Consumer complaint received 2016-03-30
Company: WELLS FARGO & COMPANY
State: MT
Product: Student loan
Sub-product: Non-federal student loan
Issue: Dealing with my lender or servicer
Sub-issue: Trouble with how payments are handled

Complaint:
Dear CFPB, This complaint is regarding a former and resolved complaint, case # XXXX, regarding Wells Fargo account # XXXX. A brief history of the original complaint is necessary to set forth this complaint : I received private undergraduate student loans through Wells Fargo. After, I consolidated my loans. When the loans were consolidated, I was a nave XXXX year old, and, as most loan contracts or loan consolidation contracts are, this one was gigantic and complicated. Since having gone to law school, I now understand I would have no qualm about arguing the contract is defective for any number of reasons, e.g., adhesion, unconscionable, etc. Upon arriving at law school, I asked that Wells Fargo defer my loans. To this point, I had no idea the consolidation preempted my ability to consolidate in the future. However, I was informed that it had. The payments were over {$280.00} per month. The payments crushed me through school to the point that at the end of every semester I was unable to make this payment, or other payments. At the end of every semester I would call, and ask that the loans be put into forbearance. Every time Wells Fargo responded the loans could not be put into forbearance during school and that I would be charged late fees. 

After nearly three years of XXXX school, and on the day after XXXX of XXXX, I called Wells Fargo to tell them I would not be able to make another payment, and they could call and leave as many messages as they wanted ( that a customer service rep wanted to talk about my account ), but I still would not be able to pay. Again, I asked for forbearance. Then, I drafted my first complaint to CFPB. Within days, Wells Fargo 's " policy had changed, '' and my loan was magically put into forbearance. If the policy did in fact change the day after CFPB notified Wells Fargo of my complaint, then I have no problem. This is doubtful. There are only two options. The first : Wells Fargo did not want to deal with my complaint, paid me {$56.00} for XXXX late fee, and put the loan into forbearance. That is good and well, except in that first scenario Wells Fargo lied in its letter about the forbearance. Second : At some point the Wells Fargo policy did actually change, my loan could have gone into forbearance, and every single time I called they missed it. I believe either scenario is deceptive. Please let me know if your agency can aid in this matter. 

If not, misleading statements that violate state law, XXXX. XXXX XXXX. XXXX, are not preempted by the Comptroller 's jurisdiction. See XXXX XXXX Wells Fargo Bank , NA, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ). Because I believe either scenario to be misleading, I would be willing to explore filing a state action should your agency not be able to help in the matter for whatever reason.

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