Consumer complaint received 2015-06-11
Company: WELLS FARGO & COMPANY
State: CO
Product: Debt collection
Sub-product: Mortgage
Issue: Taking/threatening an illegal action
Sub-issue: Seized/Attempted to seize property

Complaint:
The FAIR DEBT COLLECTION PRACTICES ACT IS CLEAR, and the law firm representing Wells Fargo Bank NA is in clear violation of it. 

On approximately XX/XX/XXXX, I received the attached letter from the Law firm XXXX XXXX XXXX, advising me they were commencing foreclosure action on behalf of Wells Fargo Bank NA and informing me they are required to comply with the FDCPA and Colorado FDCPA. XXXX Exhibit A ) They stated that if I disputed the debt, which they listed at {$460000.00}, they would assume the debt valid but if I disputed the debt within the required 30 days, they would mail to ME evidence of the debt, along with the name and address of the original creditor. 

On XX/XX/XXXX, I sent the attached letter via certified mail, return receipt requested, and the law firm received that letter on XX/XX/XXXX. XXXX Exhibit B ) In my mail this week I received the attached " Combined Notice - Mailing '' from the XXXX XXXX XXXX XXXX stating that on XX/XX/XXXX, a " notice of Election and Demand '' was recorded as the result of actions undertaken by XXXX XXXX XXXX. ( Exhibit C ) I have not as yet received any formal notification of a required Rule XXXX Court hearing related to foreclosures in Colorado. 

The formal notice from the Public Trustee, however, indicates that the law firm has initiated an action to collect a debt ( foreclosure ) without providing ME any validation evidencing the debt as required by law. I repeat : I received no correspondence from the law firm concerning validation of the debt AS REQUIRED BY LAW. 

I have enclosed the pertinent sections of the FDCPA and highlighted appropriate sections related to 15 US Code 1692 as outlined in a report provided by the FTC and listed and directed to by the CFPB web site. ( Exhibit D ) I have also included sample copies of notes that have been left on my front door by representatives of Wells Fargo every month, for several years now. Wells has denied ordering the notes be left. I am represented by an attorney and believe each note is a FDCPA violation. They are regularly left the XXXX of each month. The notes have changed, but the issue is that they always say to contact the Mortgage Servicer. 

809 Collector notification to consumer providing for the notice, and verification requirements. 

809 ( b ) if the consumer disputes the debt, or any portion thereof, the debt collector will mail certain documentation TO THE CONSUMER, including the name and address of the original creditor. 

813 XXXX a ) If the debt collector fails to comply with ANY provision, the collector is subject to damages. 

813 XXXX 1 ) ( a ) any actual damages sustained by such person as result of such failure ( i.e. loss of home ) 813 ( 2 ) ( a ) and XXXX 3 XXXX additional damages up to {$1000.00} plus legal and attorney 's fees as determined by the court. 

814 grants administrative enforcement ability to require that the FDCPA is complied with. 

As such, the law firm of XXXX XXXX XXXX has clearly violated numerous terms of the FDCPA and must be held accountable, along with client Wells Fargo Bank NA as well as start over after obtaining and sending to ME the appropriate verification documentation, if it exists.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation