Consumer complaint received 2017-09-22
Company: WELLS FARGO & COMPANY
State: VA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
Facts of the Case : XXXX XXXX rent check XXXX ( XXXX  XXXX XXXX ) for {$9400.00} made to XXXX XXXX was stolen. 
Check was presented at a Wells Fargo ATM on XX/XX/XXXXin XXXX GA but, not honored. 
Multiple phone calls, visits and correspondence failed to restore the money to XXXX XXXX. 
Wells Fargo has the funds. The money has been unavailable to us sinceXX/XX/XXXX XXXX XXXX is out not only the money but the interest and opportunity costs. 
We have spent at least 73 hours discussing, corresponding and following up with the respective entities involved in addition to racking up mileage in pursuit of guidance, signatures and endorsement. 
Consultation with our legal representative XXXX XXXX XXXX XXXX have yet to be billed. 


Chronology : XX/XX/XXXX : Check # XXXX From XXXX XXXX Account ( XXXX ) was written and mailed to : XXXX XXXX in payment for rent {$9400.00} -XX/XX/XXXX : XXXX XXXX notifies XXXX XXXX of failure to pay rent and other charges :. 
-XX/XX/XXXX-XX/XX/XXXX Multiple phone calls and visits to XXXX XXXX XXXX Branch at XXXX XXXX XXXX XXXX , VA multiple people to include the Officer and Financial Center Manager ; XXXX XXXX XXXX 
-XX/XX/XXXX-XX/XX/XXXX : XXXX XXXX President and  owner ; XXXX XXXX is advised by XXXX XXXX to submit another Fraudulent Activity Statement this was presented to the Wells Fargo ( Exception Payments ) as a missing endorsement claim # XXXX Wells Fargo Reference # XXXX : XXXXXX/XX/XXXX Wells Fargo states to XXXX XXXX XXXX : We have completed our research of your claim about check # XXXX for {$9400.00} payable to XXXX XXXX XXXX For the following reasons [ sic ] we are not able to reimburse you : As there is a handwritten endorsement on the item, we require an affidavit signed by the payees authorized representative with their title clearly listed. The affidavit you provided signed by the maker ; the maker can not claim forged endorsement. The unsigned letter has an enclosure copy of the check with an illegible, ( forged ) wet-signed endorsement. 

Check with forged endorsement : XX/XX/XXXX; XXXX XXXX finally receives a written response from XXXX XXXX XXXX letter dated XX/XX/XXXX, Claim Number : XXXX stating : We have completed our research of the fraud claim you recently reported to XXXX  XXXX XXXX. As a result of our research, we have determined that we are unable to honor the claim for the following reason : As there is a hand -written [ sic ] endorsement on the item. We require an affidavit signed by the payee XXXX XXXX authorized representative with their title clearly listed and notarized. This letter again unsigned is over the Sincerely, Check Fraud Claims department. 

-XX/XX/XXXX through XX/XX/XXXX multiple visits and discussions ; phone calls etc. 
-XX/XX/XXXX throughXX/XX/XXXX XXXX XXXX staff pursued and provided the necessary notarized affidavit required by the XXXX XXXX XXXXXXXX Letter dated XX/XX/XXXX -XX/XX/XXXX an affidavit ( clearly ) signed by XXXX XXXX XXXX ; Chief Financial Officer of XXXX XXXX, notarized by XXXX XXXX XXXX XXXX XXXX XXXX commissioned Notary Public is procured by XXXX XXXX and presented to XXXX XXXX XXXXXXXX. ( XXXX  XXXX XXXX XXXX at XXXX XXXX XXXX XXXX, VA Officer and Financial Center Manager ; XXXX XXXX ). 

: ~XX/XX/XXXX XXXX XXXX receives a letter from XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX Florida , XXXX ) stating : This notice confirms that check number XXXX in the amount of {$9400.00}, made payable to XXXX , XXXX posted to ( meaning was withdrawn from ) your above account onXX/XX/XXXX The check was presented to the XXXX XXXX XXXX from a Wells Fargo Bank. We are unable to provide information regarding Wells Fargo customers. A copy of the check is enclosed for your records ~XX/XX/XXXXmultiple calls to XXXX XXXX XXXX and Wells Fargo lead nowhere. Apparently XXXX XXXX must follow up with Wells Fargo ; again. 
~XX/XX/XXXX multiple discussions and phone calls with XXXX XXXX XXXX Wells Fargo Bank Branch Manager XXXX Main Branch XXXX XXXX XXXX, XXXX VA XXXX. Summarizing discussions ; the check was clearly stolen ; it was presented at a Wells Fargo ATM in XXXX Georgia but not honored for lack of a company endorsement when it was clearly made out to a company. Wells Fargo has the check and the money pulled from XXXX XXXX XXXX. XXXX XXXX XXXX stated that if the XXXX XXXX Financial Manager will present in person at the XXXX Wells Fargo branch with proper identification, the money will be released to them ( XXXX, XXXX ). 
Multiple discussions with XXXX, XXXX staff and the financial manager go nowhere ; their business is in the multi-million-dollars and their relationship is with XXXX XXXX. They will not present themselves to collect a check. 
~XX/XX/XXXX-XX/XX/XXXX discussions with XXXX XXXX XXXX go nowhere ; they refer XXXX XXXX back to XXXX XXXXXXXX XXXX and offer ( useless ) customer service number : XXXX. 
XX/XX/XXXX toXX/XX/XXXX present multiple calls to the XXXX XXXX XXXX customer service numbers : XXXX, XXXX, fraud and claim number : XXXX None of the employees can identify a person or an email or fax to which a concern can be expressed. None can identify the names of their respective managers, transfers between departments is a long wait on hold ; often dropping. A particularly egregious yet, emblematic referral was to the corporate security with a phone menu- 1 for emergency or if a crime is being committed now ; 2 for employees and 3 for customers, pressing 3 the  recording states ; security has no access to customer accounts ; goodbye and hangs up. 
XX/XX/XXXXNavigating the impossible phone menu again getting XXXX in Texas who can only reveal that there is a renewed investigation : Claim Number : XXXX the same theXX/XX/XXXX entry claim number XXXX. 

XX/XX/XXXX filed the issues with the Consumer Financial Protection Bureau Complaint Number : XXXX XXXX XX/XX/XXXX Follow Up : XXXX XXXX from XXXX compliance Department ; she advised us to pick up a form from the XXXX XXXX XXXX XXXX at XXXX XXXX XXXX XXXX, VA Officer and Financial Center. Meeting briefly with the Manager ; XXXX XXXX ; astonishingly it is the exact same form filled out in XX/XX/XXXX. Because of this unproductive and unpleasant interaction XXXX advises us to file a police report. 
The XXXX XXXX Police Department Financial Crimes Section Police report filed XXXX XXXX XXXX : Report Filed On : XX/XX/XXXX XXXX XXXX Control Number : XXXX What do I want? 
Restoration of the full amount plus reasonable interest : {$9400.00} X 5 % X 18 Months= {$22000.00} ( A typical credit card is 16-18 % )  Compensation for the time spent pursuing justice : 72 Hours X $ 100= {$7200.00}. 
Total= {$30000.00} to be restored the account. 
Full investigation into the theft by Wells Fargo, the police and if necessary the FBI as this is an interstate banking crime : the check was issued in Virginia and presented via an XXXX Georgia ATM. The suspect MUST have an account to use an ATM. Clearly this would identify the thief or an associate of same. Then prosecution to the fullest extent of the law.

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