Consumer complaint received 2017-09-25
Company: WELLS FARGO & COMPANY
State: ID
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Problem with signing the paperwork

Complaint:
I accidentally came upon paperwork from buying a used XXXX XXXX, that the bank ( Wells Fargo Dealer Services ) that I used to finance it through, BACK DATED my loan for a period of approximately 2-6 days, without ever having the car, but PAYING INTEREST ON A NON EXISTENT LOAN. 

I will only be addressing what Wells Fargo Dealer Services did in regards to my loan documents, but I will go over my entire story on how I became aware of the BACK DATING of my automobile loan. The Consumer Financial Protection Bureau oversees how financial institutions handle their business dealings and the XXXX  State Attorney Generals office suggested I might make this agency aware of my situation. 

I have called and spoken with Wells Fargo Dealer Services, Office of the President and I have requested a copy of the " facsimile purchase agreement '', to show the actual fax time and date stamp at the top of the faxed documents. Hopefully, Wells Fargo will not " alter the time & date, since bringing it to their attention ''. Regardless, I have my email & cell towers showing my location to counter any altered state, if it should come to that. Wells Fargo firmly states that their bank WILL NOT back date on ANY loans and they have issued an internal investigation on my loan process and will be in touch with me. I told them my phone call with them was being recorded and they said that they oppose being recorded, but I could do it anyways. 

Had I not had problems with the XXXX dealership that fraudulently put optional " add on 's '' to my loan ( without disclosing it nor having the paperwork that would explain these charges ) and promoting and stating that through the month of XX/XX/XXXX, XXXX was giving away FREE GAP insurance and in the end, I would n't have known about the " discrepancies '' with " back dating '' of my auto loan ( Retail Sales Agreement ). 

My " Retail Sales Agreement '', financed through Wells Fargo Dealer Services shows I signed these documents on XX/XX/XXXX, but I have supporting documentation from my XXXX cellphone records, that one, I was using my HOME WIFI to send my email, but also what TOWERS that I used in order to send the emails. I ca n't, however request them, but they can be subpoenaed through XXXX 's legal department or through my attorney or the XXXX Attorney General/prosecuting attorney ( if it should go that far ) can issue a subpoena. I was just trying to save everyone involved one less hoop to jump through, but because of " band width '' issues, XXXX will only release these records with a subpoena. 

I did verify with a XXXX that there are 4 cell towers between XXXX on XXXX XXXX in XXXX XXXX, XXXX and my residence at XXXX XXXX XXXX, XXXX, XXXX XXXX. XXXX office & car lot did MOVE sometime in XX/XX/XXXX onto their new location off of XXXX XXXX in XXXX XXXX. 

Basically, I was sick on XX/XX/XXXX and I could n't make it into the dealership, however, I sent my car salesman an email on XX/XX/XXXX at XXXX MST, in that I could n't come in. Ironically, that is the exact DATE in which XXXX XXXX XXXX decided to have me BACK DATE my paperwork ( XX/XX/XXXX ). I wondered at the time why XXXX XXXX requested it, but I did n't think much of it at the time. I was still sick, but life goes on, right? I did state in my email that I selected the black XXXX, but I still had to get them to wash off the snow and have XXXX point out any chipped paint, scratches, etc., BACK STORY ; I needed a car and got pre-approved through Wells Fargo for a new automobile. I personally spoke to a Wells Fargo Dearler Services representative up in XXXX, XXXX. I had been sick for the last 5 1/2 years with XXXX and had a XXXX XXXX XXXX  XXXX and subsequently lost my job at XXXX after 15 1/2 years. I knew someone had tampered with my credit, so I put a credit freeze on all 3 credit bureaus. I spoke at length with the lady representative at Wells Fargo Dealer Services regarding some credit issues. In the end, she said she could keep my payments under {$490.00} with a loan budget of around $ XXXX- $ XXXX. 

By the way, I ended up FINALLY being diagnosed last week with XXXX XXXX XXXX and I am scheduled to have XXXX XX/XX/XXXX and they are not sure if the XXXX has spread to my XXXX XXXX. I might be delayed in getting back with you, but rest assured, I will most definitely be here for any further follow-ups and/or comments. 

After looking for approximately 3 months ( being chronically ill, it took me a long time to find the right car ). I had n't gotten approved yet, but I wanted to see what cars were going for ( new vs used ), and I did n't want to get approved until I found the right car. Since my credit has freezes on them, I have to use energy to do a temporary lift. Does n't sound like a lot of energy, but trust me, it 's taken me from the 1st part of XX/XX/XXXX until now to do these complaint forms. 

After looking at a variety of cars & SUV 's, I finally decided to get another XXXX, from the same dealership I used a few years ago at XXXX of XXXX XXXX. My salesman was XXXX XXXX, who back in XX/XX/XXXX moved to XXXX XXXX offices in XXXX XXXX, but was the one I went through to get the right car and stay within my budget. Because I was often sick, XXXX and I did most of our corespondence through email. 

XXXX told myself and my daughter that through the month of XX/XX/XXXX, XXXX was giving all customers that bought a car during the month of XX/XX/XXXX, " FREE GAP INSURANCE ''. I 'm like, that 's pretty good, considering it 's {$750.00}! 

XXXX and I go back and forth via emails, as he was trying to find the right XXXX that fit into my pre-approved amount between $ XXXX- $ XXXX. 

After test driving several vehicles, we then settled on a XX/XX/XXXX, certified XXXX XXXX and I said I 'd take it once he cleaned & removed all the snow, so I could thoroughly see what I was buying. I went down sometime after XX/XX/XXXX, though it was dark out, I had XXXX point out any scratches, dents or marks on the car. I found some and he said they would touch them up with paint. I added to the total car price, " XXXX XXXX '' that they spray on the outside, ventilation system & exterior of the vehicle. Needless to say, they did n't touch up the paint and XXXX " forgot '' to show me the passenger back side panels and to say the least, it looked like the car got into a fight with a litter of tigers. Sooo many scratches, but XXXX said he 'd take care of me, that night he had washed off the car and pointed out all dents, scratches, etc.. I guess, I trusted him and I at least can say XXXX shows consistency in their lies and deceptive business practices. The scratches and chips of paint on the hood remained WITHOUT the touch up 's, plus they applied the XXXX sealant, so any touch up would now adhere to the sealant and NOT the car itself. 

Getting back to the FREE GAP insurance, no where in these verbal face to face nor emails, did XXXX ever tell me that they were going to " decrease the price of my car by {$750.00} '', to offset the " MISSING CREDIT '' of the free GAP INSURANCE gift. I 'm getting ahead of myself, but please come back and reread that part, because I think it is very important. 

I go into the dealership to purchase the vehicle, I think it was XX/XX/XXXX or XX/XX/XXXX, but most DEFINITELY NOT THE DATE ON THE LOAN, XX/XX/XXXX and I have along with me my daughter because this car is really going to be hers in about 1.5 years and after she graduates from college ( then she goes into dental school ), then I would buy myself a brand new XXXX XXXX. My daughter had a vested interest in the XXXX and was very much involved in the entire buying process and is a witness to what was said and done throughout the entire process from selecting, agreeing & purchasing of the XXXX. 

During the signing and purchasing of the car, the sales contract manager, " up sold '' me on " prepaid maintenance '' for an additional charges. As we sat in XXXX XXXX 's office, XXXX XXXX would get on the phone with the lady representative at Wells Fargo Dealer Services in XXXX and asked them if my loan would allow these additional charges. 

XXXX XXXX went through all the paperwork, and I signed all the necessary documents. The first week of XX/XX/XXXX, I actually went over the documents. I just wanted to make sure I got that " free gift '' " CREDIT '' on my purchase agreement. It was n't there. The CHARGE of the " so called " FREE '' Gap Insurance was itemized as a charge, but no offset was recorded for the CREDIT. No credit means, no FREE gift and that means, I 'm now paying ADDITIONAL INTEREST on this FREE GIFT OF {$750.00}. 

While going over my purchase agreement, I noticed another itemized charge with what looked like to be an abbreviation of some sort, called XXXX for {$190.00}. XXXX XXXX did n't go over this charge of {$190.00}, not to me nor my daughter. I went through ALL my paperwork and absolutely NOTHING showed XXXX for {$190.00}. I went through the paperwork for a second time and I finally found something that said " XXXX '', but on a document that had a different NAME/LOGO/emblem across the top of the page, called XXXX XXXX, and beneath the logo and/or emblem it had a series of random numbers ( resembling a credit card number ) and the last batch of numbers, read XXXX. The complete line reads XXXX XXXX XXXX. That 's it. I remember XXXX XXXX going over this particular paperwork. He first went over the GAP insurance and then went right into the coverage if my car should be stolen. He stated, as the circles & X 's on the paperwork indicates exactly what he told me. If my car is stolen, I have a 3 year protection plan guarantee up to {$2500.00}. NEVER, NOT ONCE did he say I was being CHARGED FOR THIS " ADDED INSURANCE PROTECTION ''. I took it as part of the GAP insurance, and XXXX XXXX NEVER ONCE said I was being charged for it. I have attached a copy of the XXXX XXXX and If you look at down towards the bottom, the 2nd to the last paragraph titled, " EXCLUSIONS '', you 'll see a typed number of XXXX. Does n't it appear to resemble that the same " number format '' from the top of the page, with its series of random numbers? It does n't have a $ dollar sign and I 'm like, wait, did they just slip that additional charge? Yep. They sure did. They called it a different name, no paperwork with my signature agrees to PURCHASE this XXXX XXXX XXXX XXXX or XXXX XXXX XXXX. XXXX XXXX made sure the ABBREVIATION on my purchase agreement does NOT match up with any sort of documentation. They have hidden it so well, that it took me days to find it. Mislabeling documents in order to squeeze a couple more hundred dollars. 

I came across yet another piece of paperwork, titled " Vehicle Inspection Checklist ''. It clearly shows that I do not have a certified XXXX windshield. XXXX XXXX manadates that ALL certified used XXXX 's be equipped with certified XXXX parts. It 's also indicated that the intermittent wipers do not work. It took 2 visits to get windshield replaced and the intermittent wipers to this day, do not work. I point this out, only to show an obvious trend in how this business conducts their business. Going back to the XXXX that cost me {$1200.00}, the center of the tri-fold pamphlet that they hand out to their customers, shows that buying this product and allowing them to apply to your windshield, will HELP STOP or REDUCE rock chip damage. Guess what folks, they never applied this coating to my new, certified WINDSHIELD. That cost me money, but they neglected to apply it to my windshield. I had set an appointment for routine maintenance, two weeks inadvance and yet on the day of my appointment, they did n't have my filter in stock. How many weeks do you need to have adequate, simple air & oil filters on hand? It just shows me that there seems to be some money issues with this dealership. 

Back to the purchase agreement. I personally go into see XXXX XXXX XXXX, the general manager that first week of XX/XX/XXXX. Being that it was a " sales tactic '', giving away FREE items with a purchase of a vehicle, it is paramount that these charges & CREDITS are itemized for tax reduction purposes alone. I showed him my purchase agreement and asked him where my " credit for the FREE gap insurance '' was and he simply replied, it 's in the price of the car .... oh. So, this means I actually did n't get the FREE GIFT after all! The price tag on the vehicle ( Buyers Guide ) that both myself & my daughter saw on the vehicle itself, was n't " lowered by {$750.00} '', so how can it be in the price of my car? I think and I know that 's called FRAUDULENT BEHAVIOR & CHARGES. I also did n't get the original nor a copy of the " Buyers Guide '', which by state law, I am entitled to have, again, this just shows their business trend. 

I asked XXXX XXXX XXXX a second question, " what is this XXXX and the charge of {$190.00}? ". He replied, while his hands did a lot of motioning as he stated, " XXXX XXXX MANDATES that every single vehicle on this lot, all the while his hands pointed wildly back and forth towards the sales lot, be EQUIPPED with the newest technology and not one vehicle will leave this lot without it. Eventually I found out that XXXX is a secondary " theft insurance '', and is an OPTION, but not at this car dealership it 's not. Nor is written down as a sales contract with an actual dollar amount listed. This dealership did n't have me sign ANYTHING that stated XXXX  on the paperwork. I am to " ASSUME '' the XXXX XXXX is what he is referring too. 

I go home and I call XXXX XXXX and I asked them why they mandate that I purchase an ADDITIONAL INSURANCE COVERAGE, when I already have much more adequate car insurance ( $ XXXX each occurrence ) plus a XXXX XXXX umbrella policy on top of it. XXXX XXXX stated they did NOT know what I was talking about. They do not know what XXXX nor XXXX XXXX is, and they sure do NOT MANDATE that I buy it. I tried getting XXXX XXXX to put it in writing, but they refused. I looked up their business profile with the Better Business Bureau and they had a D- rating ( at the time I looked it up ). Go figure. 

Today, I looked at my paperwork and noticed that on my purchase agreement, the company that I bought the car from is XXXX XXXX, not XXXX. I called XXXX XXXX today and spoke to their general manager and he told me that indeed XXXX XXXX owns XXXX of XXXX XXXX car dealership. I told him the synopsis of my purchasing agreement discrepancies and he stated, that it is XXXX XXXX policy to NOT to do business with ANYONE if they do n't purchase the XXXX theft insurance policy. He actually said it would be discriminatory to let one customer buy it and not the others.????? Discriminatory??? They actually do n't allow you to say yes or no to this XXXX insurance. They. Just. Charge. You. 

They 're mislabeling the paperwork to further mislead you and they 're NOT TELLING YOU VERBALLY you are being charged it, and the documents speak for themselves. The " agreement '' does n't even state how much it is!!!! They 're simply and randomly typed out XXXX SOMEWHERE on the MISLABELED agreement and called it good. 

No, I do n't think so. I think I 'm gon na call their ENTIRE BUSINESS PRACTICE as this ; shady, bamboozling, counterfeit, crafty, criminal, crooked, deceitful, devious, dishonest, dishonorable, double-dealing, duplicitous, fake, forged ( BACK DATING??? ), mock, phony, pseudo, sham, spurious, swindling, treacherous and tricky. 

Fraud is like prevalent in our every day dealings. Just this week, XXXX  computers were compromised. When will it end? XXXX XXXX & XXXX are just like any other low life, scammers & fraudsters trying to make a quick buck on unsuspecting customers. Shame on them. Shame on XXXX XXXX XXXX who personally looked me in the eye, and lied directly to my face. I personally want to sue XXXX XXXX XXXX and then, the biggest jokester, and the fastest hand this side of the XXXX has ever seen, XXXX XXXX XXXX for fraudulently and knowlying misrepresenting my purchasing agreements with intentional mislabeling signed documents and " knowingly knew I would be paying INTEREST on a car loan that I did not have in my possession ''. 

I wonder how many consumers they ( both XXXX XXXX Wells Fargo Dealership ) have done this too?? 

It might have been 2 to 6 days of interest on a imaginary loan, worth a couple of hundred of dollars ( over the LIFE of the loan ) however, not much individually, but if they did it to me, they could be doing it to hundreds of unsuspecting consumers.

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 non-monetary relief