Consumer complaint received 2022-06-06
Company: WELLS FARGO & COMPANY
State: MO
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
I reached out to Wells Fargo advising them that fees were owed to me for an illegal repossession that took place in 2018. 

In 2018 Wells Fargo hired a Third Party Repossession company by the name of XXXX XXXX XXXX that damaged the back of my car with scrapes and scratches as if it were dragged. They also left what appeared to be a handprint both over the visor and the sunroof. When I advised them of their negligence they wouldn't take responsibility. When reaching out to Wells Fargo about it they said they are no longer contracted with this THIRD PARTY COMPANY which doesn't take away the fact they hired them and done business with them. Upon paying the XXXX XXXX XXXX XXXX XXXX dollars and the repossession fee of XXXX XXXX XXXX XXXX dollars amongst other hidden fees. My car was not in the same condition it was once recovered from the illegal repossession. 

The third-party tow company came like a thief in the night. Waking up to my car being taken from an illegal repossession caused further anguish, hurt, XXXX and pain. As I shared with Wells Fargo my father had passed is the reason why the loan fell behind. No one showed an ounce of compassion. 

Third-party repossession companies hired by creditors to do an actual seizing of the property can be deemed, debt collectors. Debt collectors are governed federally by a federal statute entitled the Fair Debt collections are governed federally by a federal statute entitled the Fair Debt Collections Practices Act 15 USC 1692 et seq ( FDCPA ) states what debt collectors pursuant to 15 USC 1692 a ( 6 ). Repossession companies become subject to liability under FDCPA if they attempt to repossess collateral without having the present right to repossess the collateral. 

Section 1692 f ( 6 ) does not permit debt collectors to be " Taking or threatening '' to take any non-judicial to effect dispossession or disablement of property if there is no present claim as collateral through an enforceable security interest 15 USC 1692 f ( 6 ) ( A ). 

When the care was illegally repossessed in XXXX of 2018 it was a " BREACH OF PEACE ''. Missouri law 400-9-609. The third-party tow company XXXX XXXX XXXXXXXX that Wells Fargo hired entered private property without the property owner knowing a lien was placed on the car.

There were multiple laws broken at the time of the illegal repossession. I am demanding reimbursement of the finance charges on the vehicle that was under contract plus 10 % purchase rights, as well as repossession /late fees. Also for the violation of the FDCPA and " BREACH OF PEACE '' along with the mental anguish I suffered from the illegal repossession at the same time as my father 's passing.

I shared this information with Wells Fargo and the communication that was sent back to me on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX the most recent XX/XX/XXXX. Wells Fargo is not taken accountability for their actions. 

My attorney is trying to keep this from going to court as well as reaching out to the CEO/CFO for the wrongdoing during the course of this loan. Wells Fargo needs to take accountability and do the right thing. 

Recently the rest of this loan was paid in full and upon reaching out to XXXX XXXX speaking to a representative by the name of XXXX and I have the date, she stated that no claim had been filled for my car. However, I am now in possession of 2 checks from Wells Fargo has now been sent to me with one mentioning XXXX XXXX claim information. 

Some very faulty things have gone wrong during the course of this loan. My attorney simply wants Wells Fargo to contact me with a settlement amount versus having to move forward with an ILLEGAL REPOSSESSION THAT TOOK PLACE.

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