Consumer complaint received 2024-12-13
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: WELLS FARGO & COMPANY (FL)

FTC report number : XXXX This is the 4th round of dispute that I have opened against Wells Fargo due to not wanting to comply with the law, openly and blatantly violating The CARES Act, Fair Credit Reporting Act ( FCRA ), Truth Lending Act ( TILA ) and Section 4021 Credit Protection during COVID-19 affecting my credit history on the account that ends in XXXX and also emotionally affecting me and indirectly my family because I have had this problem for 4 years now. 

In the letter I received on XX/XX/XXXX, Wells Fargo argued that The Cares Act does not protect credit cards, that is false. The Law that was discussed and created in the XXXX XXXX XXXX  Congress of the United States of America says it very clearly and simply : Section 4021 Credit Protection during COVID-19 : In its interpretation : When it refers to credit protection, it includes all accounts that are reported and fed into the consumer 's credit history : such as : mortgages, car loans, student loans, credit cards, medical bills, personal loans, hard inquiries, rental properties, and any other type of account that has not been named in this paragraph. 

The letter I received on XX/XX/XXXX explains that : on XX/XX/XXXX a payment agreement was reached and stated in the last phone call I had with one of their representatives, XXXX XXXX XXXX, who refuses to give her last name. The Cares Acts Section 4021 Credit Protection during COVID-19 explains that : if there is a payment agreement, partial payment, full payment, waiver of payments, waiver of interest charges, forgiveness of any account that is delinquent or any other type of relief assistance, the account must be reported as current. And I repeat, yes there is a payment agreement between Wells Fargo and me and it was issued on XX/XX/XXXX. 

In the letter I received on the last XX/XX/XXXX, it states and corroborates the previous letter I received on the last XX/XX/XXXX that it stated : the payment agreement issued on XX/XX/XXXX will cover the following 3 billing cycles starting on XX/XX/XXXX. That is, the payment agreement covers the cycles : Cycle 1 - from ( XXXX to XXXX ). 
Cycle 2 - from ( XXXX to XXXX ). 
Cycle 3 - from ( XXXX to XXXX ). 

The payment agreement that was issued says that : there is a waiver of interest and fees for the following 3 billing cycles " named above. '' And also a waiver of minimum payments during these same three ( 3 ) billing cycles. 

So, if there is a waiver of minimum payments during these 3 cycles, how is it possible that Wells Fargo violates its own agreement and places the late payments in the cycles : 1 - from ( XXXX to XXXX ) and 2 - from ( XXXX to XXXX ) '' it does not make sense, they are blatantly violating their own agreements, a clear and malicious contradiction. 

The cycle prior to those named above : from ( XXXX to XXXX ), is delinquent, that is correct. The reason for the default of this billing cycle is due to the loss of my job at the end of XXXX and beginning of XXXX, precisely because of the massive unemployment that occurred due to the pandemic that XXXX  around XXXX XXXX people in the world. We are talking about a job loss due to a natural and catastrophic disaster that affected all the families in this world, we are not talking about a lack of individual responsibility on my part or neglect of my financial duties, we are talking about a global collective problem. 

The Cares Act Section 4021 Credit Protection during COVID-19 states that the coverage period of this Act begins on XX/XX/XXXX until 120 days after the pandemic is officially declared over. That is, Therefore, the default cycle from ( XXXX to XXXX ) is protected and within the coverage period of the Section 4021 Credit Protection during COVID-19 law. 

It is worth noting that the Cares Act Section 4021 Credit Protection during COVID-19 explains that : if an account before the payment agreement is delinquent, in my case the delinquent billing cycle from ( XXXX to XXXX ) the creditor must : maintain the report as delinquent during the time of the payment agreement And if and only if : the client during the time of the payment agreement catches up with its financial obligations of the account, the creditor must : report the account as current, as long as the client has caught up within the time or period of the payment agreement issued. That is why this law was created, to protect and help the consumers. 

I met my financial obligations within the payment agreement period, even though Wells Fargo waived minimum payments during the 3 cycles of the payment agreement, and I still brought the account up to date in the 3rd cycle of the payment agreement period, on XX/XX/XXXX, by making a minimum payment of {$25.00}. 

So since I caught up within the payment agreement period, my account must be reported as current without any delinquency according to the Cares Act Section 4021 Credit Protection during COVID-19, including all cycles that are reported delinquent : ( XXXX to XXXX ), from ( XXXX to XXXX ) and from ( XXXX to XXXX ), these 3 cycles must be updated as current and immediately notify the credit reporting agencies XXXX, XXXX and XXXX. 

Each billing cycle has a payment deadline, that is, until that day or that is the last day that a payment must be made to avoid falling into delinquency. In the 3rd billing cycle negotiated within the payment agreement period ( XXXX to XXXX ), the payment deadline was XX/XX/XXXX of XXXX. 

And even is also charging me XXXX $ on XX/XX/XXXX for late fees, incredible This is a problem that must be immediately resolved, no one knew how long this whole COVID-19 tragedy would last. 

IN THE SAME WAY AS YOU WELLS FARGO AS CREDITOR CALLS TO YOUR CLIENTS, SENDS EMAILS, PHYSICAL MAILS TO CHARGE AND OR MAKE YOUR OFFERS, YOU ALSO ARE OBLIGED TO TAKE CARE OF YOUR CUSTOMERS, THAT IS, KNOWING ABOUT A GLOBAL PANDEMIC, YOU SHOULD HAVE DONE YOUR PART TO PREVENT TO YOUR CLIENTS AND GIVE TO YOUR OWN CLIENTS OPTIONS TO PREVENT THEIR CREDIT FROM BEING DAMAGED. YOU DID NOT DO THIS TO ME. YOU CALLED AFTER I HAD A HARDSHIP SITUATION BECAUSE OF THE PANDEMIC AND YOU KNEW THE SITUATION WE WERE GOING THROUGH. 

Stop violating consumer protection laws, is enough.