Consumer complaint received 2016-08-22
Company: WELLS FARGO & COMPANY
State: NJ
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
In CFPB Case XXXX ( incorporated by reference herein ) Wells Fargo 's XXXX/XXXX/XXXX response fails to correct and withdraw its erroneous credit history entry alleging I made a late mortgage payment. WF still refuses to acknowledge my alleged late payment was caused by WF 's own conduct when it : 1 ) erroneously ceased my electronic mortgage pay without my knowledge or consent ; 2 ) failed to provide notice of its cessation of my electronic mortgage pay ; 3 ) failed to provide adequate notice of any alleged late payment ; and 4 ) falsely informed me there had been no credit agency report of an alleged late payment. 

In its response WF claims : a ) on XXXX/XXXX/XXXX I was sent a billing statement informing me of the discontinuance of electronic pay ; b ) on XXXX XXXX WF " generated another statement as a late fee was assessed '' due to the delinquency ; c ) WF made " numerous '' calls to discuss the past due amount but did not get a " return call '' until XXXX, XXXX, XXXX ; and d ) I was not informed by WF customer support that they would " adjust the credit reporting. '' WF 's assertions are false and misleading. 

First, the XXXX/XXXX/XXXX statement does not state my direct mortgage pay had been discontinued. Rather this was a standard billing statement WF issues monthly. Since this was my second ( and consecutive ) WF home mortgage over almost ten years I 've received this same formatted monthly statement approximately a hundred times. Thus WF 's inference that it issued a special statement informing me of the cessation of the electronic mortgage pay is shockingly misleading and false. 

Second, the XX/XX/XXXX notice was also the same standard monthly statement received for 10 years and insufficient to provide notice of late payment. Understandably I interpreted the statement as providing the amount of the late charge should I not pay in a timely manner, but because I thought I still had electronic mortgage payment ( as I 'd always had with WF mortgages and for all of my mortgages for decades ) there was absolutely no reason to believe that I 'd failed to make a payment. Thus again I was not put on notice by this document. 

Third, the claim that WF tried to repeatedly call me and I finally " returned '' their call on XXXX/XXXX/XXXX is again false and misleading. The belatedly received ( and attached ) letter to me from WF dated XXXX/XXXX/XXXX shows scores of calls by WF to ( XXXX ) XXXX. THAT NUMBER WAS OUR ARIZONA HOME LAND-LINE UNDER OUR PRIOR WF MORTGAGE. We bought the XXXX house in XX/XX/XXXX and sold it in XX/XX/XXXX. We procured this WF mortgage in XXXX with all calls on our personal cell phones with a XXXX area code. There is no reason for WF to have called this XXXX number in XX/XX/XXXX and then repeat its mistake dozens of times. ( We have no idea why WF called an XXXX number on XX/XX/XXXX ). I did not " return '' WF 's phone calls on XXXX XXXX since they were never received. Rather on XXXX/XXXX/XXXX I received correspondence dated XX/XX/XXXX from WF which for the first time expressly stated I failed to make a payment. On that date I called WF, ensured all payment were timely, and reinstated electronic mortgage pay that I never asked be stopped on the first place. 

Finally, WF 's response that I was never advised that WF would not " adjust '' the credit reporting is again misleading. I never asked WF to " adjust '' credit reporting. I called back after ensuring all payments were current and electronic mortgage pay was recommenced to inquire whether there would be an entry on my credit history. I was told no entry had been made. Curiously, only XXXX WF representatives are mentioned in WF 's response though I had three conversations. Further, it 's taken six months for WF to now make this claim for the first time thereby creating a credibility issue. 

WF refuses to acknowledge and fix its mistake, and has rejected my offer to sign a universal release. I request that it withdraw the erroneous report, and all appropriate relief.

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