Consumer complaint received 2021-05-26
Company: WELLS FARGO & COMPANY
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
Wellsfargo Auto is still attempting to collect an alleged debt that was paid. On XX/XX/XXXX I initiated a consumer credit transaction, meaning I was the Original Creditor and seller. I sold credit to Wellsfargo Auto granting them the right to be a creditor to extend credit back to me. This transaction invoked a finance charge, meaning my credit card was used and they were paid indirectly from my open end credit. 
Wells Fargo Auto mailing me statements with interest and late fees is unauthorized use of my credit card. I received no benefit from my credit card being used and them trying to misled me by sending me statements/bills on an alleged debt that was already paid. Pursuant to 15 USC 1602 ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit.I didnt give WellsFargo Auto authority to use my credit card and send me a bill/statement this is unauthorized use and a violation of this section. 

Pursuant to 15 USC 1602 ( f ) the term credit means THE RIGHT GRANTED by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment. In order to be a creditor or extend credit you must be GRANTED THE RIGHT. They can only be GRANTED THE RIGHT to be a creditor by an Original Creditor. 15 USC 1602 ( g ) the term creditor refers only to a PERSON notice they didnt say corporation ( WellsFargo Auto is a corporation ). 
Because my credit card was used to initiated the credit transaction 18 USC 8 secured the obligation of this alleged debt, as any obligation that arises from the use of a credit card is the obligation of the United States. 

The fact that a FINANCE CHARGE was mentioned or involved means there was NO LOAN and WellsFargo stated they gave me a loan during our phone conversation on XX/XX/XXXX ( this conversation was also transcribed and sent to cfpb ) Which is a lie, if a finance charge was involved and listed on the the alleged contract and statements sent by Wellsfargo Auto, meaning there was NO LOAN, it was a consumer credit transaction. 15 USC 1605 says the FINANCE CHARGE is the SUM ( total ) of all charges. So when I went to the dealership to purchase an automobile the finance charge is the sum of everything, everything allegedly owed in the alleged contract for this car is the sum of all charges if a finance charge is involved because I sold you credit. The FINANCE CHARGE IS all that is owed. Not a late fee, interest, monthly payments or any charge outside of the FINANCE CHARGE. 15 USC 1605 also states it is payable directly or indirectly by the person to whom the credit is extended, ( IT WAS PAID INDIRECTLY BY MY CREDIT CARD ) and imposed directly or indirectly by the creditor ( the creditor is me because I am the seller and the creditor ) as an incident to the extension of credit. Incident meaning the creditor is inseparable to the extension of credit meaning its all included an is the sum of all credit allegedly owed under any alleged contract. 

On XX/XX/XXXX I, XXXX XXXX, a consumer as defined under 15 ISC 1692, an Original Creditor as defined under 15 USC 1601 sent Wellsfargo Auto a CEASE and DESIST pursuant to 15 USC 1692c, An Affidavit of Truth showing how they violated me, Exhibits proving the violations, and a invoice to be compensated for the violations committed against me pursuant to 15 USC 1692k. Wellsfargo Auto defaulted by not rebutting my AFFIDAVIT OF TRUTH with an AFFIDAVIT OF TRUTH. Which is the only way to respond by law, and a unrebutted AFFIDAVIT stands as TRUTH IN LAW, since they refuse to respond to my Affidavit and Silence is Acquiescence. 


They said they will not respond because they think they somehow validated that I owe this alleged debt because they sent an alleged contract and signature. According to 15 USC 1692g validation of a debt does not include contracts or signature. However it does say once the debt or any portion thereof is disputed, the debt collector ( Wellsfargo ) will obtain VERIFICATION of the debt or a JUDGEMENT against the consumer ( Me ) and a copy of that judgement or verification will be mailed to the consumer by the debt collector, pursuant 15 USC 1692g ( 4 ) I have not received VERIFICATION OR JUDGEMENT FROM WELLSFARGO!!! I have requested this several times in my Affidavit to Wellsfargo and my Default and Opportunity to CURE sent to them and they have yet to respond to my REQUEST. 
It also states upon the consumer written request they will provide the name and address of the Original Creditor if different from the current Creditor, pursuant 15 USC 1692g ( 5 ). Ive also asked them in writing to send me the name and address of the ORIGINAL CREDITOR, they stilll have not provided me this information information. Therefore the debt remains unverified and its unvalidated. I the consumer is the only one who can validate a debt, pursuant to 15 USC 1692a ( c ) In the letter received from Wellsfargo XX/XX/XXXX through the cfpb, Wellsfargo mentioned they have included a dispute indicator to my report meaning I have disputed the accuracy of that they are reporting. Accuracy meaning value, meaning is what they reporting of value to or valuable to me. No, Wellsfargo is reporting LATE CHARGES which is invaluable ( not accurate ) to me as late charge is false because the finance charge invoking this credit transaction is the SUM OF ALL CHARGES, therefore it is no late charge. 
Furthermore this is a violation of 15 USC 1681a ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer ( Me ) and the person ( Wellsfargo ) making the report ; iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; I was never given material discloser of MY RIGHT TO OPT OUT and DIRECT THAT SUCH INFORMATION NOT BE REPORTED OR COMMUNICATED AMONST SUCH PERSONS 15 USC 6802 ( a ) states ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution ( WELLSFARGO AUTO ) may not, directly or through any affiliate, disclose to a nonaffiliated third party ( THE CREDIT BUREAUS XXXX, XXXX ETC ) any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. There is no requirement by law that any information. There is no law that requires that anything has to be reported to the credit bureaus. 
I HAVE THE POWER TO OPT PURSUANT 15 USC 6802 ( a ) ( b ) ( 1 ) UNLESS A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 
I WAS NEVER GIVEN OPPORTUNITY BEFORE THE TIME THIS INFORMATION WAS INITIALLY DISCLOSED TO DIRECT THAT IT NOT BE BE DISCLOSED TO SUCH 3rd parties. 

THIS IS A VIOLATION OF THAT SECTION, and my RIGHT AS A CONSUMER TO PRIVACY. 
And I want it REMOVED IMMEDIATELY Upon RECEIPT OF THIS NOTICE!!! 

Congress also states in Title 15 USC 1681a of what is to be EXCLUDED FROM A CONSUMER REPORT B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; SO ANYTHING THAT AROSE FROM MY CREDIT CARD ( Social ) should not be reported. This is involving a consumer credit transaction that arose from my CREDIT CARD and should be excluded from my consumer report. Everything being reported to my consumer report arose from my credit card and I am requesting that WELLSFargo REMOVE IT IMMEDIATELY AS THEY ARE IN VIOLATION OF THIS LAW!!!! 

Wellsfargo also threatened me in their last response on XX/XX/XXXX. They threatened repossession of my property. Which is also a violation and unlawful in which they have no legal right to do so. Pursuant 15 USC 1692d ( 2 ), 15 USC 1692e ( 5 ) and 15 USC 1692f ( b ) ( a ) ( c ). This will also be a violation of my CEASE AND DESIST as they will be attempting to contact me through a medium being the repossession company! The law states that a cease and desist is complete upon receipt If such notice from the consumer is made by mail, and not to contact through ANY ( no restriction ) medium ( mail, email, phone call, 3rd party tow company ) will be in violation of this law pursuant 15 USC 1692c ( c ). 

I ask that the CFPB take proper procedures according to the ombudsman office of the cfpb, in making sure that WELLSFARGO RESPONDS PROPERLY BY LAW and with the right documentation for the validation of debt pursuant to 15 USC 1692g VERIFICATION OF THE ORGINAL CREDITOR THIS TIME and a rebuttal of my AFFIDAVIT OF TRUTH REBUTTING EACH POINT LINE BY LINE or this stands as truth in LAW. Silence is Acquiescence!!!! 
AND THAT THEY REMIT REMEDY FOR VIOLATING ME UNDER FEDERAL LAW. 

Best regards,

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