Consumer complaint received 2019-08-02
Company: WELLS FARGO & COMPANY
State: VA
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Two weeks ago ( XX/XX/2019 ), I attended a court date regarding a credit card debt to Wells Fargo bank. The amount was just under {$8300.00} plus an additional fee of {$800.00} for their attorneys ' fees. I did not dispute the debt or attorneys ' fees. I am unfortunately involved in a divorce, and my ex is currently unemployed. We share a XXXX XXXX XXXX son, and over the last several months, I have had to pick and choose what bills to pay. I took on additional summer work to get my car paid off ( which I did ) and my mortgage caught up ( which I did ), so I could work towards paying other debt off. I am working with a debt counseling agency. I agreed in court that I owed said amount and the incurred attorneys ' fees, as I am just now in a financial place to make monthly payments. I did not realize that if I did not set up payment within two weeks, Wells Fargo would empty my checking account to the tune of {$2700.00}. I woke up today to a zero balance email and checked my account to find a negative {$250.00} balance listed. I reached out to Wells Fargo all the way up to their escalation services. The person with whom I spoke could not have been more hateful and negative. Her tone was accusatory, rude, and flat out mean. I was told I hadn't been proactive and would not be getting any money back. I explained my situation and that I was perfectly happy to set up payments. I did not realize I wouldn't receive something regarding payment in the mail and that I had to contact the law firm directly. Their legal representative at the court hearing specifically told me payments could be set up and that money wouldn't just be garnished from my checking account. I will own that mistake in not contacting them sooner. But two weeks is hardly enough time. I can not pay my mortgage, buy gas, or my son 's school supplies now that my account is negative. I am grateful that I had just bought groceries before they emptied my account. The representative told me that someone in Wells Fargo 's Escalation Dept. could review my case and make a determination on refunding me some or all of the offset amount. I asked to speak to her supervisor or a manager. She refused. I was told to call back around XXXX XXXX Central Time to inquire about the refund decision. I then called the law firm and was told until the debit that WF took cleared on their end, they could not assist me in setting up a payment plan and to call back next week. I even visited the local WF branch in XXXX XXXX XXXX, VA and was told by Mr. XXXX XXXX that this happens all the time. He encouraged me to file the FTC complaint ( and gave me the information on a card ). While he couldn't assist me on his end, he was the only person in this process who was kind or sympathetic to me at all. I returned the call to WF at XXXX XXXX CT. I was informed that I " had not been proactive '' and that they would not be returning any of the {$2700.00} offset amount. I was told to set up a payment plan or they'd continue draining my bank account until the amount was paid off. I had to argue tooth and nail with the customer service representative to allow me to speak directly to someone in Escalation. She kept talking over me and telling me that wasn't necessary because of my own inaction. I finally had to flat out ask her if she was ( yes or no ) denying me the ability to speak directly to someone in Escalation. She said she would transfer me if I really wanted her to but that there was no point and that they might not even agree to speak to me because the decision had been made. She was blatantly hostile. I insisted, and she transferred me. The Escalation representative then told me that WF does not do offset reimbursements, full or partial and that I would not be getting one ; it was not a possibility. Why even tell me my case was being reviewed and have me call back for an answer if this is true? So either the first representative lied, or the escalation representative did so. TWO WEEKS. They did this within TWO WEEKS of my court date. There should be a rule requiring them to allow 30 days to set up payment after an court order. I didn't deny the debt. I didn't try to get out of paying it. I am willing to pay it on a reasonable schedule, even by auto debit. I have a loan with WF that I have consistently paid since opening it. I just got into a terrible financial situation in the fall out of my marriage and had to pick and choose what to pay when for awhile to keep a roof over our heads. I had just gotten into a place where I could get back on track with payment and get myself into better shape financially. How can Wells Fargo treat a 20-year customer like this? I was all but told it's not their problem if my son doesn't eat ; they plan to collect their {$8300.00}. Their business practices are unconscionable and should be criminal. As soon as my account is paid up, I am moving my business from them and never using their services again.

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