Consumer complaint received 2023-03-30
Company: WELLS FARGO & COMPANY
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Closing an account
Sub-issue: Funds not received from closed account

Complaint:
The following are excerpts from a letter we sent to the bank in an effort to document and try to resolve this matter after a prolonged period of abuse culminating in the misappropriation of over {$100000.00} from two closed accounts : Briefly summarizing the five-year history of Wells Fargos XXXX XXXX these accounts : 1. XXXX XXXX moved out of XXXX XXXX XXXXXXXX XXXX XXXXXXXX, XXXX California XXXX more than five years ago. 
2. At the time we moved out of that address we notified Wells Fargo Bank of our relocation to XXXX XXXX XXXX, XXXX XXXX, XXXX, California XXXX. 
3. Several other businesses with which I am affiliated also relocated at that time and also notified Wells Fargo Bank in the same way. 
4. Although we were assured that the address for XXXX XXXX XXXX would be changed per our instructions it was not. 
5. Over the next five years, XXXX XXXX and I collectively made not less than 50 requests, orally, over, the phone, in person in your branch and other branches and executed any documents required to effect the change, it was never permanently made. It was changed for a very short period and then changed back to the XXXX XXXX address unilaterally by Wells Fargo Bank without instructions from, approval by, or valid notice to our office. When I discovered this improper action, I contacted Wells Fargo and was told that it was changed back per instructions of the Post Office. The bank never produced such instructions. The Post Office never gave such instructions. And I again instructed the bank to follow our directions and change the address to XXXX XXXX XXXX. I was told the bank would do so, but it did not. On numerous occasions, a number of Wells Fargo employees said they would get the address changed. None of them did it. 
6. In the middle of the Covid epidemic Wells Fargo disclosed for the first time that it could not change the address as it could not find certain information in its files. XXXX XXXX and I provided all the missing information to the bank on multiple ( at least six ) occasions. Each time Wells Fargo told us we had provided all that was required. You were the person to whom the documents were most recently delivered. You have confirmed your receipt and processing of the documents. I also have written confirmation of that fact from XXXX XXXX in the banks small business resolutions department. 
7. On numerous occasions I advised Wells Fargo that we vacated the XXXX XXXX address five years ago and any claim of notice sent to that address would be fraudulent as the bank was absolutely made aware that we did not receive mail at that address on many occasions over the last several years. Notwithstanding these facts the bank continued to mail to the XXXX XXXX address, and we did not receive most of that mail. 
8. I was advised earlier this month that Wells Fargo inappropriately sent notice to the wrong address that if we did not get the information required ( FOR A SIXTH TIME! ) to the branch the bank would close the accounts. We immediately delivered the information to the branch, long before the expiration of 30 days from when we received notice. You advised that you had everything and processed it last week. XXXX confirmed that in writing last week. 
9. On Friday XXXX XXXX talked to you and learned that even though the bank had everything and processed it, the bank unilaterally closed both accounts and intentionally mailed cashiers checks to the wrong address ( XXXX XXXX ). 
10. You were immediately advised by XXXX XXXX to stop payment on the check and reissue for us to pick up. You refused. 
11. On Monday, XX/XX/2023, I talked to you multiple times and demanded that you stop payment on the check intentionally sent to an improper address. You represented that you went to your risk management department and that they instructed you not to do so. 
12. You know from previous conversations and again our discussion yesterday that the continuing and constant mishandling of this account and our documents has convinced us that Wells Fargo or some of its employees has embarked upon a pattern of harassment and abuse directed at me due to the fact that I have vociferously objected to the continued mishandling of our accounts. As I have said, I can not believe that Wells Fargo remains in business if it is that inept at such basic matters and logic dictates that absent such grossly incompetent conduct, the actions, which have wasted many XXXX XXXX XXXX  of my time and XXXX XXXX time must, therefore be intentional. 
13. As Wells Fargo controls the payment of the wrongfully sent cashiers checks, there is no legitimate business reason that it can not refuse to pay the checks and stop payment on them. As Wells Fargo drew the checks without our permission, it would appear appropriate for Wells Fargo to correct its error and stop payment on the check ( s ). 
14. The only risk we see to Wells Fargo comes from potential liability for Wells Fargo if it cashes the checks signed by anyone other than me or XXXX XXXX. Refusing to stop payment on the wrongfully prepared and improperly, mailed checks prior to XXXX XXXX, 2023, as you stated the bank would do creates further risk for the bank in that regard. You have stated the bank will not stop payment before that date and then we must come in and sign papers to stop payment on the check ( s ) we did not approve being prepared with the money for our account, prepared by Wells Fargo without notice to us or our approval, and wrongfully and intentionally mailed by Wells Fargo to the wrong address. We reject that position and believe it is further evidence of harassment and abuse. By the bank and/or its employees. 
15. It appears that Wells Fargo or an employee of Wells Fargo is intentionally doing everything possible to ensure that XXXX XXXX XXXX money does not come to XXXX XXXX XXXX. 
16. You are aware that I am XXXX XXXX XXXX, and XXXX XXXX is XXXX. We have advised you and others in your organization that we consider the banks treatment of us to be elder abuse in addition to all the other issues we have with it. 
17. Yesterday you described the situation as a travesty. You told XXXX XXXX earlier that you tried everything to stop the closing of the accounts and issuance and mailing of the check but that you could not do so. We understand your conduct as an acknowledgement that the problem was entirely the fault of Wells Fargo Bank and that the account should not have been closed, the checks should not have been prepared, and that the checks should not have been intentionally mailed to a known incorrect address. 
18. In a telephone conversation today with XXXX XXXX, who identified herself as XXXX As manager in XXXX XXXX XXXX department, she acknowledged that her departments investigation concluded that the branch was negligent. She stated that Wells Fargo acknowledged its negligence in the handling of the situation including mishandling of our documents and the preparation and mailing of the checks. We dispute her finding that the Bank was negligent, but accept the conclusion that this travesty was entirely the banks fault. We understand the banks desire to whitewash its conduct as negligent, but we consider the conduct intentional, harassing, abusive and malicious. It is not possible for us to accept that the bank could have done so many things over such a prolonged period out of negligence. The only logical and rational explanation for the long history of misconduct ( only briefly touched upon in this letter ) and has been at all times willful and intentional misconduct by the bank and/or one or more bank employees, for whose actions the bank remains completely responsible pursuant to the doctrine of respondeat superior. 
19. In conversations with you, XXXX XXXX, and XXXX XXXX, I have demanded the immediate cancellation or stop payment on the check ( s ) wrongfully prepared and allegedly mailed ( intentionally to the wrong address. ) I have also demanded the immediate delivery of the in excess of {$100000.00} misappropriated by the bank. As of this time the bank has failed and refused to honor that demand, notwithstanding its acceptance of fault for the misconduct. 
20. This confirms that I have advised you and XXXX that I intend to contact the federal regulatory authorities and initiate a complaint against Wells Fargo for its customer abuse, elder abuse, harassment, fraud, misappropriation of over {$100000.00} from the two accounts, and the repeated mishandling of its records and the documents we provided to the bank. I have also advised that we are considering the possibility of filing a civil action seeking actual and punitive damages for the banks conduct. I anticipate that in addition to the corporation, XXXX and I personally will be plaintiffs due to the personal abuses we suffered at the hands of Wells Fargo and its employees. While we are perfectly happy to negotiate a settlement of the civil claims against the bank, please note that we will not negotiate to avoid filing of the complaints to the regulatory authorities. 
21. You are now additionally placed on notice that if Wells Fargo negotiates any checks not hand delivered to me or to XXXX XXXX respecting the money misappropriated from the XXXX XXXX XXXX accounts we will hold the bank liable for all losses incurred by the corporation in addition to all other claims against the bank.

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