Typical Credit/Banking Shenanigans
Permalink Posted on 12-26-2006 at 03:09:47 pm by Aaron Email , 644 words, 3620 views  

My present to Bank of America/MBNA this year is a big fat lump of coal: I'm closing my credit card with the combined company, after experiencing some of their abusive, shady, and unfair practices.

I thought I'd share my account closure letter with aD readers and the internet in general. After reading this, you may want to avoid Bank of America (not that I think there are many "fair" financial institutions out there):

Since your company failed to completely pay off all liabilities on the card from my Bank of America checking account as I instructed on the phone last week, I am enclosing a check for two dollars to make up the remaining balance owed (plus any interest that may be unpredictably incurred between now and when the money is received).

I am closing the account for two main reasons:

(1) Last year, MBNA abruptly changed the terms of my account from a 5.9% fixed rate to a variable rate, beginning in excess of 10%. When I inquired why this had been done, despite no delinquency on my part, an MBNA representative told me it was due to "interest rates rising" and that there was nothing he could do about it.

Later I discovered that my credit score had abruptly deteriorated at the same time, mostly due to a number of "phantom" accounts appearing on my record by the mistake of the credit card companies (I immediately had this corrected). I also found out that a friend who had the same 5.9% rate with MBNA had been able to keep this rate (and still does to this day).

So what really happened was that MBNA invoked the "universal default" provision (which I only recently learned about) to change the terms of my account when my credit score changed -- despite the lack of delinquency on my part -- and then lied about this. While the lie was bad enough, the "universal default" practice is an abhorrence which I consider grossly unethical. I suspect it will become illegal sooner or later.

At the moment I discovered this is what happened, I planned to ultimately close my MBNA account. The question was simply when.

(2) That final question became answered this month, when I received a statement informing me that my account was "past due" by a ridiculous $10 amount, because my minimum payment had gone up. Previously I had had an automatic monthly payment set up to cover the minimum, with room to spare. This had to be done because MBNA's payment system does not allow the customer to pay a variable minumum.

While it is true I could have checked the previous month's statement more carefully and made a supplementary payment, and then changed the automatic payment, and then checked every month for the next few months to see if the new automatic payment was in fact occurring (since, as your associates admit, one cannot predict precisely when this will happen), it is ridiculous to have to do all this. In reality, nearly every other financial company I have ever done business with allows the customer to pay a variable minimum payment automatically.

This is not rocket science. It is obvious MBNA utilizes an inflexible electronic payment system to artificially put customers into delinquency, and then bludgeon them to death with fees. I choose to no longer do business with such a company. This was the "last straw".

So please close the credit account and report it to the credit agencies as closed at my request. If I find that any delinquency has been reported on my part, your company can expect a legal challenge and the loss of all my business with Bank of America.

Regards,

Aaron Krowne

P.S. - This letter is being posted on the Internet at my blog, http://www.autodogmatic.com. I am also widely reporting the incident to the press and consumer advocacy venues.

Comments, Pingbacks:

Comment from: Andy P [Visitor] Email
I was "lucky" enough to have both an MBNA and BOA account at the time of merger. When the online systems were merged, all my settings were reset (autopay, email notification, etc) with no warning. I was late on my first payment (imagine that!). I had to resort to the usual, call in to customer service and throw a hissy fit until they removed the late charge. The point is, I never should have had to do that. I didn't even bother checking the rates as the MBNA card was a backup used to pad my credit, but now I will. Thanks for the info.
PermalinkPermalink 12-27-2006 @ 10:29
Comment from: Justin [Member]
I rarely use my MBNA (now BOA) credit card as I try and do all my spending via my AMEX blue cash card. My wife and I are both on the same account with AMEX under this program. Notably, this past year we "earned" $830 in cash back, which is applied as a credit to our account for this month's statement. Don't even ask how much spending had to transpire to rack up such a high cash back amount - I don't even know. But we pay it off every month and put substantially all of our expenses on this card to get the cash back. Sidenote: why retailers don't offer a larger cash-back-like discount for purchases via debit cards, I do not know. Seems like a no-brainer to me.

Anyway, what I wanted to bring up before I got on that digression was a difference in practices between MBNA/BoA and AMEX. We make a practice of never carrying a balance from month to month. When it comes to bill pay time, submitting a payment via AMEX is easy. It defaults to paying the outstanding balance, but you can change it to the minimum payment or some other amount in between, if you so desire. This makes sense to me. BoMBNA, however, defaults to the minimum payment. As a result, it is very easy to accidentally submit payment that is just the minimum - not the outstanding balance. As a result, on at least one occassion, I've inadvertantly failed to pay off my balance, which was something like $45, and instead only paid off the $15 minimum.

Now, I could see this going either way, but the most obvious and simple solution is to leave it blank for the customer to fill in. That way, no one, in a rush, would fail to pay off the minimum or the maximum.

I don't know if this is intentional - it's easy for me to think that it is since I always pay off the balance, and by setting the payment to the minimum, BoMBNA has the opportunity for me to end up financing some amount I actually wanted to pay off. I'm going to assume that it's unintentional, and that this behemoth of a company just hasn't ever thought about it sufficiently.

I hope your letter gets picked up. I'm afraid consumers have stopped being advocates these days - big companies like BoA and others have too many other pressing issues to fool with "details" or client service.

Conclusion: our anything-but-laissez-faire financial system blows.
PermalinkPermalink 12-27-2006 @ 12:21
Comment from: Aaron [Member] Email

... big companies like BoA and others have too many other pressing issues to fool with "details" or client service.


Actually, I think the situation is worse than that, Neal: I think the banks explicitly add complexity and make the customer jump through hoops so as to increase the incidence of fees.

Here's an article with some more on the growth of banking/credit fees:

http://articles.moneycentral.msn.com/Banking/BetterBanking/BankFeesAreMoreOutrageousThanEver.aspx

A quote:


All these fees, hidden or not, have helped many banks turn in record profits in recent years. Credit card fees alone jumped 18% last year, to $24 billion. Overall, bank fees are on track to top $55 billion this year, said Robert Hammer of investment banking firm R.K. Hammer.


18% in one year. Wow! Something's wrong about that... more wrong even than health care (which is tough to do).

Of course, the financial companies say the fees mostly "recoup costs", but I've seen estimates elsewhere that it costs around $2 to handle the typical overdraft, compared to average penalties of $30.
PermalinkPermalink 12-27-2006 @ 12:33
Comment from: OkieLawyer [Visitor] Email · http://satellitesky.blogspot.com
What we really need is for the Democrats, who now have subpoena power, to start having Congressional hearings on the matter. Then we need for the media to pick up on the story and run with it.

Somehow, though, I have my doubts that it will happen. Joe Biden, who would chair the committee in the Senate, hails from the very state who benefits the most from the banking industry. For instance, it was Biden that authored that awful new bankruptcy law. So, don't get your hopes up.
PermalinkPermalink 12-29-2006 @ 13:26
Comment from: Aaron [Member] Email
OkieLawyer: I don't expect congresscritters to help at all. I have much more faith in something like a class-action suit.
PermalinkPermalink 12-29-2006 @ 13:50
Comment from: dcorban [Visitor]
If you only pay the minimum required amount on your credit cards every month, I think you have bigger things to worry about than a mistake by "the credit card companies".
PermalinkPermalink 01-04-2007 @ 21:06
Comment from: Aaron [Member] Email
dcorban:

I might choose to in certain instances, for my own benefit. I don't have to.

You miss the point. There were no mistakes here (well except the "phantom" accounts left on my record by third party companies). The cards (no pun intended) are stacked against the consumer systemically.
PermalinkPermalink 01-04-2007 @ 21:39
Comment from: James [Visitor] Email
I asked MBNA to close my account in 1993 after paying it off. In 1997 they reopened it, without my knowledge or consent, with annual fee. After several years with no correspondence (I had moved a couple of times), they sold account to a collection agency, which now claims debt of $610 on my credit reports. Scumbags all.
PermalinkPermalink 01-05-2007 @ 21:59
Comment from: Aaron [Member] Email
Ugh... I feel for you, man.

My own saga continues. More than a week after I sent a letter instructing MBNA/BofA to close my account, and two weeks after I did a payment over the phone paying off nearly all of the balance, MBNA has sent me another monthly bill, as if I still owed more than $2000, and nothing had transpired in the past month.

I guess I should be thankful they still haven't sent armed thugs after me!
PermalinkPermalink 01-05-2007 @ 22:35
Comment from: Erica [Visitor] Email
I don't understand any of you.

I've had MBNA for the past FIVE years. Never had a pro
a single problem with them. For those that talk
about not making the minimum payment, etc. and
getting late fees I'm really concerned for. It's
not hard to log on to the site and read the
statement. Go to your bill pay at your bank and
make the payment. It's not rocket science.

I would guess that most of you are in debt to your
eyeballs and want to blame someone. The credit
card companies are not out to get you. The only
people that have issues are ones that carry
balances and are so far in debt they cannot get
out.
PermalinkPermalink 01-15-2007 @ 21:07
Comment from: Justin [Member]
I don't understand any of you.

It's not rocket science and I don't think any of us are "in debt [up] to [our] eyeballs" wanting to blame someone. And quite to the contrary, credit card companies are out to get you - or at least, I get solicitations for new credit cards daily. Companies are always going to try to wrench every dime they can out of their customer base. And they will do it all the more if consumers have poor means or high costs associated with fighting back.

It's not rocket science.
PermalinkPermalink 01-15-2007 @ 21:26
Comment from: Aaron [Member] Email
Erica:

No, I'm not in debt, actually.

I don't think you understand the point about universal default. What would you think if I made a contract with you, and somewhere back on page 98 in small print it says that I can break the contract if some third party decides they don't like you? That would be pretty unethical, right?

Well, that's how the credit card companies (including MBNA, of course) work.

You've got no rights. If you don't agree to such contracts, there are no companies that will offer alternatives.

You've been lucky, perhaps. But you've still got no rights.
PermalinkPermalink 01-16-2007 @ 01:34
Comment from: Jamie [Visitor] Email
I had a big jump in my MNBA (now BOA) card that I thought was a 5.9% rate for life. I was told that the jump to 12% was a 'good rate' and I should be happy it is so low. The BOA customer service rep was NOT going to transfer me to his supervisor so I could continue to try to get an answer as to why it jumped up despite my never being late with any payment. His only response was "rates have changed" and again, ".. you should be happy it is such a low rate" basically giving me the impression of a veiled threat to make it higher.

I will close all my other BOA accounts, but am saving all my documentation just in case a class action suit commes against these companies.

They also told me they had sent a 'letter explaining the rate hike' but I never saw such a letter.

Anyone know if there is a class action going against this practice??? Somehow I remember MBNA promising low rates that would never change if the account was in good standing. Was that a fairy tale, or my ignorance?
PermalinkPermalink 06-24-2007 @ 00:24
Comment from: Aaron [Member] Email
Jamie,

That's the same deal I originally had. I heard from another friend that also had it, and his has now jumped to a higher rate as well.

Basically, there is nothing we can do "in theory". The credit card contract actually says that the "fixed" rate really means "fixed until we decide to change it, which we can do for any reason".

The reason they can do this (other than the government being in their pocket) is that technically, you may leave the *existing* charges on the card at the old rate and refuse the new rate, but if you do this, they will not allow you to put new charges on the card at all. In other words, it will ultimately "die" if you refuse to accept the new agreement.

What particularly annoys me is when they lie about this with a cover "rates have changed" story (and I hate that the Fed's arbitrary policy changes gives them cover for this). They should be more honest: "we had to break our promise to you because it wasn't really a promise at all."

I think there is little hope for a class action, because this is all technically legal. But it should be illegal.

I applaud your plans to cancel the card and close your BofA accounts. At least that will hurt them, in some small part. Maybe if more of us do it, that part will grow to something they'll really feel.
PermalinkPermalink 06-26-2007 @ 02:15
Comment from: Jeff [Visitor] Email
I had an MBNA card for years with great service. Never late, always paid more than minimums. After Hurriacane Katrina I used available credit to rebuild my home while trynig to settle with insurance company. BOA arbitrarily raised my rate from 8.9 to 22.9 saying that my high balances made me a risk even though I was always on time time and had no problem making payments. Went round and round for months with no reasonable explanation other than we could so we did. Seems like the old bait and switch to me. Get me to borrow at a competitive rate and then find any excuse to raise it beyond what any person might consider reasonable.
PermalinkPermalink 09-05-2007 @ 00:54
Comment from: JB [Visitor] Email
My wife had an MBNA card and also had a BOA checking account at the same time. When they made the merger, MBNA quit withdrawing the autopay on her MBNA credit card account which threw her account into default, thereby more than quadrupling the interest rate. They refuse to admit any error on their part so she has refused to pay until they return the account to its prior status. Now they are calling me up at work stating I'm on the account when I'm not and threatening to seize our house (which is homesteaded in Texas). Also, why didn't the interest rates go down when they passed the new bankruptcy law? Interest rates are supposed to be based on risk. Unless you are on the lower end of the pay spectrum, you'll end up paying out most of your debts even if you go through bankruptcy. Seems to me that this certainly caused the risk for banks who issue credit cards to decrease, but the consumer is still paying unbelievable interest rates and fees. In my opinion, the credit industry is destroying our nation. Really, the US is getting to where it doesn't produce anything BUT debt.
PermalinkPermalink 10-03-2007 @ 12:12

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