Consumer complaint received 2019-05-23
Company: WELLS FARGO & COMPANY
State: PA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Banking errors

Complaint:
On XX/XX/XXXX, I deposited a personal check for {$70.00} via mobile deposit that my mother gave me. This deposit was successfully posted to my account on XX/XX/XXXX. On XX/XX/XXXX, I received an alert about my Wells Fargo checking account, that it was debited {$70.00} for duplicate mobile deposit. Immediately I checked my statements to see if somehow this check from 4 months ago had been posted twice, and it was not. It was only posted once. I called on XX/XX/XXXX and was told that the debit was still pending, so I called again on XX/XX/XXXX. They told me that they would open a case, and they couldn't tell me how this happened if I was not the recipient of the duplicate deposit. I was told that this case would take two weeks to complete. On XX/XX/XXXX, I received a letter in resolution to the case stating that Wells Fargo was correct in this adjustment. They stated that " Our records show that the check # XXXX was used for your mobile deposit confirmation # __ made on XX/XX/XXXX and posted accordingly. In addition, the same check # XXXX was also deposited into another customer 's account on XX/XX/XXXX. '' My check that has MY name on it was somehow taken by someone else ( which is highly unlikely because I do NOT throw out my checks without ripping them ), and Wells Fargo took my money and handed it over to this person, and thought there was nothing wrong with what they did. I called and I spoke to XXXX. He agreed that this wasn't right and reopened the case on XX/XX/XXXX. I called again to see if anything had been done the next day, and was told no, but that they would escalate the claim to their Executive Online Office. I spoke to XXXX, and she tried to tell me that because the physical check takes precedence over a mobile deposit, they did not honor my deposit. No one seems to understand the problem is that someone who is not me and whose name did not match the name on the check was able to cash it and Wells Fargo knowingly gave them my money. I was told that someone would call me in 1-3 business days. I never received a call. In fact, I called on XX/XX/XXXX, and was told that the claim was not filed in my name, but my mother 's, even though I was the one who had been calling. My account is a joint account, but I never mentioned my mother 's name. Between XXXX, I spoke to at least 3-4 people, who told me the same scripted response as the letter before saying " we'll open ANOTHER claim. '' On XX/XX/XXXX, I was told that this check was cashed at XXXX. XXXX does not cash personal checks as per their website, and they require a valid ID. The XXXX employee would immediately see that the pay to the order of name did not match the ID. Wells could not even tell me what state this supposed XXXX was cashed in. I spoke to XXXX in the executive department on XX/XX/XXXX and she said that she would investigate and call me on XX/XX/XXXX. She called on XX/XX/XXXX and told me that this was not Wells Fargo 's problem, there's nothing they can do, it's my fault that I didn't destroy the check. I explained that this was check fraud and that Wells Fargo needs to give me my money back because it is clear as day that I was not the one who deposited the check on XX/XX/XXXX. She just insisted that I take it up with the issuing bank, my mother 's bank, XXXX XXXX. That same day, I called back as I noticed that there were two photocopies of the check that they had sent me. One was blank on the endorsement side, presumably the one I had deposited, and the second check was stamped by " Wells Fargo Bank XXXX XXXX '' on XX/XX/XXXX. This indicated to me that Wells Fargo was the one to deposit the check or at least was sent this check to  review. I immediately called them and spoke to the Online Banking department supervisor XXXX. She told me that she would order a copy of the same check I was looking at so that she could take a look. I even read off the numbers on the stamp to her. She called me back 2 hours later to say that she had not yet received anything but that she would call me first thing in the morning. She did not call me back on XX/XX/XXXX, and has yet to call me on XX/XX/XXXX. 

My mother and I went to her bank as per XXXX 's instruction. The banker at XXXX showed that the check was only cleared from my mother once, so on their end, there's nothing they can do, and WELLS FARGO IS THE ONE WHO MUST FIX IT! The banker was expressed our exact sentiment that this whole situation is fishy and Wells Fargo should have never taken the money from me and given it to this XXXX XXXX. I went into my local Wells Fargo branch and the banker also agreed that this didn't make sense. She could not do anything differently than I did and had to contact the same Online Banking department. On XX/XX/XXXX I called back to see how long this case would take again. It has almost been a month and I have not been refunded, and I refuse to wait another two weeks. I asked the rep to escalate my case. I was transferred to the Consumer Case Management Department. I then spoke to XXXX, who looked at the notes and told me that there was nothing different than what they told me on XX/XX/XXXX. We both found that very odd and he reopened the case and added in that they take better notes. He found the whole situation as confusing as I did and did not understand why they haven't given me my money back since I was not the one that cashed the check. I was told I would receive a call in 1-3 business days. On XX/XX/XXXX, I received that call. I told the banker that I wanted this investigated by Wells Fargo as fraud. He transferred me once again to the Online Banking Department.This banker told me that since I had filed three claims already in pursuit of my money back, I was out of luck and there's nothing they could do. I asked him for the person 's name who took my check, and he told me he can't give that out. I asked him what state this " XXXX '' was in, and he couldn't tell me. I was furious that Wells Fargo refuse to take responsibility. It's been a month and somehow they can't figure out that this is fraud!!!! The banker told me all I could do was file a police report. You don't need the police to give me my money back, you have the information of who did this in front of you for God 's  sake! They said that they transferred it to another CUSTOMER 'S account, meaning that this person is a customer of Wells Fargo. Wells Fargo stamped this check. Wells Fargo is responsible and I am sure that one of their workers did this fraud and that everyone 's covering up for them.

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