BofA Tactics Challenged by Retired Navy Man

LOS ANGELES (CN) – Bank of America and its debt collecting arm double-billed on a mortgage and strung the customer along for months, not returning calls and refusing to refund the money or offer compensation, a retired U.S. Navy captain claims in a class action in Superior Court.




     Capt. Peter Dabbieri says Bank of America and its subsidiary, BAC Home Loans Services, twice withdrew $9,800 for his monthly payment on a home in Redondo Beach, and refused to refund the money despite promising to do so.
     More than 5 years after he got the mortgage loan from Bank of America, Dabbieri says, he was notified that BAC was taking over the loan. Then he got notice that he was late on payment, owed late fees and needed to make a payment immediately.
     Dabbieri says that should not have happened, as he paid the mortgage by automatic deduction from his Bank of America checking account.
     Dabbieri says he called BAC to clear up the problem. Later, he says he found that BAC had withdrawn both the payment he made over the phone and the regularly scheduled automatic payment he had set up with Bank of America.
     Dabbieri says that BAC told him when it took over his loan that he should not expect his automatic payment withdraw schedule to change unless notified otherwise.
     Repeated calls to resolve the mix-up led through a long string of customer service representatives. All but one refused to give their last name, left him on hold for a long time, and their supervisors never returned his calls, Dabbieri says.
     He says he was twice promised refunds that never came and was finally told that “because BAC had caused so many double payments, BAC would need weeks to return them all,” and that he would get no compensation for his troubles.
     Finally, as Dabbieri began preparing this lawsuit, he says, BAC retuned the $9,800.
     Dabbieri seek damages and an accounting for negligence, violations of business codes, conversion and unjust enrichment.
     He is represented by Ray Gallo of San Rafael.

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