Bank of America Declared Live Customer Dead for 3 Years?

Arthur Livingston, of Prosperity, S.C., may feel prosperous and alive, but his credit report says, "File not scored because subject is deceased."

That's because Livingston's bank, Bank of America, has been reporting him as deceased to the three major credit agencies since May 2009, he said.

Bank of America has still not resolved the issue, even after media attention, causing headaches for Livingston, 39, and his family in South Carolina.

A regional manager of a chemical company, Livingston, discovered the dilemma when he tried to obtain a loan from a mortgage company in October. The problem may have begun when Livingston, who said he has been a Bank of America customer for 14 years, sold his home in May 2009.

Five months since he discovered the problem, Bank of America still does not have a solution, and his mortgage company has not been able to obtain his credit score to give him a loan for his new home, which he said is the "major problem" with being "deceased." He also fears the inactivity on his credit will negatively affect his credit score.

A spokeswoman for Bank of America told ABC News on Thursday said the company is working with Livingston directly to "resolve this issue as quickly as possible."

Livingston said he regularly pays off his credit card bill in full, including $2,000 to $4,000 in travel expenses for work. But none of that, he fears, is being recorded on his credit record.

"[Bank of America] is well aware that the account is very active on a daily basis," he said.

That has been "frustrating" for Livingston and his family's plan for their new home, which was supposed to begin construction from mid-December. He was hoping the home would be half finished by now.

"It's been a complete waste of time," he said of the "inexcusable" mistake.

He, his wife, son and daughter, 8 and 5, respectively, have been living in a rental home while they wait. Construction of the home is estimated to take four to six months, weather pending. The Livingstons had hoped to move into their new home by April.

"Obviously, that's not going to be remotely possible," he said.

Livingston has done everything from talk to his local branch to emailing Bank of America's CEO Brian Moynihan two weeks ago, only to have company representatives tell him his issue has been bounced around or "escalated."

"I'm not trying to be overdramatic," he said. "I'm not legal-seeking. I've been patient for 90 days."

That's when he contacted the local television station, WISTV-10. When the news station aired a segment about him on Tuesday, a company representative said it would contact him directly. He heard from the bank on Thursday, when he said a representative said she wanted to "touch base" with him and that the right people were trying to resolve the issue.

"It's inexcusable. She's making it sound like now it can be a quick fix. It should have been a quick fix three and half months ago," he said. "I've really reached my limit."

Victor Searcy, director of fraud operations for IDentity Theft 911, said one possible reason for the mix-up is Livingston's name could be common, and Bank of America may have mixed up his account with another one associated with a deceased person.

"Regardless of the situation, it shouldn't take 100 days to investigate and clear," Searcy said. "He can obviously present identification and appear in person to provide 'proof of life.'"

Tom Quinn, credit scoring expert with Credit.com, said most credit scoring systems have logic that prevents a score from being generated when a credit report is requested if there is any indication of a deceased status.

Once a bank reports a customer deceased to the credit bureaus, until the code that indicates a deceased status is removed no credit score will be generated when that consumer's report is requested, he said.

"Just another good reason why consumers should periodically check their credit report for accuracy and follow the disputing-inaccurate-information process if they find this kind of inaccurate information on the file," he said.

Livingston, who has two checking accounts, a savings account, and two college savings tuition plans for his children, said he plans no longer to be a Bank of America customer after the issue is resolved. He is staying with the bank until then.

He fears worse treatment if he is no longer a customer, though, he said, "I don't know how they could give me any less attention."

While his friends first joked about the situation, they now sympathize.

"It's gone on so long, it's comical but not funny," he said.

Meanwhile, he said, his wife is "completely stressed out."

"It's a helpless feeling. It has taken a toll on both on us because we were hoping to start building a house," he said. "We knew we were going to move eventually before we started building. But once we started building, we had no idea that this was going to happen."

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  • Ty H  •  Oklahoma City, Oklahoma  •  3 months ago
    Bank of America is the biggest joke I have heard of in a long time. My daughter and son-in-law are dealing with them and not getting credit for their house payment. They have all the receipts to prove but the bank is giving them a bad mark on their credit score..........and to thank we bailed this company out. My advice, do not do any business with Bank of America.
    • bumpercars_still 3 months ago
      So you have a dead beat son in law. Should have checked his credit score.
    • Randy 3 months ago
      @Bump.....trouble reading AND comprehending?????..it was stated they had their receipts for their payments.
    • bumpercars_still 3 months ago
      You obviously don't know his past credit scores.
  • Fred  •  Branson, Missouri  •  3 months ago
    Once upon a time you could just go to the filing cabinet, pull the file, and correct an error. Nowadays, though, when an error has been entered into the computer system it takes an act of congress to correct it.
    • Special K 3 months ago
      Not true, not when it comes to credit reports. If anything, it's easier now to fix these mistakes because documents don't have to be snail mailed back and forth and any bank employee can have your full file right at their finger tips. I can't imagine how much worse this would have been 30 years ago.
    • cobra 3 months ago
      Somebody had to put this information into the computor. Computors do not make mistakes. It's the people who run them. Most of the information should still be in there. I think the bank is dragging their feet.
    • Mr. Zzyroringati 3 months ago
      The computer programs are so big and complex that no one person knows them.
  • steven  •  West New York, New Jersey  •  2 months ago
    why does BANK OF AMERICA keep calling me i do not bank with them but they have my # and keep calling me all hours of the day all the time i have the assurance wireless phone were all those #'s sold to bank of america ya think
  • Magginkat  •  3 months ago
    This is totally insane. They show daily activity on his account.. They accept his money to pay his bills, etc but they can't do something as simple as to undo whatever they did to cause this problem? I don't believe for a minute that the couldn't undo this stupidity in a matter of minutes. As a matter of fact why can't the credit bureaus undo this now that they have been notified?
    • Simple Human 3 months ago
      I agree. It's probably something really simple like roving a "flag" from his account. BofA sucks. I will never do business with them again since they screwed me personally.
    • Scootter 3 months ago
      @ Maggin, I have experience in this. It is not that they cannot do the right thing . The problem is that they Will not do the right thing until they are forced to. They know that they are above the law. Why would they put themselves out and do their jobs when they do not have to? Another factor is that many of them do not know how to do their jobs.
    • JEZZLIN 3 months ago
      I pulled out all my money from Bof A back in the 80's, had a bad feeling about them then...guess I was right.
  • Rick  •  3 months ago
    Start holding those executives PERSONALLY responsible, with real threats of jail time, in the common people jails, and problems will start to get solved real fast.
    • jhum 3 months ago
      I think the executives are dead, but still get paid.
    • Terri M54 3 months ago
      Yes! and Yes!
    • Tony B 3 months ago
      And another YES for good measure!
  • Wizened Sage  •  3 months ago
    What about the credit reporting agencies? If you prove that you are alive, shouldn't they be able fix this? And the bankers and republicans wonder why we need these regulations to protect the consumer.
    • Tony B 3 months ago
      The credit reporting agencies are useless when it comes to correcting errors. They have no incentive to help the consumer. About as useless as the major banks.
    • Hater of the Year 3 months ago
      One of the worst systems this country has is the credit reporting agencies, and I have an 802 score!
    • SheilaP 3 months ago
      I've been telling the 3 reporting agencies for 15 yrs that they have my maiden name incorrect but they have never corrected it. They are useless when it comes to correcting information. I have sent them certified proof and they still won't correct it.
  • S  •  3 months ago
    Arthur Livingston needs to be looking for a good credit union...
  • AmazingB  •  Miami, Florida  •  3 months ago
    BOA = CORRUPTION at the worse level!
  • random person  •  3 months ago
    when my father died, his survivors pension to my mother was cut off shortly after. Only because the company miskeyed her SSN with that of someone who was dead.. One digit off.. It took months of false solutions to resolve it but I had to stay on their heels weekly to make sure it was fixed. Apparently it takes an act of god to change a SSN in the corporate world..
  • raymond  •  Bartlett, Illinois  •  3 months ago
    I'll bet that CEO will get a record bonus this time for his "talent"
  • JohnG  •  3 months ago
    When BofA hires job corps dropouts and moves their call center to bangladesh you should expect a few customer service issues.
  • bbc  •  Tampa, Florida  •  3 months ago
    Looks like another lawsuit against BAC to add to the list.They never seem to have a problem finding your credit score when they want to raise your interest rates.
  • A  •  3 months ago
    Bank of Amerika just plain $$UCK$$. They are always #$%$ over someone in the name of bank profits.
  • TM  •  3 months ago
    BofA refused to cancel my dead grandfather's credit card. We called them 9 times and mailed them a certified copy of the death certificate. No action. Finally we gave the credit card to a homeless man who spent $1,456.28 and reported it stolen. Only then did they cancel the card
  • rumman  •  Pharr, Texas  •  3 months ago
    This is the same Bank that repossessed Veteran's homes who were serving overseas, in violation of Federal Law. Also B of A was forced to pay 410 million dolllars in a settlement with the DOJ re: illlegal OD's fees. They have also been sued for 10 Billion dollars re: Countrywide Mortage Fraud.
  • Jon Trelfa  •  Newburyport, Massachusetts  •  3 months ago
    They're horrible. They keep sending me emails saying that my online account access has been suspended and I've never even been a customer of theirs. Ugh.
  • smg  •  Richmond, Virginia  •  3 months ago
    I hate banks. When it's your mistake and you pay your credit card a day late, it takes them 0.000000000000000000000001 seconds to hit you with a 40 dollar late fee. When it's their mistake, it takes them a year to fix.
  • Rodger  •  3 months ago
    I don't understand after all the bad press and horror stories about Bank of America that people still use them.
  • beautiful oak  •  3 months ago
    A few months ago we cancelled and closed our B of A credit card. We never had any problems with them, but after reading how frequently other people did, we decided to jump ship before it happened to us. Small town banks are the way to go.
  • midarkmind  •  3 months ago
    I can't believe that they tried to charge everyone $5 to use their debt cards! What a joke company.