Consumer complaint received 2023-05-04
Company: WELLS FARGO & COMPANY
State: CA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
I have a personal and business account with XXXX XXXX. 
I make car payments via check to BMW Bank of North America. For 4 1/2 years I have been mailing my car payments to BMW on time and never had any issues. Until XX/XX/2023. 

I mailed check XXXX in the amount of {$600.00} on XX/XX/2023 to BMW Bank of North America and the funds were debited from my account on XX/XX/2023. 

On XX/XX/2023 BMW emailed me a statement stating that I was being charged a late payment and was still due my car payment. I called BMW on XX/XX/XXXX to let them know I had mailed the payment in form of a check and that the check showed debited from my account and to please update their records. BMW requested I forward a copy of front and back of the check. 

I requested the copies from XXXX XXXX and received them via email. I then forwarded the copies to BMW Bank via email that same day. I never received a reply but I did receive a voicemail on XX/XX/XXXX from BMW to please contact them at their customer service number. I did this the same day and was told that BMW is unable to locate the check in their system and therefore I was still owed the payment. I requested to get this in writing but the employee said they are not able to do so. However they would be willing to waive the late payment fee if I was to send in my outstanding payment. 

I then contacted XXXX XXXX to inform them that BMW stated they did not receive the funds and to please investigate who cashed the check and where the funds were sent. I was told the fraud department would be taking on this case and I should get a notification and status update on my online banking message center and vial mail. 

On XX/XX/XXXX I received two letters from the XXXX XXXX XXXX at XXXX XXXX stating XXXX XXXX reviewed my accounts and as a result decided to close my accounts as of XX/XX/2023 and that they will not give any further explanation. 

I did not receive any communication whatsoever regarding the check XXXX and followed up with XXXX XXXX on XX/XX/XXXX. I was told that my claim was closed. I asked what the outcome was and why I did not receive any communication and was told I needed to talk to a claims specialist and that a letter was sent to me on XX/XX/2023. I stated I had not received the letter nor any online communication and to please let me know what the outcome was. The representative named XXXX said she would have to transfer me to a claims specialist. She did exactly that and that woman stated that the claim was now handled by the internal investigation department and I would be updated on the matter. 

On XX/XX/XXXX I called the XXXX XXXX XXXX number for XXXX XXXX to investigate whether the closing of my accounts was related to the check incident and was told they could not answer that question. 

XXXX who I was speaking with, was kind enough to hear my story and offered to assist me in finding out details on my check case. After 30 minutes of waiting time she told me she spoke with someone in the fraud department who told her the check was cashed and the funds were sent to a specific account number, I then asked if she could please name the bank that the account was at and she transferred me to the check fraud department where I spoke with a gentleman named XXXX in the XXXX. He then informed me that he was unable to access any information related the account or routing number of the check. By my requested he transferred me to a " specialist '' who heard my case and transferred me to the small business advocate XXXX. XXXX understood my concerns and promised to help and she patched in another claims specialist. His name was XXXX, he stated that he was not able to give me any information relating to the check incident and advised I should schedule and appointment with the branch manager at my local branch. 

I then received a letter from XXXX XXXX including an affidavit on XX/XX/XXXX - the letter states it was mailed XX/XX/2023. I was asked to have the payee ( BMW Bank of North America ) sign and notarize this document stating they did not commit any fraudulent activity and did not cash the check. I had a total of 20 days to complete the affidavit from the day the letter was issued. 

I immediately called BMW Bank of North America and was asked to please email the documents and the internal legal team was going to review them. I emailed the documents the same day.

BMW Financial Services emailed me on XX/XX/XXXX to please call them regarding this request. I did and was told they are unable to complete the affidavit. I then asked to please send me a letter or email stating that they did not receive the funds and was told they would review the request but it would take a minimum of 15 days for a reply and that it was unlikely they would issue this letter. 

I went to see my branch manager XXXX on XX/XX/XXXX she then referred me to their business specialist in the bank and he sat down with me to review the documents and also try and help. Unfortunately, he stated he could only print the front and copy of the check and file an internal complaint about this. He advised me to go to the police but he also agreed that XXXX XXXX is obligated and should be able to give me the account number and routing number as to where my funds were sent. He said the internal complaint department would contact me and help me but it is now 48 hours later and I have not received anything.

As you can see I have spent a lot of time, effort and energy in resolving the matter but neither XXXX XXXX nor BMW Bank of North America have been of any assistance and I am at a standstill. 

Please help. 

Thank you, XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation