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  • Report:  #1516669

Complaint Review: Bank of America - Phoenix Arizona

Reported By:
Weatherman - Spotsylvania, VA, United States
Submitted:
Updated:

Bank of America
Canelback Road Phoenix, 85012 Arizona, United States
Web:
N/A
Categories:
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I bought a new car in June, 2016.  The payments on the car were $579.96 a month for 72 months.  I paid the car off, sometimes making double payments, and made my last payment for payoff in January, 2022.  When I called about what I needed to do to get the title since I moved and live in a different state, they said that I still needed to pay until September, 2022, for the total of the 72 payments to which I had agreed to do inwriting, and states such on the contract. 

They said it did not matter if I paid the car off early or not, that the contract is the legal document and that I committed myself to pay exactly 72 monthly payments in the amount of $579.96.  After explaining that I paid off the payoff amount indicated online, they did not seem to care.  They said I could either pay the monthly payments until September or I would have the vehicle reposessed.  I have never missed a payment and have always paid on time, every time. 

They continued to argue that the contract is a legal document, and it is what it is.  I told them I would get a lawyer, and that my bank statements show that I have, indeed, fulfilled the contract by paying the total amount of the payments required.  They claim I failed to follow the contract by not paying each month according to schedule, and that I did not ask permission to pay the car off early. 

They said 72 months is what was assigned, and that 72 monthly payments must be recieved.  I think this is a rip-off.  Can they really do this?



3 Updates & Rebuttals

Robert

Irvine,
United States
You thought?

#2Consumer Comment

Mon, March 14, 2022

You still apparently didn't go back and read what you actually signed to see what the agreement does say. What happened to the lawyer you said you were going to get?

You didn't answer probably the most important question. Were you ever late, delinquent, or had any deferrals?   There is still discrepancies in what you say were 72 payments.  As if you did you would likely owe additional fees and interest, which may or may not be represented on the website. If you wanted to pay them off you should have called them directly.

The only time a bank would request a "lump sum" is if you have been severely delinquent, or you are beyond your original payments.

Before you go too far down this road you better start doing your homework to make sure you have a leg to stand on. Because the more delinquent you get the harder it will be for you to dig yourself out, and if they do end up repossessing your car you will have to come up with the entire delinquent amount plus another several hundred dollars to cover the repossession.  Not to mention the damage to your credit.  


Purplenights1

Hot Springs,
Virginia,
United States
I followed the Payoff terms

#3Author of original report

Sun, March 13, 2022

I paid the amount posted on the website stating "payoff amount" which I paid right then.  What B of A is claiming is that since I signed a legal contract to make 72 monthly payments (which I did, including the advanced payoff amount) that because the contract itself states that I "signed" to make "72 monthly payments", that I must continue to pay each month until 72 months are paid, regardless of the payoff amount, because they say that is the terms I agreed to.

I thought when you paid the balance of the loan off, according to THEIR total, that was it.  They say I broke the agreement because 72 months have not yet been fulfilled, and that I can only stop payments at the END of 72 months.  These people are crazy.  They are trying to take me for far more money than I actually owe.  Now that I am done, they are threatening reposession unless I come up with 7 more months of payments, and that they have the right to demand it in a lump sum.  Bof A is a rip-off company.


Robert

Irvine,
California,
United States
Can they do this?

#4Consumer Comment

Wed, March 09, 2022

It is amazing how many people don't actually read the Contracts they sign.  Then on top of that don't understand that they are signing a legal document they can't just decide to modify one day.

Of course, they can do that if it is in the contract.  You need to look at the contract and look up the sections on "early payoff", and the type of loan you have(Simple Interest..etc). If you need to find a lawyer to explain it to you unless you get them to give you a free consultation they will likely charge you a couple hundred dollars. You may be better off looking for a friend or relative who can actually read and understand the document.

Now, let's look at some information. You bought the car in June of 2016, your first payment was likely in July. If you had 72 payments paid on time, every month your last payment would be around July of 2022, not September. So you are definitely leaving something out of your report. You either were not current your entire loan, you didn't actually agree to a loan of 72 months, or you had some sort of deferred payment agreement in the beginning.  

If you made late payments every late payment, short payment, or deferral, adds additional fees and/or interest on those fees to your loan making your initial amount now null and void. If you made late payments in the beginning those will have a lot more effect on your balance than later on in the loan.  Before you made your last payment you should have contacted them to get a confirmed "payoff" amount and just send them what you think you owe, and based on your report you did not do this.

Sometimes you made double-payments? At best you were trying to pay off your car about 8 months early, so in 72 payments that is very few.

So what are you leaving out?

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