Consumer complaint received 2021-03-19
Company: WELLS FARGO & COMPANY
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
Wells Fargo Auto has defaulted by failing to respond to my Affidavit of Truth I sent to them on XX/XX/XXXX, as you know the only way to respond to and affidavit is in the form of an affidavit rebutting every fact line by line, notarized under the penalty of perjury. And un-rebutted affidavit stands as truth and fact in law. They failed to do this by responding with a letter which doesnt constitute a proper response under federal law. Which means my Affidavit now stands as truth in law. They also failed to compensate me for the many FDPCA and TILA violations they committed against me that I pointed out in the attached exhibits, in my complaint I filed on XX/XX/XXXX. In this complaint I also notified them that they were attempting to collect a debt now owed, disputed this alleged debt by sending them a Cease and Desist. Which Wells Fargo Auto failed to comply with and was still contacting me through the mails and through different mediums about this alleged debt. This is a direct violation of 15 USC 1692g ( b ) that I attached in exhibit D, which they are still attempting to collect debt from me in the form of late fees and a monthly payment fee. While we were going through a dispute process. Which all collection activities must stop when going through a dispute process. I am demanding Wells Fargo Auto to stop contacting me through any medium and to cease collections activities on the alleged debt during this dispute process or they will be in direct violation of the law, pursuant to 15 USC 1692g ( b ) .Furthermore when a consumer notifies a debt collector in writing disputing any portion thereof of the debt or the consumer request name of the Original Creditor, the debt collector shall cease the collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or copy of a judgement or name and address of they Original Creditor, Pursuant to title 15USC1692g ( 5 ). They failed to do either. Instead, they sent me validation of a loan as you can see in the attached exhibit labeled E. As you know validation and verification are two totally different things. Validation shows who I did business with and who I made a creditor, which I already stated in my last complaint and affidavit. That I entered a consumer credit transaction with them on XX/XX/XXXX, so they further proved my point when sending their letter. This still doesn't prove I have a debt with Wells Fargo Auto or that I am liable to any such debt to them, as they also stated in said letter. I know that my open end credit was the obligor for this so called loan and therefore it was paid already. In there letter of validation they stated that I have a loan with them and that it remains valid, again I do not have a loan with Wells Fargo Auto! I entered a consumer credit transaction with Wells Fargo Auto, in which I was the Original Creditor and seller with Wells Fargo Auto granting them the right to be a creditor and extend me credit. The term " credit '' means THE RIGHT GRANTED by a creditor to a debtor to defer payment of a debt or to incur debt and defer its payment. So in order to be a creditor or to extend credit, you must be GRANTED the right pursuant to 15 USC 1602 ( f ). Again, validation and verification is two different things, and Wells Fargo Auto still did not verify this debt, they did not verify who the " Original Creditor '' is and verify to me where they got the credit from they say they gave me. If Wells Fargo Auto was creditor they would have a " Credit Card '' but they do not ; I do.

Also, Wells Fargo Auto is reporting this transaction that arose from my " credit card '' in which I made them a creditor to extend me credit on my consumer report to the 3 credit bureaus XXXX XXXX  and XXXX. This is a direct violation of my right to privacy and factual information involving a credit transaction to my report containing information solely as to transactions or experiences between the consumer and the person ( Wells Fargo Auto ) making the report that congress said should not be reported.

Pursuant to 15 USC 6802b ( 1 ), A financial institution may not disclose non public personal information to a non affiliated third party ( which are the bureaus, they are non affiliated third parties ) unless -- Pursuant to 15 USC 6802b ( 1 ) a, b, c such financial institution clearly and conspicuously discloses to the consumer, in writing in electronic form or other form permitted by the regulations described under section 6804 of this title, that such information not be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to DIRECT SUCH INFORMATION ; NOT BE DISCLOSED to such third party ; and ( C ) the consumer is given an explanation of how the consumer can EXERCISE THAT NONDISCLOSURE OPTION. 

Wells Fargo Auto never disclosed to me this information or gave me my explanation of how I can exercise my nondisclosure option which is my right by law to not have this reported. As you can see in my attached Exhibits. They also did not delete this transaction from my consumer report which I advised them to do in my cease and desist and they are still reporting this to my consumer reports as you also can see in the attached Exhibit which is a direct violation of my rights as pursuant to this law. I have a right by law to not have this reported, pursuant to said law, they have infringed on my right to privacy and also used my consumer report to coerce payment of the alleged debt which is illegal and a violation. By federal law I have a right to deny anything being reported and they are suppose to give me paperwork letting me know my right to exercise my right at any point, which they have not. The credit bureaus XXXX XXXX  and XXXX are an uninterested third party and have nothing to do with the transaction. Congress enacted laws to show there is no debt and Wells Fargo is attempting to report this to these uninterested third parties to undermine me the consumer and to get an unfair advantage over me by misleading me to believe I have an alleged debt in an attempt to collect a debt. Also, to take my point further under the exclusions section it states any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a " credit card '' or similar device ; which means this consumer credit transaction arose from my " credit card '' ( Social Security card ) which was an extension of credit and the law states that any transaction that arose from my credit card, is to be excluded from my consumer report. So on XX/XX/XXXX when I entered a consumer credit transaction for my automobile ( car ), that was an approval of an extension of credit to myself from my " credit card ''. Again, FEDERAL LAW said this is to be excluded from my consumer reports, Pursuant 1681a ( 2 ) b. So I am asking Wells Fargo Auto to remove this transaction immediately from my report or they will be in violation of federal law.

If you look at Exhibit F that Wells Fargo Auto responded with involves fraud, and is Null and Void. The finance charge ( the dollar amount the credit will cost you ) says {$8000.00}. Any transaction involving a finance charge is the sum of all charges pursuant to 15 USC 1605a and federal law states that insurance is supposed to be included in the finance charge, 15 USC 1605c and as you can in the labeled Exhibits my finance charge didn't include insurance or give me the right to include it. Making this a fraudulent contract. It also states pursuant 15 USC 1605b ( 2 ) they were permitted by law to provide me with a written disclosure of the cost options for insurance, so that I may give written affirmation of my desire to have it included in my finance charge. I was never given this information. They also never gave any material disclosure disclosing I have a right to rescission, Pursuant to 15 USC 1635 of any consumer credit transaction involving a security interest. Exhibit F also shows the amount financed as {$35000.00} which says ( the amount of the credit provided to you or on your behalf ). Who can receive credit on my behalf? Pursuant to 15 USC 1602 ( e ) the term " person '' means a natural person or an organization. This is letting you know that they know the difference between a natural person or an organization. So, again who can receive credit on my behalf or do anything on my behalf with or without my consent? I will tell you the organization also known as my open end credit card, which is why it was paid. My credit card was used to originate this consumer credit transaction. When fraud is involved in connection with a finance charge the person who commits the fraud is liable for double they amount of the finance charge. 
I know that I create creditors pursuant to Title 15 Ch.41.

Again, I am stating I do not owe Wells Fargo for this alleged debt, I entered a consumer credit transaction which I granted Wells Fargo Auto the right to extend credit. Meaning my credit card was used to originate this consumer credit transaction. Making me the original creditor Pursuant to 15 USC 1602g which defines creditor. Which is a person ( natural person or organization ) who both regularly extends credit. And where an open end credit plan was used. My credit card was used making this alleged debt paid. A credit card according to 15 USC 1602i means any card, plate, coupon book, or the devices existing for the purpose of obtaining money, property, labor or services on credit. I used my credit card to obtain property ( this automobile ). This alleged debt was paid and I do not owe Wells Fargo Auto for this alleged debt.

Wells Fargo Auto is in default and has not accurately responded to my Affidavit of Truth, so therefore there letter is invalid and is not a proper response and can not be considered as a response because they must respond in Affidavit form. Pursuant to federal law. I am giving Wells Fargo Auto the opportunity to cure this matter once and for all. 

Thank You.

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