Consumer complaint received 2018-05-17
Company: WELLS FARGO & COMPANY
State: GA
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Problem caused by your funds being low
Sub-issue: Non-sufficient funds and associated fees

Complaint:
Dear sir or madame, This letter is being provided to establish that we, XXXX XXXX XXXX XXXX are lodging a formal complaint against Wells Fargo Bank due to a XX/XX/XXXX Federal and State refund ( ACH deposit ) being deposited in error into a Wells Fargo Account. 
On XX/XX/XXXX a State Refund was sent to our third party bank, XXXX XXXX aka XXXX  XXXX XXXX, by the Georgia Department of Revenue. The amount of deposit was for {$480.00}. On XX/XX/XXXX another deposit was sent to the same third party bank by the IRS in the amount of {$1400.00} which as well deposited into the same Wells Fargo account. 
Soon after our taxpayer contacted our office checking on the status of his refunds and this is when we discovered that his funds were directed to the wrong taxpayers account ( whom held an account with Wells Fargo Bank ). 
Several attempts were made to rectify the problem. We first contacted our third party bank, XXXX XXXX. XXXX   XXXX then sent over a Letter of Indemnification on XX/XX/XXXX to Wells Fargo requesting that the funds be sent back to their bank. They made Wells Fargo aware that they had been sent to the account in question in error. Wells Fargo established that they received the deposit on both dates. Wells Fargo also replied back on the same date, XX/XX/XXXX unable to process request due to non-sufficient funds. Additionally we were made aware that the account holders account was over drawn prior to the deposits that had been made on XX/XX/XXXX and XX/XX/XXXX. 
On XX/XX/XXXX we called back to the Wells Fargo bank again to ask them to please release the funds back to our third party bank being as though the money did not belong to that account older and again we were told that they would not be releasing the funds and to plead our case to our bank, XXXX XXXX and or XXXX ( XXXX XXXX XXXX XXXX XXXX ). 
As a result we contacted XXXX and spoke to XXXX XXXX in the XXXX Rules Department. XXXX XXXX was made aware of the situation. At that time she agreed that ethically this should be corrected by Wells Fargo and then requested to speak to our Bank XXXX XXXX. We put XXXX, a XXXX XXXX XXXX in touch with XXXX XXXX. XXXX XXXX did in turn agree to provide XXXX with a direct contact at Wells Fargo to discuss resolution. XXXX did advise our office that she would let us know when she was able to speak to that direct contact, however to date ; we have not gotten a response back. 
On XX/XX/XXXX we were advised by the OCC ( Office of the Comptroller of the Currency ) that we should file a complaint through the Consumer Financial Protection Bureau in hopes of some resolution. We spoke to XXXX at the office of the CFPB. XXXX advised that by sending the following information we would help establish proof of the deposit made to Wells Fargo bank in error. 
We are uploading the following information for review : ID of the taxpayer whose refund was sent in error to the Wells Fargo account Copy of Form XXXX submitted to the IRS showing on the 2nd page the exact amount of taxpayers Federal Refund ( {$1400.00} ) Copy of Form XXXX submitted to the Georgia Department of Revenue showing the exact amount of his State Refund ( {$480.00} ) Disbursement Letter from XXXX XXXX listing taxpayer name, amount of 2 deposits sent to Wells Fargo via ACH in error I hope this helps us to get to a resolution in a speedy manner. The taxpayer has been without his refund now since XX/XX/XXXX. Upon your request we can provide additional details needed regarding account numbers and names of account holders. Due to your request we will not include account information in this letter. Please advise of any and all additional information needed by our office. 
In conclusion, we were also advised to list point of contacts ( that would allow for them to discuss this case with one of your representatives and they are as follows : Contact Name & Position Contact Ph # Contact Email XXXX XXXX/ Owner XXXX XXXX XXXX XXXX XXXX XXXX XXXX/ Tax Rep for XXXX XXXX XXXX XXXX XXXX XXXX XXXX/ Taxpayer with XXXX XXXX XXXX XXXX XXXX/ XXXX XXXX / XXXX XXXX XXXX  Rep XXXX XXXX XXXX XXXX/ XXXX Rep XXXX XXXX Thank you in advance for your attention in this matter. Your speedy response is also greatly appreciated. 

Best regards, XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX Cell : XXXX Email : 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