Consumer complaint received 2016-09-02
Company: WELLS FARGO & COMPANY
State: PA
Product: Debt collection
Sub-product: Mortgage
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I have a RECURRING ISSUE with Wells Fargo Bank NA attempting to collect on a debt that is not owed. I would like to add into the record the relevant facts as it pertains to this matter. A foreclosure action commenced in the XXXX County Court of Common Pleas XXXX by Wells Fargo Bank Na against XXXX and XXXX XXXX where summary judgement was granted. There was a subsequent appeal in this matter to the Superior Court of Pennsylvania who has jurisdiction in this matter. Superior Court of Pennsylvania Docket Number XXXX which was ended by XXXX XXXX XXXX, XXXX - ID # XXXX who sent a letter Monday, XXXX XXXX, XXXX to XXXX XXXX XXXX, Prothonotary Superior Court of Pennsylvania, QUOTE : " On behalf of my client " Wells Fargo Bank , National Association, Successor in Interest to Wachovia '', I have sent a Praecipe to VACATE THE JUDGEMENT to the trial court ... ... I respectfully submit that the appeal in the Superior Court is now moot. ". The " Judgement was discontinued and ended without prejudice '' references in " Exhibit # XXXX '' was never entered into the record because XXXX County Court of Common Pleas had no jurisdiction in this matter and it was under appeal. It is explained in following letter by XXXX XXXX XXXX. This letter, " Exhibit # XXXX '', was in response to XXXX XXXX filing a complaint with XXXX XXXX XXXX, Phothonotary, noting the inconsistencies that XXXX XXXX XXXX XXXX presented to XXXX XXXX and requesting to have them corrected. On Thursday, XXXX XXXX, XXXX, XXXX XXXX XXXX, sent a letter to XXXX XXXX XXXX, Phothonotary, Superior Court QUOTE : " A Praecipe to Vacate Judgement was sent to the XXXX XXXX with a " Dismiss and End '' ... ... '' my staff was informed that the trial court could not dismiss any case currently on appeal. I therefore filed a new XXXX seeking only withdrawal of the judgment. ". 
XXXX XXXX, responded to a collection letter on XXXX XXXX, XXXX and told the representative that this matter had been adjudicated at the Superior Court of Pennsylvania and that XXXX XXXX XXXX, XXXX on behalf of Wells Fargo to vacated the judgement as per the letter. Exhibit # XXXX, ( XXXX plus years prior ). He was informed that Wells Fargo records did not indicate that and this was a valid debt still owed. Wells Fargo Bank NA refuses to acknowledge that this debt was fully adjudicated in the XXXX XXXX of Pennsylvania and had ended in Wells Fargo Vacating / Withdrawing the awarded judgement and is clearly misrepresentation of the legal status of this alleged debt. Attached in exhibits # XXXX, # XXXX are the Pennsylvania Statues that govern these matters. They are in clear violation of 15 USC 1692e 807. : False or misleading representations ( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt. Any alleged debt or obligation owed by XXXX and XXXX XXXX was rendered null and void by XXXX XXXX XXXX, XXXX with the Praecipe to " VACATE THE JUDGEMENT '' as per the letter to XXXX XXXX XXXX, on XXXX XXXX, XXXX and the " Praecipe to withdraw the Judgement '' file on XXXX XXXX, XXXX. Any debt owed was extinguished by Wells Fargo own actions taken in the Appeal XXXX. Wells Fargo Bank NA was supplied with all of the attached documents and refuses to acknowledge the adjudicate outcome in this matter and continues collection efforts with no legal standing to do so 15 USC 1692e 808. Unfair practices : A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law ( Pennsylvania Code ).

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