Consumer complaint received 2023-10-03
Company: WELLS FARGO & COMPANY
State: GA
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
On XX/XX/XXXX I submitted a credit application to purchase a used XXXX XXXX XXXX. Upon completion of the paperwork, the application converted into a security ( 12 CFR 204.104 ) that my intent was for it to be used for an advancement of the required funds from the XXXX XXXX XXXX, and to be used to set off the balance due. This XXXX was filed with the Georgia XXXX XXXXXXXX XXXX ( Exhibit 1 ). 

On XX/XX/XXXX and XX/XX/XXXX, Wells Fargo was served with tender of payment ( XXXX XXXX ) and instructions ( XXXX XXXX ( XXXX ) ) to use the advancement of Federal Reserve Notes for set off of the account. Wells Fargo failed to follow the instructions received by me via USPS mail.com ( Exhibit 2 ). 

In a letter dated XX/XX/XXXX Wells Fargo supplied me a a copy of the credit application ( show its knowledge there was no loan ) and a copy of a XXXX security that is electronically signed and that has additional language in the body of the XXXX XXXX. it is also different from the one on file with the XXXX XXXX XXXX XXXX Georgia. ( Exhibit 3 ). that converted my consumer transaction into a loan. 

XX/XX/XXXX- Wells Fargo sent XXXX XXXX XXXX to repossess my XXXX from my home. A cease-and-desist letter was sent to stop all collection activities because they were attempting to collect on a forged retail installment sales contract. This letter was served on agent ( XXXX XXXX XXXX XXXX and its Principal ( Wells Fargo ). 

Wells Fargo continued with its harassment, threats, and abusive practices by attempting to extort a XXXX payment from me utilizing the fraudulent XXXX XXXX that was included in Exhibit 3, XX/XX/XXXX letter ( Exhibit 4 ).. 

On XX/XX/XXXX - Wells Fargo, using the Fraudulent XXXX XXXX as justification seized my vehicle from the XXXX XXXX in XXXX, Georgia by and through its repossession agent XXXX XXXX. 

I filed a complaint with the CFPB ( XXXX ) on XX/XX/XXXX, for the actions of Wells Fargo and its unlawful repossession. On XX/XX/XXXX Wells Fargo responded through the CFPB with the following statement " As for the personal property claim, until the vehicle has been paid in full, Wells Fargo is the official lien holder. '' Wells Fargo failed to address the XXXX XXXX in its response. ( Exhibit 5 ). 

In a letter dated XX/XX/XXXX Wells Fargo admitted it had possession of my Tahoe while continued to attempt to extort money from me stating I would have to pay them to " redeem '' the right to my XXXX Tahoe or it would be sold around XX/XX/XXXX. ( Exhibit XXXX ) On XX/XX/XXXX I instituted a lawsuit against Wells Fargo under the FDCPA where they claimed they were collecting on their own debt. Wells Fargo maintained throughout the litigation that it held a security interest and was acting as a creditor and not a debt collector. 

In XXXX of XXXX, Wells Fargo sent me a check for overpayment because I fulfilled the obligation ( payment was tendered in XX/XX/XXXX ). ( Exhibit 7 ) I asked Wells Fargo 's attorney when my vehicle would be returned, and she stated it was transferred back to XXXX XXXX XXXX. ( Exhibit 8 ). 

Based on information that they finally credited my XXXX payment ; I filed a request of documents from Georgia XXXX XXXX XXXXXXXX XXXX XXXX Records show that Wells Fargo released its security XXXX on the original XXXX on XX/XX/XXXX. ( Exhibit XXXX ). 

Wells Fargo, under the XXXX XXXX had a good faith duty to perform, and failed to return my vehicle upon release of security interest days after it ordered it to be seized. Wells Fargo continued to act in bad faith maintaining it had a security interest and my claims that it did not were false and frivolous. 

From XX/XX/XXXX, until this complaint - Wells Fargo has injured the consumer and acted against the Fair Debt Collection Practices Act and the Fair Credit Reporting Act as they are reporting this account closed and charged off which is contradictory to its payoff letter and refund check. 

Wells Fargo has engaged in a pattern of this behavior which has been documented by the CFPB ( see XXXX ) and continued this patter to harm this consumer in the following ways : 1. Created a fraudulent security ( XXXX XXXX ) stealing Consumers Identity - 2. Using fraudulent XXXX XXXX to ignore initial payment and attempt to extort the consumer 3. Conspiring with XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX to deprive consumer of his property and possessory rights to his XXXX XXXX. 
XXXX. Converting my property right and right of possession of the XXXX XXXX. Misrepresenting in a Federal Court that it had lawful security interest in vehicle subsequent to releasing its interest on XX/XX/XXXX. 
XXXX. Intentionally and willfully violating the law by re-assigning a title and vehicle it had no lawful right to control back to XXXX XXXX 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