Consumer complaint received 2018-03-29
Company: WELLS FARGO & COMPANY
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Occasionally, Wells Fargo has failed to mail us our monthly payment coupon. Previously, this has not created a problem, we simply mailed in the payment to the address listed on the previous coupon. XX/XX/XXXX was not the first time we did not receive a payment coupon. Whether this was done intentionally or inadvertently, I can not say. However, Wells Fargo did not send the coupon certified, so as a consequence, Wells Fargo can not claim with certainty that the coupon was sent or that we received it. 

Nevertheless, without a coupon, we mailed the payment to Wells Fargo, timely, in our own envelope using the US mail. We have done this before without a problem. We did not send it certified, as we did not think we had to. Wells Fargo did not receive it due to ( what we assumed was ) a postal error. 

The envelope came back to us around the XX/XX/XXXX. We had no other indications that Wells Fargo had not received the payment. Consequently, we returned the check to them with the XX/XX/XXXX payment ( and payment coupon which we received for XX/XX/XXXX ), along with a copy of the returned date-stamped envelope explaining why the XX/XX/XXXX payment was arriving late. We also included a separate check for late fees because the problem occurred in error and was not our fault, nor ( we assumed ) the fault of Wells Fargo, however it was no doubt a postal error due to the XX/XX/XXXX busy season. 

We wrote Wells Fargo at the same time requesting that Wells Fargo not file a derogatory rating with the credit agency, since it was a postal error and not a deliberate act by either party. 

Wells Fargo was not willing to cooperate with us, even though we do not have a history of paying late. On XX/XX/XXXX, Wells Fargo wrote a letter stating that they would report a negative rating because our payment had not been received until XX/XX/XXXX. At the same time, in that same letter, Wells Fargo stated : If you dont have a detachable payment coupon from your statement, please note your account number in the memo section of the check. Payments may be mailed to : WELLS FARGO HOME MORTGAGE XXXX XXXX XXXX XXXX XXXX XXXX, Ca XXXX NOT ONLY HAD WE DONE THIS.WE SENT WELLS FARGO A COPY OF THE DATE-STAMPED ENVELOPE TO PROVE IT. 

On XX/XX/XXXX, I called XXXX XXXX directly at ( XXXX ) XXXX, extention XXXX, and spoke with him directly. He took the position that Wells Fargo did not have to extend that courtesy to its customers. I asked to speak with a supervisor and was transferred to XXXX XXXX, who supported the position of Wells Fargo stating that even though we mailed the payment as noted, since they did not receive it, they were under federal regulations to report our late payment. 

I then asked what agency would enforce such ridged regulations and she stated that it was FCRA and the CFPB, which is why I am writing you this complaint now. Because of the negative rating reported to the credit agency, our credit report took a 35 % dive during a time we are preparing to retire and making major purchases to adjust to our new life style. This reporting has seriously hindered us as seniors and is beyond reprehensible. 

If we are to be held to this hard-line tactic of abuse, then Wells Fargo should be held equally accountable for failing to follow the Regulation Z requirements in assuring that consumers have accurate monthly statements.

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