I had a credit card with Boatmens Bank in 1995. The bank has been baught out by Nations bank for awhile and now is Bank of America. Well Bank of America is reporting the old debt that I had with the old Boatmens Bank, could I persue Bank of America like a CA since I never actually opened the account with them? I've disputed as "not mine" with no luck. Anyone? Thanks Matt
Isn't the SOL over on this debt? Write a letter asking them nicely, if they don't oblige, sue them. What's the DOLA on this card? I'm not sure that you can hold BofA to FDCPA standards (that's what I take it to mean when you say "like a CA") ... unless you live in California or Texas -- lakpr
The FDCPA defines debt collector, and says "the term does not include -- (B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts" I'm not a lawyer, but my interpretation of the law is that the two companies are related by common ownership or corporate control, so I don't think you'd be able to get away with treating BofA as a CA. Maybe someone with more experience has another opinion or interpretation? Elle
I would agree that the debt is past the SOL. In addition, why is this debt even on your report if the DOA is from '95? How is this account listed on your CR? PolarisA3
