Consumer complaint received 2022-10-24
Company: WELLS FARGO & COMPANY
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
Affidavit of Fact- Violation of Fiduciary Responsibility and Fraud against Consumer/Creditor Ref : Account # XXXX Pursuant to 15 USC 1692 ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt. 
Pursuant to UCC 3-305 ( A ) ( 1 ) ( iii ) Consumer has the right to refuse to pay on a Bill/Instrument if Fraud exists.

Pursuant to Georgia Code Title 13-5-5 - Fraud renders contracts voidable at the election of the injured party. 

**** POINT OF FACT *** THIS NOTICE WAS PREVIOUSLY SENT ON XX/XX/XXXX AND WAS IGNORED AND MY RIGHTS AS A CONSUMER CONTINUED TO BE VIOLATED AND I HAVE BEEN EXTORTED SING XX/XX/XXXX FOR MONIES NOT OWED AND I WILL BE ASSESSING DAMAGES FOR THAT AS WELL AS XXXX OF XXXX XXXX FAILURE TO RESPOND TO ANY COMMUNICATION OR COMPLY WITH ANY REQUEST SINCE XX/XX/XXXX. I AM DECLARING FRAUD IN FACTUM AND BREACH OF AGREEMENT IN THAT WELLS FARGO ACTED AS A MONEY CHANGER NOT A LENDER CHARGING ME 100 PERCENT FOR THE TRANSACTION PLUS INTEREST, KNOWING THAT IT WAS FULLY PAID FOR BY MY SIGNATURE.. THEFT BY DECEPTION Wells fargo and XXXX of XXXX XXXX violated Truth and Lending by not disclosing my right to rescind this contract, they also violated 15 usc 1692 by telling me i had to pay a down payment of {$500.00} when I did not, that in itself renders this contract void, i asserted my right as a consumer in the Consumer Credit Transaction which they turned into a retail installment agreement without explaining it, Futhermore in order for a contract to be valid there must have wet ink signature by all parties and Wells Fargo nor any of its agents were present at the signing of my contract therefore and signatures made by them were out of my presence and therefore a violation which also voids this contract as i have never met nor made any agreement with wells fargo or its agents. per the right of recession they had 20 day to return funds instead they sent generic responses and copies of the contract which were not what was asked for, all communication required a wet ink signature from n person of Authority under penalty of perjury and they failed to comply multiple times and continue to extort money when by law they were aware the debt was fully paid by my wet ink signature which they used to access my trust and pull funds, they have since been sending presentments under the guise of bills when in fact they are not : I have done both 1099A and 1099C for this debt as well as a promissory note for the full balance which they kept which under law indicates discharge Time line of events : 1 ) Original Violations docs & Payment Coupon sent XX/XX/XXXX to Wells Fargo Auto XXXX # XXXX rec 'd XX/XX/XXXX Payment coupon NOT returned 2 ) Response received - XX/XX/XXXX via email 3 ) Right of Rescission docs/Affidavit of Truth/ Exhibit A-D sent to XXXX XXXXCC : CFPB/FTC/ATTORNEY GENERAL/XXXX on XX/XX/XXXX, rec 'd XX/XX/XXXX 4 ) Email copies sent to Wells Fargo XX/XX/XXXX 5 ) Rebuttal/Denial from Wells Fargo XX/XX/XXXX XXXX ) Final Demand : Documentation of Fraud XX/XX/XXXX XXXXAfter notices XXXX of XXXX XXXX Failed to respond and failed to Comply and Wells Fargo continued to violate and Extort monies in error. XXXX 7 ) 1099A/1099C Filed XX/XX/XXXX both were accepted at IRS IN XXXXXXXX XXXX XXXXXXXX but ignored by WELLS FARGO 8 ) Copies of 1099 documents along with Affidavit were sent on XX/XX/XXXX were ignored by WELLS FARGO 9 ) PROMISSORY NOTE IN THE AMOUNT OF {$14000.00} WAS SENT ON XX/XX/XXXX AND WAS RECEIVED UNDER POSTAL RULE WITH AFFIDAVIT WAS NOT RETURNED WIHICH INDCATES ACCEPTANCE/DEBT DISCHARGE AND WELLS FARGO CONTIUED TO EXTORT MONEY. 
10 ) NOTICE OF BILLING ERROR SENT XX/XX/XXXX WITH CEASE AND DESIST NOTICE 11 ) DEBT VALIDATION LETTER SENT XX/XX/XXXX XXXX ) AFFIDAVIT OF TRUTH AND NOTICE OF FRAUD RE-SENT XX/XX/XXXX 13 ) AFFIDAVIT OF ALL DEBTS ARE PREPAID SENT 14 ) COPIES OF ALL PREVIOUS NOTICES SENT 15 ) NEW INVOICE FOR DAMAGES 16 ) COL COLOR OF LAW DOCUMENT FOR VIOLATIONS SENT XX/XX/XXXX XXXX ) Cease and Desist Notice sent XX/XX/XXXX cert # XXXX XXXX ) wells fargo violated cease and desist and sent email and threatening letter on XX/XX/XXXX XXXX ) wells fargo violated cease and desist and reported late payment to credit reporting agencies while cease and desist was in place also added late fees on XX/XX/XXXX

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