Consumer complaint received 2020-01-27
Company: WELLS FARGO & COMPANY
State: GA
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Trouble during payment process

Complaint:
URGENT!!! YOUR BILLING IS WRONG!!! 

Despite my prior complaints, correspondence and your responses and despite having a reasonable amountof time to research the matter, you ( Wells Fargo, N.A. ) continue to carry forwarda principal balance that is at least {$20000.00} more than the actual amount owed. As a result, you are continuing to calculate interest due based upon incorrect balance and billing for the wrong principal and the wrong interest. 

This is a violationof the FDCPA, entitling me to statutory or consequential damages. You have violated that statute 15 U.S.C. 1692 et seq. and are continuing to violate the statute by continuingto bill in error on this account. There are at least 8 such violations that have occurred thus far entitling me to receive {$8000.00} in statutorydamages regardless of whetheror not I have sustainedactual damages, for which demand is made herewith. 

I further demand that you correct your billing immediately or I will demand further statutorydamages ( {$1000.00} per occurrence ) for further violations, and that you correct any negative credit reporting you have issued as a result of your error. 

Defendants maintain that plaintiff lacks standing to pursue this claim because it is undisputed that plaintiff never paidanyattorneys ' fees to either UC S or NAN, as the underlying lawsuit initiated by UC S was settled with different counsel. Accordingly, defendants argue that plaintiff did not suffer any identifiable injury.TheFDCPAprovides for liability for attempting to collect an unlawful debt, however, and permits the recovery of statutorydamagesup to {$1000.00} in the absence of actualdamages. Thus, courts have held that actualdamagesare not required for standing under theFDCPA.See, e.g., Keele v. Wexler,149 F.3d 589, 594 ( 7th Cir. 1998 ) ( " [ T ] he plaintiff who admittedly owes a legitimate debt has standing to sue if the Act is violated by an unprincipled debt collector. " ) ; Baker v. G.C. Servs. Corp.,677 F.2d 775, 777 ( 9th Cir. 1982 ) ( same ) ; cf. Gambardella v. G. Fox Co.,716 F.2d 104, 108n. 4 ( 2d Cir. 1983 ) ( noting that " [ i ] t is well settled... that proof of actual deception ordamagesis unnecessary to a recovery of statutorydamages '' under the Truth in Lending Act ). Accordingly, we join those courts and hold thatthe fact that plaintiff did not ever pay any attorneys ' fees to NAN does not necessarily suggest that he was not injured for purposes of hisFDCPAclaim, if he can show that UC Sattemptedto collect money in violation of theFDCPA. ( e.s. ) Miller v. Wolpoff Abramson, L.L.P., 321 F.3d 292, 307 ( 2d Cir. 2003 ) Attached are exhibits showing that the amount demanded by you do not take into account a reduction in the debt. 

Also attached : -your latest bill to us spurring this complaint -my last letter with unanswered questions and concerns regarding your XX/XX/2019 letter. 
-your XX/XX/2019 letter

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