Consumer complaint received 2018-07-31
Company: WELLS FARGO & COMPANY
State: TX
Product: Credit card or prepaid card
Sub-product: Store credit card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
My name is XXXX XXXX and I am sending this message on behalf of my mother, XXXX XXXX XXXX. My mother is XXXX years old and lives with me due to health issues. My mother has XXXX XXXX which has impaired her XXXX XXXX to the point that she has not been able to drive for the past year. My mom has recently been a victim of identity theft and credit card fraud which included unauthorized purchases on her XXXX  credit card that is issued and administered by Wells Fargo. I made contact on XX/XX/XXXX to report the fraud and as of today have yet to receive an appropriate resolution. Since Wells Fargo has yet to provide me with any documentation such as an affidavit of fraud and forgery, I feel it is necessary for me to document the occurrences I have experienced over the last month regarding this issue.

On XX/XX/XXXX, XXXX XXXX received a call from XXXX XXXX regarding an attempted charge on her XXXX XXXX card. She informed them that she was at home and was not attempting to make any purchases. At that time the representative notified her that they would cancel her card and deny the transaction. At this time we confirmed that all of her credit cards were in her possession.

On XX/XX/XXXX, XXXX XXXX received a credit card in the mail for a store by the name of XXXX. She immediately showed me the card and stated that she did not even know what store this was. I called the number on the back of the card to report that this card was opened and was not my mother. They informed me that they were closing the card and would send me an affidavit to sign and return stating that this card was not authorized to be opened by her. They also informed us that this card was opened at a store in XXXX and used on the same day for purchases in the amount of {$480.00}.

On XX/XX/XXXX, XXXX XXXX received a credit card in the mail for a store by name of XXXX. Once again she immediately showed me the card and stated that she had not been to an XXXX store and did not open a card. I called the number on the back of the card to report that this card was opened and was not my mother. They inform due that they were closing the card and would send me an affidavit to sign and return stating that this card was not authorized to be opened by her. They also informed us that the card was opened at a store in XXXX  and was used on the same day for purchases in the amount of $ {$490.00}.

Also on XX/XX/XXXX, XXXX XXXX received a credit card statement from XXXX XXXX. This is an active card that she has had for years and has not used it in a very long time. The statement had charges in the amount of $ {$1200.00} ( {$850.00} at a mall in XXXX and {$440.00} at a mall in XXXX   County ).

Based on the events above, we came to the conclusion that we possibly had a bigger problem on our hands. At this time a call was placed to XXXX to place a freeze on her credit so that no other new cards could be opened in her name. The confirmation number is XXXX. They sent notification to the other two credit bureaus. I received notification via mail from XXXX and XXXX acknowledging the freeze. After completing this step, we retrieved XXXX XXXX credit report from XXXX to ensure no other accounts had been opened. Once we determined that there was not any other new accounts, I began to review all of her other accounts online to determine if there was any other unauthorized activity on her other active credit card accounts. Upon that review we identified that a few other accounts had fraud on them : XXXX- {$450.00} on XX/XX/XXXX @ XXXX XXXX XXXX XXXX- {$1100.00} in XXXX  & {$1900.00} in XXXX XXXX on XX/XX/XXXX. An attempted transaction on the XX/XX/XXXX in XXXX  which the purchase that prompted the call to my mom on that day to inquire if she was attempting to make the charge.

XXXX : XX/XX/XXXX- {$690.00}, {$330.00}, {$120.00}, {$880.00} @ XXXX XXXX XX/XX/XXXX- {$960.00} and {$420.00} @ XXXX XXXX XX/XX/XXXX- {$1000.00}, {$300.00} @ XXXX XXXX XXXX   XX/XX/XXXX- {$780.00} @ XXXX XXXX All of the above Merchants were contacted on XX/XX/XXXX. Everyone with the exception of XXXX/Wells Fargo, provided me with a case number followed up by an affidavit of fraud and forgery to complete and return. Along with notifying the impacted merchants, we also took the liberty to contact all other credit card companies that XXXX XXXX had accounts with. We informed them of her current situation and each one of them recommended that her existing card be closed and new one be issued just to be cautious. They also recommended that we go online and set up any alerts that we possibly could in their online system to receive notification of any future purchases. On cards where that was the option, we set alert limits at {$150.00} to be sent via text and email.

In regards to the initial claim filed with XXXX/Wells Fargo, I have been less that satisfied with how this has been handled. After my initial call, I received no affidavit of forgery or request for additional information. The first contact we have had with XXXX  after our verbal claim on XX/XX/XXXX was a letter dated XX/XX/XXXX which stated the following- Our investigation shows that the activity was verified at time of the transaction. Any temporary credit you may have received will be reversed and the amount will be reapplied to your balance. On XX/XX/XXXX, I placed a call to XXXX and spoke with someone by the name of XXXX. In speaking with him he stated that the charge in the amount of {$490.00} on XX/XX/XXXX was proven to be valid and that is why the claim was declined. I informed him that we were not disputing the charge @ XXXX in XXXX  on that date or for that amount as that was a valid charge. It was the other nine charges ( listed above ) that were in dispute. I explained that I was very specific with this information when filing the claim on XX/XX/XXXX. He informed me that the claim was filed wrong and the he would have to submit it for reconsideration. He asked if I had filed a police report and I informed him that I had not. Being that this had never happened to us before, we were not sure of what steps needed to be taken completely. He told me at that time that it might help my claim if I was to file a police report. I agreed and stated that I would take that step as soon as we hung up the phone. I expressed to him at that time that I was very disappointed that we were back at square one due to the first agent filing the claim incorrectly. I also asked him why had I not received an affidavit of fraud or forgery as I did with the other impacted merchants. He never answered the question and explained that he was submitting the claim and someone would in contact. On XX/XX/XXXX, I called to inquire about the status of the claim. Initially I spoke with an agent by the name of XXXX. Somehow were disconnected so I called back and spoke with an agent by the name of XXXX. In speaking with him he stated that he would resubmit the claim and I should hear back within 7-10 days. I questioned if XXXX and done so upon speaking with him on XX/XX/XXXX, why would he need to do the same thing? This made me question whether XXXX had completed what he promised he would do when we spoke. At this time I had filed a police report so I provided XXXX  with that number. After my interaction with XXXX, I hung up but did not feel good about the conversation or how it appeared that XXXX  did not do what he promised. XXXX did not ask for the officers number or the police station that I filed the claim. I called back and spoke with an agent by the name of XXXX. I asked to speak with a manager in which she stated that there was not one on site. I asked if she was in a call center in which she replied yes. I stated that I found it hard to believe that there was not one on site. She changed her statement saying that one was not available. I explained why I needed to speak with one in which she recommended that I contact the Executive Offices. She provided me with that information and we ended our interaction. On XX/XX/XXXX, I received a call from XXXX  with the Executive Offices. I explained the situation to her and after speaking with XXXX XXXX to confirm that I am handling this on her behalf, she listed to complaint further. Once again, I expressed concern that no affidavit of forgery was sent to us allowing us the chance to formally dispute the charges. She did not speak to why this was the case but once again assured that this would be reviewed and that I would hear something within 10 days. For the first time since reporting this issue on XX/XX/XXXX, I received a tracking number # XXXX. XXXX  informed me that the research analyst assigned to this case would be XXXX XXXX. She provided me with her number and her ext in the event that I had any questions/concerns. Most recently, I received a letter dated XX/XX/XXXX stating the following, The fraud department has advised us that your claim has been denied. However, you may have this decision reconsidered. On XX/XX/XXXX, I made contact with XXXX  and she informed me that the case was actually being researched by XXXX XXXX but that she was out of the office. XXXX then took the time to review the file and informed me that she was going to open a new case ( ID XXXX ). She asked me to email and to fax over any statement of supporting information that would support my claim and request for reconsideration. I expressed my frustrations with her and ONCE again questioned why I had not received an affidavit of fraud or forgery to sign. Just like the other agents I have spoken with, she did not address that concern but instead apologized for my experience and assured me that she would try to help. During this conversation she informed me that due to a new case number being assigned, they would need to have my mothers permission to speak to them on her behalf regarding this issue ( regardless of the fact that this had been obtained multiple times since XX/XX/XXXX ) and by the Executive Offices on XX/XX/XXXX. She explained that this was policy and I expressed that I felt this was another attempt of XXXX/Wells Fargo to prolong the investigation and to complicate matter for my mother to find resolution. XXXX XXXX was out of town on XX/XX/XXXX when I spoke with XXXX  and I informed her that she would return on XX/XX/XXXX and we would make the call as soon as she returned. This called was placed and a message was left for XXXX on XX/XX/XXXX @ XXXX XXXX. I would also like to note that when speaking with XXXX on XX/XX/XXXX, I stated that my payment was due on XX/XX/XXXX. I asked if I need to make the minimum payment and I was told no since the account was under review. Due to this, no payment was made. I received my statement for this month and it shows a past due balance due to no payment last month. I will be making the minimum payments this week as I acknowledge the charge of {$490.00} conducted on XX/XX/XXXX @ XXXX  was my mothers. I do request that the late fee be refunded and that it not reflected as late on her credit due to misinformation.

As you can see from the narrative above, a lot of time has been spent regarding this issue ( especially with XXXX/Wells Fargo ). Other merchants/credit cards companies have been very communicative and diligent in the handling of this issue. XXXX  had already concluded their investigation and have sent a letter stating that the matter is closed and resolved. Attached to this email are the following : 1 ) Letters from XXXX   and XXXX showing that contact was made to place a freeze on XXXX XXXX credit.

2 ) Letter from XXXX XXXX regarding the XXXX account that was opened as part of identify fraud. This letter shows that the investigation is closed and there is NO liability.

3 ) Video still image from XXXX  police showing the individual who opened the account at XXXX  in XXXX XXXX name.

4 ) Copy of XXXX XXXX Drivers license.

5 ) Copy of Police report filed with the XXXX PD. It was filed on XX/XX/XXXX with Officer XXXX @ XXXX. Police report number is XXXX. When speaking with Officer XXXX, he stated that he would forward my case to the other precincts on my behalf. Soon after, I did receive a call from XXXX PD- Officer XXXX XXXX . His phone number is XXXX and the case number is XXXX.

As I have stated multiple times, XXXX XXXX is willing to visit any XXXX  or Wells Fargo location to identify herself and to sign any affidavit necessary to resolve this matter. If she is familiar with who the individual is after reviewing pictures/video, she is more than willing to provide information and to prosecute. This claim has been denied twice ( once due to the first claim being filed incorrectly ) and is now under review for a third time under a new case number. I am asking that any documentation that can be obtained via video or otherwise, be used along with the information that I have provided to clear this case. If this case is to be declined a third time I am requesting the following : Contact number to the highest representative in the Executive Office.

Details of any efforts made along with and specific information obtained from the transaction to reach an unfavorable conclusion ( including any footage obtained from store ).

Documentation on what is protocol within your organization once someone reports fraud ( what is required of the customer and how is this communicated ).

Attorney name and address to forward any legal correspondence to.

Name and contact of individual at Wells and XXXX  to forward all media inquires to.

I appreciate your assistance in helping to resolve this issue as quickly as possible. If there are any additional questions or request for documentation- please feel free to contact XXXX XXXX at XXXX or myself at 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 monetary relief