Consumer complaint received 2017-08-20
Company: WELLS FARGO & COMPANY
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
XX/XX/XXXX Pastor ********* and Mrs. *********** ( deceased ) ************** ************** ( XXXX ) XXXX ************** Email : XXXX Wells Fargo Bank XXXX XXXX Branch Branch # XXXX XXXX XXXX XXXX XXXX.
XXXX, FL XXXX ( XXXX ) XXXX Bank Employees we interacted with : XXXX XXXX, Co-Branch Manager XXXX XXXX Co-Branch Manager XXXX XXXX, Personal Banker Various Tellers Accounts Involved ******** and *********** Joint account # *********0 ********** Way to Save account # *********0 To whom it may concern : I am reaching out for assistance with a banking matter at Wells Fargo Bank in XXXX, FL. The banks location and other pertinent information are listed above. Wells Fargo has been in the news and under a microscope for some time due to fraudulent banking practices. I never thought these types of improper practices would impact my grieving family. After experiencing the cavalier business as usual attitude of each bank employee, it is no stretch to say that other families are being affected by the exact same fraudulent practices. In summary, Wells Fargo Bank is currently removing money from my fathers account and depositing funds into an account that was created under my recently deceased mothers name. These funds come directly from my fathers monthly pension check that is direct deposited in their joint account each month. My father never authorized Wells Fargo to attach a way to save savings account to the joint account he shared with my mother. Even though they are fully aware of this problem Wells Fargo is attempting to force us to go to probate court to file for funds that they have taken from my father. XXXX XXXX Branch employees were informed months ago of my mothers death but they continue to allow funds to be removed from my fathers account. This letter will provide names of bank employees and detail events that we have encountered thus far.
My family has utilized Wells Fargo banking services since the days they were known as Wachovia Bank. I was very disappointed when we encountered the sloppy service the XXXX XXXX Branch provided. After asking a few questions I became wary of the employees at the bank when they attempted to answer our questions minus any documentation. They provided abstract verbal responses to our specific questions. Occasionally they would tell us to wait while they spoke to someone by phone. When they relayed the information they retrieved by phone there was never any specific individual that was named as a source. They operated as though the words uttered from their lips were commandments.
My mother Mrs.*********** passed away XX/XX/XXXX after a three-year battle with XXXX XXXX XXXX XXXX XXXX. After laying her to rest, we immediately began to handle all business associated with the loss of a loved one. Each of the other banks my parents had accounts and relationships with presented no static when my father visited them to close accounts and move funds. However, Wells Fargo was difficult from the start even though my entire family frequents the XXXX XXXX Branch. A bank statement arrived at my parents home from Wells Fargo Bank. The bank account was in my mothers name and had over {$400.00} in it at the time. My parents have been happily married for XXXX years. Everything my mother ( a former XXXX XXXX XXXX ) possessed has been rendered to my father ( XXXX XXXX XXXX ). He visited the local branch to obtain these funds. After showing the death certificate to the teller and the bank manager they collectively refused to release the funds. The bank manager told me by phone that we would have to go through probate court to obtain the funds at a later date.
Having helped countless families prepare funeral arrangements, my father asked the acting funeral home ( based out of XXXX XXXX, Arkansas ) handling my mothers services to submit a requisition and acquire the funds to pay my mothers funeral expenses. This practice is the norm in countless states. The funeral home that handled my mothers funeral services sent a requisition to the bank to pay off a portion of her expenses and Wells Fargo denied the transfer. Since the grieving process was fresh and very intense, my father, sister and I decided to revisit the matter when things were a little better.
On XX/XX/XXXX at XXXX my father and I visited the Wells Fargo XXXX XXXX Branch and spoke with XXXX XXXX XXXX . He knew who we were from previous interaction and said his boss and co-branch manager XXXX XXXX XXXX was aware of our situation as well. Once more we asked how we could obtain the funds from the account. XXXX  told us he knew the answer to our question but wanted to contact the legal department by phone for verification. We waited a few minutes while he spoke to the legal department by phone in our presence. He greeted a lady by the name of XXXX and said her name aloud. While on the call XXXX failed to thoroughly articulate ever factor that we shared with him before the call. For example, we had to politely interrupt him and prompt him to ask why the funeral home requisition was denied. When the call was done he told us in order to obtain the money, Florida state laws require us to go to probate court or obtain a small estate document. My father and I expressed that court fees alone would deplete the meager funds that were left in the account. I asked XXXX the name of the person he spoke with on the phone. Somehow he immediately forgot and said he didnt remember her name. XXXX said she was a paralegal in the legal department. XXXX apologized and said there wasnt anything more he could do. XXXX let us leave the branch without reviewing and explaining how a way to save account works. XXXX  never detected that the funds were still being taken from my father. XXXX failed to provide documentation of Wells Fargo policies and procedures that supported his refusal to release the funds to my father or the funeral home. XXXX also failed to identify and articulate the specific law ( he consistently advertised ) that prohibits Wells Fargo from releasing the funds to my father or the funeral home. XXXX service was just not good at all for such an important matter.
On XX/XX/XXXXI examined the current bank statement and immediately made a few calls to friends and made a surprising discovery. The way to save account in my mothers name was directly linked to my parents joint bank account. Every time my father uses his debit card on the joint account Wells Fargo takes money from this joint account and places it into the way to save account. The statement also showed that the way to save account is on the hook to have monetary penalties kick in when certain account criteria are not met every month. These criteria are out of our control because my mother is no longer with us. Wells Fargo XXXX XXXX employees were fully aware that my mother was deceased yet the account was allowed to continue to collect. My father never signed any authorization for Wells Fargo to attach this way to save account to their joint account. He never signed documentation that gives Wells Fargo the right to move money from the joint account and place it in the way to save account. In fact, he had no idea what a way to save account was. My mother rarely used a card and operated solely with cash. When she passed we found her debit card that still had the sticker with directions on how to activate it still attached to the front. My father balanced all of their checkbooks and paid all of the bills. He gave my mother cash as needed. Furthermore my mom was sick for 3 years and was not well enough to shop and swipe a card to deposit funds into the account. A look back at records and the debit card used will show my dad is responsible for each dollar placed in that account unbeknownst to him. No changes can be legally made to a joint bank account unless all parties are present, informed, and agree with a signature. I am not surprised to find out that Wells Fargo is still creating and operating with fraudulent bank accounts.
In light of these new circumstances I contacted Wells Fargo and XXXX XXXX  answered the phone. I told XXXX that I wanted to call the branch and speak to a manager and give Wells Fargo the chance to make things right. I explained my findings as the result of personal research. I requested a copy of the policies, procedures, and laws that prohibited Wells Fargo from releasing the funds to my father or the funeral home. I also requested a letter in writing that outlined why the bank would not release the funds. He said he would get to the bottom of the situation and call me back. XXXX called back an hour or so later and left a voicemail that I have saved. XXXX said I could go to the Florida website and find the law. He told me he would not give us any policies and procedures because they belong in house at Wells Fargo. XXXX told me I could call the legal department and speak to them.
Since Wells Fargo has not been forthcoming and refuses to produce information in writing I have no choice but to utilize this forum to request important information. These items are numbered below.
1 ) I am requesting all paperwork showing my mother and fathers signature approving the creation and all actions associated with the way to save account and their joint account.
2 ) I am requesting a copy of all Wells Fargo policies and procedures that are applicable to my familys current situation that prohibit the funds from being released to my father or the funeral home in light of the facts provided.
3 ) I am requesting a list of all laws that are applicable to my familys current situation that prohibits the funds from being released to my father or the funeral home in light of the facts provided.
4 ) I am requesting all statements produced for the entire life of the way to save account.
5 ) I am requesting all statements generated for my parents joint account from the birth of the way to save account until the present.
6 ) I am requesting all dates and times of each withdrawal from acct **** ( joint account ) and the corresponding debit card used to trigger the unauthorized automatic money transfers to the way to save account.
I have shared our Wells Fargo story with multiple entities this week and they are all in shock that this could happen. To actively take a XXXX XXXX pension money and place it in an account you failed to shut down knowing his wife is deceased is fraudulent. Wells Fargo is actively profiting from my fathers hard earned money. The longer Wells Fargo holds the funds they collect interest. The longer they extend this process they continue to add to the account by taking money from my fathers account. The longer the account is illegally in limbo the more susceptible the account is to incur penalties that Wells Fargo will not hesitate to collect and profit from. How many families is Wells Fargo currently impacting with this illegal process? I do not doubt that Wells Fargo is increasing its profit margin from this type of covert scam.
My family is requesting that Wells Fargo release the funds from the way to save account directly to my father immediately. We are also requesting that Wells Fargo provide the information we have asked for in the 6 aforementioned requests.
Sincerely, Mr.*********** Mr.*********** Ms.**********

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