B of A and SSCRA

Does anyone have any experience with the SSCRA in community property states? * Mostly my post is just venting a little.

I've been having lots of fun with Bank of America on the Soldiers and Sailors Civil Relief Act. I'm on round 3 or 4 and awaiting their reply.

I'm trying to get 2 lates removed because if they had charged me the correct interest rate of 6%, the payments would not have been late. I tried to work with Customer Service, but a year later nothing changed so I submitted my request to some escalation desk in AZ in writing.

I live in a community property state, Texas. Where any new debt, ie interest charges or new charges, accumulated during the marriage are community debt automatically. Any remaining solo debts become community debt if the married parties both choose to pay for them or if the debt grows after the marriage date. After you're married in Texas, it doesn't matter if he has a credit card in his name, or I have one solely in mine, a credit card company can sue both of us if one of us defaults (be married and just try to buy a house by yourself in Texas, you can't!). Wells Fargo had no problems bringing my car loan down to 6%.

In 2001 - 2002 I had an outstanding balance on the ccard (which was closed by BofA) that I was paying on. In October 2001 I got married. I requested the 6% rate reduction promised by the SSCRA when my hubby was activated 2 days later.

I just got a flat denial letter back with 3 points. The first 2 objections were easily answered with dates and circumstances and copies of DH's orders. The 3rd one is that if it's not my hubby's debt, they won't change it. They don't quite seem to understand Texas community property law also means community debts. They keep insisting that because my Dear Hubby (a happy guy out doing yet another tour in the Middle East as I type) wasn't physically added to the account that they weren't required to drop my interest rate for that period to 6%.

I'm stating I was never late and they owe me a refund of the overpaid amount for the period in question. I'm still waiting on this round of replies. This time I included a copy of the relevant Texas Family law statutes and another copy of the SSCRA requirement that they have to prove my husband had not been helping pay the debt.

::sigh::

On the other end, I'm going to request deletions of the B of A lates from all 3 CRAs based on Never Late, and see if B of A verifies. I've had some success getting bad tradelines deleted online, I just wish I didn't have to pay for the privilige of filing online.

JAG just isn't terribly helpful for cleaning up tradelines. They could probably help me get a refund of the overpayment, but it's not the refund I want so much, it's the deletion of lates in the last 12 months that I'm after.