Consumer complaint received 2017-03-16
Company: WELLS FARGO & COMPANY
State: VA
Product: Mortgage
Sub-product: VA mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
COMPLAINT : Wells Fargo claims they have completed an investigation meeting FCRA requirements without adequately addressing my complaint and supporting documentation ( attached ). My complaint was dismissed and the negative report to credit bureaus was annotated to suggest their compliance with FCRA and that I dispute their findings. Based on the information I have received from Wells Fargo ( attached ), I dispute their statement suggesting they have complied with FCRA. Findings from their investigation do not address or answer the following questions critical to making a final determination : 1 ) Why does Wells Fargo accept no responsibility for the late payment when auto draft payments were set up on Wells Fargo 's website? 
The attached statements prove that Wells Fargo drafted the auto payment from my XXXX account on XX/XX/2016, but for some unexplained reason failed to draft payments in XX/XX/XXXX and XX/XX/XXXX. 

2 ) Why did Wells Fargo change my billing address without sending a notification to my address of record informing of the change? 
Response : Wells Fargo " regrets any inconvenience this may have caused. '' 3 ) Why did n't Wells Fargo attempt to contact me regarding the missed payments using information registered to my Wells Fargo account which included my mobile phone number and my email address? 

A Wells Fargo representative admitted no calls were made to my cell phone because they were not authorized to make calls to a cell phone. That may be the case for " robo '' calls, but there is no restriction on Wells Fargo representatives from using my cell phone number. 

4 ) Why has Wells Fargo concluded that I am a XXXX when I have provided a my Veteran ID card and my current XXXX ID card ( attached )? What evidence is being used to conclude I am a XXXX? 

5 ) Please explain why Wells Fargo states I am not covered under SCRA when I have provided the following except from SCRA that clearly states that protection is extended to XXXX with XXXX military XXXX? 

SERVICEMEMBERS CIVIL RELIEF ACT ( " SCRA '' ) 50 U.S.C. App. 501-597b1 514. Extension of protections to citizens serving with allied forces [ Sec. 104 ] A citizen of the United States who is serving with the forces of a nation with which the United States is allied in the prosecution of a war or military action is entitled to the relief and protections provided under this Act if that service with the allied force is similar to military service as defined in this Act. The relief and protections provided to such citizen shall terminate on the date of discharge or release from such service. 
I have provided Wells Fargo with a copy of my XXXX assigning me to XXXX ( attached ). 

6 ) Given the protections afforded under SCRA, why is Wells Fargo refusing to credit the late fee/penalty assessed during the period in question? 
Wells Fargo 's response is that SCRA does not apply because I am a XXXX. I have proven this not to be the case ( see attached orders and I.D . cards ). 

7 ) Why does Wells Fargo insist that making a negative report to credit bureaus is not considered a penalty which is prohibited by SCRA? 

SUMMARY : I have taken all corrective action regarding this incident including bringing my account current and re-starting the auto draft payments which stopped for unexplained reasons in XX/XX/XXXX and XX/XX/XXXX. Wells Fargo has been drafting the automatic payments successfully without further incident since XX/XX/2016. 
I am simply asking Wells Fargo to remove the negative report made to credit bureaus in XX/XX/XXXX and to reverse the fine that was assessed for the late payment.

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