Consumer complaint received 2023-02-11
Company: WELLS FARGO & COMPANY
State: MD
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:
This complaint is related to Consumer Financial Protection Bureau Case # XXXX The complaint is against a Wells Fargo Bank XXXX Wells ) that cashed an altered check, resulting in an unauthorized withdrawal from our joint account # XXXX at XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX. A thief stole and washed a {$30.00} check my wife had signed; changed the name and amount payable to {$8000.00} ; deposited it to an account at Wells ; and withdrew the money. 
Legally, the check was not properly payable ; was altered ( rather than forged ) ; and Wells was the depository bank ( rather than the paying bank ). Therefore, Wells, not XXXX, is responsible for repayment. XXXX XXXX XXXX XXXX 12 CFR Part 229 ; Rules and Regulations, Federal Register, XXXX, XX/XX/XXXX. ) XXXX FILED A CLAIM FOR RESTUTUTION AGAINST WELLS ON XX/XX/XXXX, XXXX YEAR AND XXXX  DAYS AGO. WELLS HAS UNREASONABLY DELAYED PAYMENT. I AM PETITIONING CFPB TO COMPEL WELLS TO REPAY {$8000.00} BY XX/XX/XXXX. 

Here are the details : XX/XX/XXXX. Money is withdrawn from our account. I notify XXXX XXXX, XXXX XXXX XXXX Police ( Case XXXX ), and XXXX. XXXX XXXX XXXX ( XXXX XXXX ). 

XX/XX/XXXX I sign an Affidavit of Forgery or Alteration at XXXX. 

XX/XX/XXXX XXXX says it has received my dispute claim, is working with other XXXX institution, and the process might take 90 days or more. My Dispute is # XXXX XXXX XXXX XXXX. 

XX/XX/XXXX After XXXX days, I call the XXXX XXXX and ask about progress. The Manager says there has been no action by Wells. I urge her to expedite the case. 

XX/XX/XXXX I ask the Manager for the mailing address of the XXXX Fraud Department. She says it is not available, but I can contact Customer Service. I email Customer Service a memo for the Fraud Department, asking if XXXX has a system to detect fraudulent checks and if they consider this check properly payable. There is no reply from the XXXX Fraud Department. 

XX/XX/XXXX XXXX days after XX/XX/XXXX, I call Customer Service XXXX and ask about progress on my case. They say there is still no word from Wells. I ask for the name of the Case Manager at the Fraud Department. They say her name is XXXX XXXX no last name ). XXXX apologizes for the lack of contact, is contacting Wells now, and will get back to me. 

XX/XX/XXXX No word from XXXX. I call Customer Service, who calls XXXX, who says that Wells is working on cases from XX/XX/XXXX. As my affidavit was submitted in XX/XX/XXXX, I think Wells will process my case soon. 

XX/XX/XXXX I meet with the Branch Manager to ask about progress. There is no further word from Wells. Later she calls back to say that Wells is working on cases from XXXX, XXXX but THE AFFIDAVIT I SIGNED IS INVALID : MY WIFE SHOULD HAVE SIGNED IT, as she signed the original check. XXXX never informed me about this. My wife immediately signs the form and XXXX re-submits it. I am concerned this miscue will send my case back to end of the line at Wells. XXXX MONTHS AND 21 DAYS HAVE ELAPSED SINCE XXXX SENT THE CASE TO WELLS in XX/XX/XXXX. 

XX/XX/XXXX XXXX email the Branch Manager, asking her to contact XXXX to ask Wells about progress. XXXX says the XXXX FRAUD DEPARTMENT HAS NOT RECEIVED A RESPONSE TO HER PREVIOUS INQUIRY AND THERES NO USE SENDING ANOTHER REQUEST. 

XX/XX/XXXX I meet an attorney and say I plan to file a complaint with CFPB against Wells. He says the complaint should be against XXXX : They allowed the money to be withdrawn without due diligence. 

XX/XX/XXXX I file a complaint against XXXX with CFPB. 

XX/XX/XXXX I receive a reply from CFPB assigning my case # XXXX and saying that a copy of the complaint has been sent to XXXX. 

XX/XX/XXXX I receive an email from CFPB saying The company has responded that it is still working on your issue. 

XX/XX/XXXX I receive letter from XXXX responding to the CFPB complaint. 

XX/XX/XXXX I reply to the XXXX letter. 

XXXX XXXX I do research to learn which of two banks, XXXX or Wells, is legally responsible for restitution. I conclude that Wells is.

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