notes" section on an account, and of repeatedly referring to it, if your CSRs aren't actually using it correctly?

The good news is that the EECB had the desired effect. Andrew wrote back to us this morning,

The day I sent the email (Friday), an executive named Nereida called me from the office of Ken Lewis. She was extremely polite and seemed to really care about how I felt with getting a dead end in the customer service I should have received. She was prepared with a list of names of managers ready to work with me. But she did NOT send me on a calling spree. She had already put in calls to these people, but since it was Friday night at 730pm, everyone here on the east coast was gone for the day. So she said she would call me first thing Monday morning and keep me informed on any updates she received, and again apologized for not receiving more attention.

I received a call from Nereida this morning at about 10:30am and she conference-called me with Myron who worked out of the Consumer Credit Affairs division. Myron told me that they would be removing the alerts from my credit report. He also told me that he did see a couple reasons as to why I may not have recieved a statement and because of that, and along with all the details I had given, he saw no reason not to remove the alerts on my credit report.

The lesson here is that the EECB still can work, if you have a good reason to send it. As Andy points out in his summary below, it really pays to exhaust your other options first. When you launch and EECB you should be able to explain how you were blocked from a solution at every other customer service path in the company first.

Originally, I thought that my EECB would be a lost cause. Even fall on deaf ears... But thanks to Nereida's kindness and swift action, she helped to make my issue go away in less than 2 days.

To the readers of The Consumerist, the EECB works, but PLEASE do not abuse it. I exhausted every resource including numerous phone calls to customer serivce, secure emails from my bankofamerica.com account, and even resorted to Certified Mail with the USPS, which I feel was the biggest help in my case.

(Photo: Indigo Goat)

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The potency of the EECB definitely rises if you have more ammunition of poor customer service and errors to load it with.

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I think we should all be recording our conversations with customer service. If they are recording us, why can't we record them? I think it sure would alleviate a lot of the "amnesia" that seems to plague these companies.

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I'll say it before someone else (inevitably) does: that first time he called and had it explained to him why he hadn't received a statement (MBNA profile snafu), Andy really should have gotten the balance from the CSR and sent in a payment by check, just to be preemptive.

Doesn't excuse BoA's horrid service and complete lack of communication between departments, but if he'd done that, he wouldn't have had as much damage to later complain about. I'm glad someone finally did help him get it resolved.

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@CheritaChen: Be sure to have the CSR read off the list of every charge that goes into the new charges of that total (all of the total if previously paid in full). It can be harder in certain cases to dispute bad charge if you went ahead and paid it (I've had that experience).

Part of BoA's horrid system is that it is now managed in developed in India. Years ago BoA brought the Indian development team to America and had the people who were about to lose their jobs do "knowledge transfer" to those who were taking over. I never had an account with BoA and never will because of this. So I don't know if the quality went down specifically at BoA. I do know in many other cases, the quality of corporate CRM systems does go downhill, sometimes very quickly, when the jobs get transferred out of the country. The pool of EXPERIENCED developers in India is already exhausted. Their schools are cranking out lots of people with the basic education and training needed to enter this industry. But they won't the real experience for years.

I would have thought that CRM systems would have notes tracking. I don't know what the issue is with BoA. But I recommend that people NOT depend on the fact that an EECB can succeed as a basis to do business with them. If BoA wants to encourage more business to come their way, they should investigate why their CSRs failed to provide the proper service, determine the proper corrections, deploy those corrections, monitor the performance of those corrections, and provide a complete report to the editors of Consumerist and Consumer Reports.

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The sad thing is that the more the executive wing removes the ability of their line customer service agents to resolve problems, then the more work their "executive problems" teams are going to be getting.


How many emails and calls do these people have to take before they put the service back into Customer Service?

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BoA is terrible. This is just another story proving it. Take your money elsewhere. They don't care about idividuals anyway. That isn't where the money is at...

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I normally detest BofA with all of my heart; however, they actually came through for me a few days ago, and I am still in shock.

Countrywide held the mortgage to my house, which was sold in the course of a divorce. Months later, a cheque appeared in my mailbox with an explanation the monies were the balance of the escrow account. Of course, the cheque was made out to my ex and myself, and, therefore, I had no way to access and disperse the funds. For *months* I fought with Countrywide CSR - they never had an record of my previous calls, managed to lose multiple faxes and Certified mail, and my favourite moment happened when a CSR admitted (by accident) Countrywide had the divorce in their records and the original wording of the cheque was a mistake.

I got the mail a few days ago, and to my complete astonishment there was a cheque, in the correct amount, with my real name - from BofA. No explanation, no apologies, but I really no longer care - they are my heroes. Well, until they do something else inane. . .

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@CheritaChen: That reminds me... I once had a billing dispute with Citibank, which resulted in erroneous late charges tacked onto my account - they recorded my payment posted earlier than the billing cycle cutoff, in spite of their website saying the contrary...


Anyway, they were really aggressive, and I had every intention of paying their bill - so I said, "I'll pay you double the minimum over the phone, right now, as long as you waive the pay-by-phone and late fees."


Done deal. Account balance was $0.


Bank of America certainly has Pay By Phone features, and I'm pretty sure he could have arranged a deal.

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BOA is a POS. I wish them a slow and painfull death.

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Once again I would like to express my extreme distaste with every CSR thinking that the computer is god and that there is no way that the information (or lack of information) on the computer could possibly be wrong. The computer knows all, long live computer. Whenever someone says that they "have no record of that in our system" I tell them "well, my system shows that there IS a record of that. So, now what?" and they usually have no idea what to say so they end up helping me. Sad.

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I feel like Consumerist is making it seem like BoA ignores EECB's or something with that headline?...I've gotten Bank of America to refund about 200 dollars in overdraft fees on 2 seperate instances using EECB's. Both times were with the same account.

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BOA is evil and EECBs, while may always score some sort of "hit", don't always work. I was given the royal screw job by BOA on 3 separate events over the course of my 12 year tour of duty with them (originally a NationsBank customer). When I finally fired off my EECB, only 1 of my 3 issues were even partially resolved. As a result, I moved to our local credit union and could not be happier. Lower interest rates and much more personable service. My CSR at the CU knows me by name and I can email/call her at any time.

Dump BOA and watch them die a slow [hopefully] painful death!

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There needs to be a very, very large class action against BofA, covering all of the issues of fraud, deceptoin, misrepresentation, lying, the levying of bogus fees, and all of the other blatantly illegal and fraudulent things BofA has been doing over the years, but particularly over the past 6-8 months.

This should be pursued by an attorney who won't simply settle it, but will take it all the way to trial. By doing so, the discovery phase will be amazing; it would enable the deposing of all of the BofA senior officers, and getting them to admit all of the shady, deceptive, piece of shit tactics that BofA has been doing for years, but particularly egregiously within the past 6-12 months.

A serious discovery action against BofA would bring it to its knees; they know that what they are doing is shameful and illegal, but they seem to have this arrogance that no one will question them, so they just keep doing it.

Any attorneys out there interested in a large class action?

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@Galactica: Just do not tell the live operator that but mention it when their recording plays.

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@Coelacanth: According to his letter, he was offered that one time but they would not waive the fees (even though he had no other way to pay) and assured him he would be getting his paper bill in the mail in the next couple of days. Personally, what I learn from this is that I should just eat the fee and get my payment on record -- then argue :(

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@calchip: "Sorry but your acceptance of mandatory binding arbitration by continued use of our services removes the posibility of you suing BOA in court. Have a nice day."


The Shadow Legal system wins again...

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@starrion: I used to work for a company (Npower Direct) dealing with complaints. Npower direct was a reseller of electricity in the UK.

Complaints via the regulator came to my desk. Complaints sent to the CEO came to my desk. They were tallied on different lists, and given different case numbers, but the regulator ones were dealt with by the person next to me, the 'VIP' ones (as they were termed) were dealt with by the person opposite me. We were all part of the same team, and had no different powers. Better yet, the VIP ones, because they didn't go through the regulator, weren't followed up on by the regulator, or included in their statistics.

Sometimes an EECB can work against you. (I should also point out we didn't even work for Npower, we worked for a company called Vertex, in a big call center. Also did Orange, betdirect and some others in the same building.

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@econobiker: Go ahead and mention it to the live agent, they usually don't care... I don't cause as a CSR (Not with BoA)people tell me that all the time and I say thats fine as we record all calls. It will also be recorded on both ends that way.
If you do it when the messages are playing the calls are not recorded during that time

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Does anyone have the email address to EECB?