Consumer complaint received 2022-12-20
Company: WELLS FARGO & COMPANY
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
To Whom It May Concern : I have been fighting with Wells Fargo on a court order issued in XXXX on a car that i was ordered not to pay on. Wells Fargo keeps putting this on my credit report and ruined my perfect credit. Here are the series of events. 

On XX/XX/XXXX, I divorced XXXX XXXX. In the divorce, XXXX was granted the XXXX XXXX that is financed by Wells Fargo Auto ( attached is the decree ). Since XXXX left me on XX/XX/XXXX, he was fired and has worked off and on. 

On XX/XX/XXXX, I sent a certified letter ( attached ) to Wells Fargo stating that there was a court order that specifically orders me not to pay on the XXXX and it was granted to him. Wells Fargo called me twice a day for weeks about the car that XXXX refuses to pay. They refuse to honor the court order taking me off the loan and not to pay destroying my credit which has been great for 25 years. 

On XX/XX/XXXX the Texas Department of Motor Vehicles told me to file a Vehicle Transfer to transfer liability to XXXX since he was not paying on the car, getting parking tickets in my name, and to protect me from any civil or criminal liability ( attached ). 

By this time XXXX had not paid for the months of XXXX, XXXX, or XX/XX/XXXX. On XX/XX/XXXX, XXXX stated he spoke to Wells Fargo and squared away the late payments. He did not mention that he deferred the payments. Wells Fargo would not let me voluntarily turn in the vehicle without Kevins approval, so I sent another letter/email instructing that I do not grant permission to let XXXX defer any more payments. 

XXXX XX/XX/XXXX XXXX texted me and said that someone had side swiped the driver 's side of the XXXX the night before. I again contacted Wells Fargo where a representative told me that Wells Fargo does not put insurance on vehicles if insurance is not kept on the vehicle. Shortly thereafter, I received a call from my old XXXX XXXX XXXX stating that XXXX had wrecked a loaner vehicle while the XXXX was in the XXXX shop in XXXX and they wanted to talk to him about the wreck. Since that policy was canceled on the day of our divorce, I was confused why they were calling. They confirmed the policy was canceled and indicated that XXXX and or XXXX was trying to make a claim. I called my attorney to see if I was able to pay for the XXXX and go get it and was told absolutely not and that the divorce decree was a legal document only giving him ownership now of the car EVEN THOUGH HE REFUSED TO TAKE ME OFF THE TITLE. 

In XXXX, XXXX finally got the XXXX back after the dealer had it for months. The dealer let him leave the dealership with no insurance on the vehicle. 

On XX/XX/XXXX a XXXX representative ( XXXX ) XXXX ext XXXX, reference number XXXX ) contacted me stating the XXXX had wrecked the XXXX again and wanted to talk to him. I gave them XXXX 's number and called XXXX myself right after. 

On XX/XX/XXXX XXXX indicated that on XX/XX/XXXX he was turning left into a XXXX 's parking lot and was T-boned in XXXX. He also stated at that time that the XXXX was impounded for not having insurance and he was issued a ticket for failure to yield. Attached with this letter is a picture he sent me of the XXXX XXXX. 

On XX/XX/XXXX, I received a certified letter ( attached in this packet ) from the XXXX XXXX Police Department Impound stating the XXXX was in impound. I called the impound and they said because of the divorce decree I was not allowed access to the vehicle and I could not pick it up. XXXX would have to show the decree to get it out. 

By Texas state law I have no rights to the vehicle per my attorney and the XXXX XXXX XXXX Department per my divorce decree. In addition, I also have the Texas Vehicle Transfer Notification Confirmation stating I am " protected from any liability for criminal and civil acts involving the vehicle and the purchaser ''. 

Wells Fargo is in violation of law by sending a letter of demand for payment on a vehicle that I do not own per my divorce decree and by the Texas Vehicle Transfer Vehicle Form. For your convenience, I have included the Texas Administrative Code ( state law ) that directs and releases me of liability on the XXXX XXXX. 

I should not see any more correspondence on this matter and my credit report should not be affected. If I any more correspondence or see negative marks on my credit report because Wells Fargo is ignoring a Texas Court Order and/or is ignoring the Texas Administrative Code I will go back to my attorney to resolve this matter. 

Here is the Website to the State Law : TRANSPORTATION CODE CHAPTER 501. CERTIFICATE OF TITLE ACT TRANSPORTATION CODE TITLE 7. VEHICLES AND TRAFFIC SUBTITLE A. CERTIFICATES OF TITLE AND REGISTRATION OF VEHICLES CHAPTER 501. CERTIFICATE OF TITLE ACT SUBCHAPTER A. GENERAL PROVISIONS Sec. 501.001. SHORT TITLE. This chapter may be cited as the Certificate of Title Act.

Acts 1995, 74th Leg., ch . 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 501.147. VEHICLE TRANSFER NOTIFICATION. ( a ) On receipt of a written notice of transfer from the seller of a motor vehicle, the department shall indicate the transfer on the motor vehicle records maintained by the department. As an alternative to a written notice of transfer, the department shall establish procedures that permit the seller of a motor vehicle to electronically submit a notice of transfer to the department through the department 's Internet website. A notice of transfer provided through the department 's Internet website is not required to bear the signature of the seller or include the date of signing. 

( b ) The notice of transfer shall be provided by the department and must include a place for the seller to state : ( 1 ) a complete description of the vehicle as prescribed by the department ; ( 2 ) the full name and address of the seller ; ( 3 ) the full name and address of the purchaser ; ( 4 ) the date the seller delivered possession of the vehicle to the purchaser; ( 5 ) the signature of the seller; and ( 6 ) the date the seller signed the form.

( c ) This subsection applies only if the department receives notice under Subsection ( a ) before the 30th day after the date the seller delivered possession of the vehicle to the purchaser or in accordance with Section 152.069, Tax Code. After the date of the transfer of the vehicle shown on the records of the department, the purchaser of the vehicle shown on the records is rebuttably presumed to be : ( 1 ) the owner of the vehicle; and ( 2 ) subject to civil and criminal liability arising out of the use, operation, or abandonment of the vehicle, to the extent that ownership of the vehicle subjects the owner of the vehicle to criminal or civil liability under another provision of law.

( d ) The department may adopt rules to implement this section.

( e ) This section does not impose or establish civil or criminal liability on the owner of a motor vehicle who transfers ownership of the vehicle but does not disclose the transfer to the department.

( f ) The department may not issue a title or register the vehicle until the purchaser applies for a title to the county assessor-collector as provided by this chapter.

( g ) A transferor who files the appropriate form with the department as provided by, and in accordance with, this section, whether that form is a part of a title or a form otherwise promulgated by the department to comply with the terms of this section, has no vicarious civil or criminal liability arising out of the use, operation, or abandonment of the vehicle by another person. Proof by the transferor that the transferor filed a form under this section is a complete defense to an action brought against the transferor for an act or omission, civil or criminal, arising out of the use, operation, or abandonment of the vehicle by another person after the transferor filed the form. A copy of the form filed under this section is proof of the filing of the form.

Transferred, redesignated and amended from Transportation Code, Section 520.023 by Acts 2011, 82nd Leg., R.S. , Ch. 1296 ( H.B. 2357 ), Sec. 61, eff. January 1, 2012.

82 ( R ) HB 2357 - Enrolled version - Bill Text Thank you, XXXX 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 non-monetary relief