Consumer complaint received 2022-02-06
Company: WELLS FARGO & COMPANY
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
On XX/XX/XXXX XXXX said she received my check, check # XXXX, for {$1000.00} that was dated for XX/XX/XXXX. Note the year of the check ( XXXX ). She mentioned that she tried to deposit the check to her bank and the bank would not allow her to deposit it. 

On XX/XX/XXXX, I asked her to send me back the original check, check # XXXX, and I sent her a replacement check, check # XXXX, for the same amount, {$1000.00}. She never sent me check # XXXX. I had already sent check # XXXX. 

About a month later on XX/XX/XXXX, XXXX deposited the original check, check # XXXX, dated XX/XX/XXXX to Wells Fargo Bank. It cleared. 

On XX/XX/XXXX as soon as I saw this transaction, I immediately called Wells Fargo Bank to do a stop payment on check # XXXX, the replacement check, and Wells Fargo Bank charged me a stop payment fee. 

About 10 months passed and on the morning of XX/XX/XXXX, I saw I had a negative balance on my checking account. XXXX had deposited check # XXXX, the same check I asked Wells Fargo bank to place a stop payment on, on XX/XX/XXXX. Wells Fargo did not place a stop payment on check # XXXX. XXXX lied about the original check # XXXX not being honored by the bank instead she deposited it on XX/XX/XXXX. She is now also in fraudulent possession of check # XXXX. She refused to return the replacement check back to me ( which should have already been stopped by Wells Fargo ) and deposited it 10 months later. And here I am on XX/XX/XXXX with a negative balance in my checking account. At this point, I saw the check is still in progress of being cleared by the bank so I call Wells Fargo Bank to immediately stop payment and I told the person I spoke with the whole story. I also told the person that I did not have sufficient funds to cover the replacement check, check # XXXX, for {$1000.00}. The person did not initiate the stop payment and also told me that I need to put enough funds in the account to cover the {$1000.00}. That morning, I deposited {$800.00} to avoid a negative balance. 

On XX/XX/XXXX, I called Wells Fargo again telling them the story, that check # XXXX is a check that has been fraudulently obtained. To make this even more clear, the section where the check issuer writes what the check is for, I wrote, replace check XXXX on the line. XXXX actually altered the check by crossing the words out. 

I believe Wells Fargo made 3 mistakes : 1 ) Wells Fargo should not have accepted a check dated for XXXX on XX/XX/XXXX. 
2 ) I placed a stop payment on check # XXXX on XX/XX/XXXX. The stop payment was never effective. I also called on XX/XX/XXXX to warn Wells Fargo that check # XXXX was just deposited and fraudulently obtained, however Wells Fargo continued to let the check clear. 
3 ) On XX/XX/XXXX early morning, I did not have sufficient funds to cover check # XXXX. Wells Fargo could have returned check # XXXX and said there were no sufficient funds. I also told Wells Fargo, 10 months ago that check # XXXX should not be honored in any way.

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 monetary relief