Consumer complaint received 2016-10-15
Company: WELLS FARGO & COMPANY
State: PA
Product: Debt collection
Sub-product: Mortgage
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
I have a reoccuring issue with Wells Fargo continuing collection efforts ignoring the adjudicated outcome of Pennsylvania Superior Court Docket # XXXX in this matter. I specifically had a conversation with XXXX XXXX who is handling this matter for Wells Fargo Bank and he acknowledged that the legal justification that they are relying upon was that the foreclosure judgement that was awarded to them and that the Praecipe dated XXXX XXXX, XXXX to " Withdraw the Judgment docketed on XXXX XXXX, XXXX and mark the action discontinued without prejudice '' protected the banks interest and allows the bank to proceed with further collections. In this conversation it was acknowledged that the Praecipe referenced did not have the required Time Stamp indicating the entering of the record nor was it part of the docketing record of XXXX County Court of Common Pleas XXXX. Additionally he acknowledge that XXXX XXXX sent a letter to the XXXX of the Superior court of Pennsylvania dated XXXX XXXX, XXXX indicating that this was rejected by the court because it was currently under appeal. What did happen was that their Attorney XXXX XXXX sent a letter to the XXXX of the Superior court of Pennsylvania on XXXX XXXX, XXXX stating that he had sent a Praecipe to Vacate the Judgment which would render the appeal moot. This action, in fact, Rendered Null and Void any alleged debt obligated between XXXX XXXX and XXXX XXXX with Wells Fargo Bank. I have provided on numerous occasions, the Pennsylvania Superior Court Docket Sheet, and also the XXXX County Court of Common Pleas Docket Sheet, which indicates the actions that Wells Fargo had taken on their behalf. Their re-verification of documents that were never submitted in court, constitutes Wells Fargo of making false statements to the Consumer Financial Protection Bureau, about the legal status of this debt. This is a clear violation of : 15 USC 1692e 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section ( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt Pennsylvania Superior Court # XXXX ( Judgment Vacated/Withdrawn ) - XXXX XXXX, XXXX. 
( 6 ) The false representation or implication that a sale transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt ( Judgment Vacated/Withdrawn ) - XXXX XXXX, XXXX. 
( 9 ) The use of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court of the United States or any State, or which creates a false impression as to its source, authorization, or approval. Wells Fargo is using a XXXX never filed with the Court as justification to collect on this Debt. 
15 USC 1692g 809. Validation of debts ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, ( Judgment Vacated/Withdrawn ) - XXXX XXXX, XXXX. 
15 USC 1692i 811. Legal actions by debt collectors. ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation may bring such action only in a judicial district.

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