• Report: #693754
Complaint Review:

Fifth Third Bank

  • Submitted: Thu, February 10, 2011
  • Updated: Tue, July 24, 2012

  • Reported By: SCAMMED2MUCH — upyours Kentucky United States of America
Fifth Third Bank
38 FOUNTAIN SQUARE PLAZA Cincinnati, Ohio United States of America


*Author of original report: Do your research and speak out against unethical and potentially illegal activities of Fifth Third Bank

*Consumer Comment: It's funny how doing the right thing...

*Consumer Comment: You shot yourself in the foot.

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We purchased an RV through Fifth Third Bank, in 2004.  We ALWAYS made our payments ON TIME, and even PAID MORE than our loan payment amount.  In 2005, I became disabled from a stroke, and was unable to work.  We moved to a warmer climate, for my health.  We had jobs already lined up, however, the company that we worked for (I worked "as I could"), went through a tough time, and had to let us go.  Nonetheless, we kept paying Fifth Third Bank, as usual, since we were LIVING in the RV.  THEN came the economic downfall, crashing down.  We simply had too much debt, and were forced to file CH7 Bankruptcy.

The RV was DISCHARGED in the bankruptcy in 2005, yet we still needed a place to stay, and continued to pay the debt, VIA EFT,(AUTO-PAY), for five more years...eventhough it was NOT a reaffirmed debt. 

Then in August, 2010 I had another stroke.  We had reestablished our credit, and I wanted to keep it that way...so we WERE making ADDITIONAL payments.  At that time, we could not afford the "additional payment", so I went online to stop the additional payment, and accidentally stopped the automatic recurring payment.  I had no idea, until I received a call from INVESTIGATOR "NORTON"....who stated that he was working with Fifth Third Bank, and our citys' POLICE DEPARTMENT!  He stated that Fifth Third Bank was demanding a full payoff of the "alleged debt" on the RV, or "we needed to start packing our things, because they were coming to get it".  I tried desperately to explain the mistake...WE WERE NOT EVEN 30 DAYS LATE!...(Technically, we were not "late" at all, since the debt was DISCHARGED in the 2005 bankruptcy)...Nonetheless, the Investigator gave me a number to call and speak with BRADLEY BRUCE from Fifth Third Bank.

I called, and attempted to make payment arrangements with them, but Mr. Bruce would have nothing to do with a "compromise"...even after I explained what had happened, and I offered to catch-up!  He demanded a pay-off amount, that far exceeded what could even be possible.  I demanded a statement of all payments made, and demanded that the statement itemize where each and every cent was allocated.  He hung up on me.

Then the harassing phone calls began...like THUGS!  We spoke with an attorney, and was assured that we did not owe them ANY MONEY, however, they (Fifth Third Bank) had every right to repo the RV, after following proper protocol!....Fifth Third Bank HAS NO IDEA OF PROPER PROTOCOL! 

I called them back, once again.  I told one of their collections thugs that they could have the RV, since it was infested with black mold, from poor manufacturing....but that we just needed time to find another place to live.  They were ruthless about that too, So...I explained the Fair Debt Collections Practices Act of 1963, the Federal Trade and Commerce regulations, and the protocol of the former creditor, post bankruptcy, citing the US Codes, and demanded another STATEMENT OF ACCOUNTABILITY, explaining that BY LAW they are REQUIRED TO STOP COLLECTIONS ACTIVITY AND SEND THE STATEMENT...Did that make a difference?  NO!  These people are liars, thieves, cons, thugs and words I should not write here. 
They began pulling HARD credit inquiries, in the multiples, lowering our credit scores.  Legally, they had NO RIGHT to do that...THEY SHOULD HAVE JUST COME AND GOT THE DAMNED RV!  But NO, they opted to threaten, be abusive and relentless in their demand for MONEY!...Money that we did not OWE them!...Duh, Fifth Third Bank!...CHPT 7 Bankruptcy full discharge, means THE FORMER DEBTOR DOES NOT HAVE TO PAY!  In fact, even though we continued to pay, and they, (Fifth Third Bank) NEVER sent us one single statement during the entire five years, they COULD HAVE come and repossessed the RV at will.
In spite of their predatory terrorist tactics, and progression in hiring HOLLINS LAW FIRM, to represent them to "get their money"...(yeah, right)...we DID find a place to live quite comfortably. 
To top it all off, the law firm asked me to fax them our bankruptcy paperwork!...again...DUH!...LAW FIRMS HAVE READILY AVAILABLE ACCESS to all court cases, since they often use them when defending, or prosecuting and refer to case laws....ie: Morton vs Fifth Third Bank, or U.S. Bankruptcy Supreme Court vs Jack and Jane Doe, on behalf of creditors.  I am not even an attorney, and I know that!  So...is their law firm also corrupt, or just another VICTIM of the illegal, immoral, unjust, scams of Fifth Third Bank?....I believe that Fifth Third Bank just LIED to the law firm, since they (Hollins Law), stated that they had no idea that there was a bankruptcy discharge involved, AND that we WILLINGLY OFFERED TO TURN OVER THE RV to Fifth Third Bank!
Poor Hollins Law Reps HAD NO IDEA!  so...we held on to the RV, WAITING for Fifth Third Bank to come and get it, and they never did!...Unfortunately for them, it is now the property of our county, since it was impounded, because we had no place to park it, in order to ensure it's safety, while waiting for Fifth Third Bank to come and get it. 
I am not sure how all of this will work out, but, the RV IS A BIO-HAZARD...AND Fifth Third Bank IS JUST A HAZARD!  STAY FAR AWAY FROM THESE LIARS, CROOKS AND THIEVES...NOTICE MORE THAN 510 NEGATIVE REPORTS AGAINST THEM....If they are so innocent, why so many credible complaints, and at least five class action law suits against them?

We are not finished with them yet...We had to pay out of our pockets, the impound fee and citation...for an RV that Fifth Third Bank DEMANDED MONEY OR THEY WOULD REPO...BUT THEY JUST SAT IN THEIR OWN s**t!....How is that working out for you, Fifth Third Bank?  I have EVERY RECORDED MESSAGE from your thugs, witnesses, to your illegal tactics and have made very clear notes, regarding the multiple Federal and State laws that you have broken!...Not to mention, the stress that your thugs put me under, caused me to have another stroke!  Hope it all works out...FOR US!  YOU CAN KISS MY ....well...I don't like you enough to let you and your thugs get close enough to me to kiss anything!   You might think that you are a giant tower of power, but, as we all know...towers CAN BE BROUGHT DOWN!  WHERE IS THERE AN ATTORNEY, THAT HAS THE TENACITY TO STOP THESE CRIMINALS?...I, am going to another site and start another class action  law suit against them...anyone want to join me?

This report was posted on Ripoff Report on 02/10/2011 03:38 PM and is a permanent record located here: http://www.ripoffreport.com/reports/fifth-third-bank/cincinnati-ohio-45202/fifth-third-bank-53-bank-fifth-third-bank-turd-unethical-predatory-frauds-liars-sca-693754. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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Updates & Rebuttals

#1 Author of original report

Do your research and speak out against unethical and potentially illegal activities of Fifth Third Bank


First, I would like to say, that we did NOT "shoot ourselves in the foot". To the contrary, it appears that Fifth Third Bancorp and their collection "thugs" may have, though.  
And in response to "I am the Law"... I don't know where you got your "law degree" from, but, you are mistaken.

1.  When a debt is included in Chapt. 7 bankruptcy, (in this case, prior to the Bankruptcy Reform of 2005), and it is a secured debt, AND it is CHARGED OFF/Forgiven by the bankruptcy courts, a person who continues to pay is just as subject to repossession as the person who stops paying, HOWEVER, the bank MAY NOT attempt to collect MONEY on the secured debt.  Here are additional details:
 -- In this case, there were no adversary complaints made by the bank with the bankruptcy courts, and they had sufficient time to re-open the bankruptcy, or file their complaint in a timely manner.
 -- There was NOTHING in WRITING reaffirming the debt, the borrower simply continued to pay, until a mistake was made, then they were literally "attacked" by Fifth Third Banks Collections Dept.
 -- Simply continuing to pay, does NOT automatically reaffirm the debt. This has been confirmed with several attorneys, including the one that the bank attempted to "go after us" with.
 -- By the banks own admission, in writing, the debt was charged off in Chpt 7 Bankruptcy, therefore, the bank may no longer attempt to collect money... THEY MAY ONLY REPOSSESS their collateral.
-- We called the bank and told them to COME AND GET YOUR RV.  They told us that "they did not want the RV, they want MONEY".  Bummer for them, because according to the law, they had no right to demand money, nor attempt to collect monies, since the debt was forgiven in the bankruptcy. We offered for them to pick up the RV, and told them where to get it...We gave them the EXACT ADDRESS to REPOSSESS IT.  THE BANK REFUSED.
-- After two months of waiting for Fifth Third to come and pick up their "collateral", the local sheriff's department impounded the RV, declaring that it was "illegally parked".  
-- We paid the towing fee, and the fine, and explained to the Sheriff that "Investigator Norton", who claimed to work for Fifth Third Bank, AND claimed to have been working with our local authorities, would probably be coming to get the RV out of impound.  
-- Our local authorities NEVER spoke with a rep. from Fifth Third, nor the "alleged Investigator", Mr. Norton.  THEN we find out that "Mr. Norton" is merely a "collector", and nothing more.  
-- We IMMEDIATELY called Fifth Third Bank, and told them that the local authorities had the RV, and they could pick it up from them, because we had already paid the fine, towing and impound fees.  
AGAIN, FIFTH THIRD'S RESPONSE WAS:  "We don't want the RV, we want the money".
-- Two weeks later the RV was scheduled to be sold at a Sheriff's Auction.  Fifth Third was made aware of EVERYTHING.
They had ample time to pick up their RV, Were given multiple notices to do so, and they refused.  It has been SEVEN YEARS SINCE THE BANKRUPTCY, and Fifth Third Bank's "thugs" are still calling on a regular basis...DEMANDING MONEY.  A mistake?...

--LONG STORY SHORT...They have no right to continue to attempt to collect money from us.  By doing so...Well...That is going to be yet ANOTHER update.
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#2 Consumer Comment

It's funny how doing the right thing...

AUTHOR: Eddie zilker - (U.S.A.)

sometimes seems to lead to the wrong outcome.  Here is a very clear case of someone taking responsibility and instead of working with him, to remedy the situation, 5/3rd bank doesn't hesitate to use his good faith against him to repossess the RV.

That's what I call, unethical.
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#3 Consumer Comment

You shot yourself in the foot.

AUTHOR: I am the law - (USA)

Ok, I'm not understanding something here. You went bankrupt and included the RV in the bankruptcy. So, the debt for that was erased, but you continued to pay on it anyway AND you were using it as a home? Um, doesn't that mean that you reaffirmed the debt on it? That's why 5/3 is chasing you. 

Seems like common sense to me.
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