Consumer complaint received 2024-09-28
Product: Checking or savings account — Checking account
Issue: Managing an account — Deposits and withdrawals
Company: WELLS FARGO & COMPANY (CA)

My correspondence comes before you as a follow-up pursuant to your letter dated XX/XX/XXXX referred to as Resolution of your Fraud Claim with Claim Number ( XXXX ). Upon reading Wells Fargos Claim Assistance response it outlines their denial of a forgery based on erroneous information in a continued effort to take consumers hard earned money without any recourse. Over the last twelve months, we have seen countless accounts compromised by consumers with Wells Fargo. In each instance Wells Fargo has refused to take responsibility for the safekeeping and prevention of fraud and theft. Based on the overwhelming amount of active and pending civil suits against Wells Fargo enclosed is my rebuttal with supporting documentation outlining their negligence and demand for return of monies. 

Enclosed Marked ( Exhibit A ) is the notice for denial stating it has been more than ( 30 ) days to notify the bank. However on page 2 marked Business Account Ending XXXX. According to the last paragraph and I quote We confirmed no claim was opened and unfortunately, there was no mention of a provisional credit being approved Based on the quote that no claim was ever opened immediately drew red-flags. In an effort to outline all the material facts associated with this claim without mudding the waters. In an effort to outline every step of our claim please bare with me as I outline the following : XX/XX/XXXX Discovered additional checks were stolen from the Business account and notified local law enforcement and filed a supplemental to the previous claims which were denied due to the length of time we discovered the transactions. 
On or around XX/XX/XXXX I received an email from Wells Fargo confirming the reported stolen and compromised checks for accounts ending in XXXX. 
-Please note, in their denial letter listed above they stated no claim was filed but confirmed an opened claim on XX/XX/XXXX Upon opening the original claim I was given a call in reference number : ( XXXX ) In my new claim upon reviewing my XXXX and XXXX Statements we noticed several checks which were paid but later identified as stolen, incorrectly endorsed and reported by law enforcement as Fraudulent/ID Theft. 

Please Note : On XX/XX/XXXX the issuance of XXXX statement was issued and notification received XX/XX/XXXX at XXXX. Please note all statements are mailed Please Note : On XX/XX/XXXX the issuance of XXXX statement was issued and notification received via email on XX/XX/XXXX at XXXX. Please note all statements are mailed Pursuant to my claim and based on their denial I pulled the statements in question and compared the response time in conjunction with the Wells Fargo Depository Account handbook. According to the handbook in question each consumer has thirty days to review and file and type of rebuttal pursuant to fraud. Based on the verifiable information between XX/XX/XXXX and XX/XX/XXXX I notified Wells Fargo fraud department of three compromised checks. For the record the checks in question were as follows : On XX/XX/XXXX XXXX Cashed : XX/XX/XXXX Amount : {$1200.00} On XX/XX/XXXX XXXX Cashed : XX/XX/XXXX Amount : {$2400.00} These XXXX checks were cashed in XXXX and available for review in my Business Statement for the month of XXXX, XXXX. I received notification that my statement was mailed on XX/XX/XXXX and I received copies of my statement due to the XXXX on Saturday XX/XX/XXXX. From the time we received our statement to the original date of XX/XX/XXXX we reported our discovery it was 24 days. If we count the days from XX/XX/XXXX this batch of checks would be 31 days from the issuance and receipt of our statement. 

In addition to the first two checks the third check which was written and negotiated in XXXX of XXXX falls far between the allotted time frame as outlined in your denial. According to the supporting documentation received from Wells Fargo and which is included in the packet above on XX/XX/XXXX at XXXX we received notification that our XXXX, XXXX statement was mailed. 

On XX/XX/XXXX XXXX Cashed : XX/XX/XXXX Amount : {$6400.00} On Tuesday XX/XX/XXXX we received the copy of XXXX Business Bank statement confirming the above listed check was cashed. 

Moving forward, from the time we opened our claim to the end of XX/XX/XXXX without hearing or receiving any confirmation of the claim on or around XX/XX/XXXX we opened a formal complaint with the CFPB. ( EXHIBIT B ) Upon filling our formal complaint on XX/XX/XXXX I received a letter outlining your receipt of our complaint. That same date XX/XX/XXXX I received another almost identical letter stating the receipt of our claim for CFPB Case ( XXXX ) which is identical to the previous letter and Case Number referred to when opening my complaint. However in comparing the two letters the Wells Fargo Case Number has two different reference numbers. 
On XX/XX/XXXX we received another letter outlining their progress and proposed concussion date. On XX/XX/XXXX you sent a more comprehensive letter outlining your findings of previous disputes based on fraud in which you leaned on the Depository Agreement for protection in returning my money. However in a thorough review of this denial letter it is apparent its wells fargo direct attempt to muddy the waters by not addressing the claim in question and time frames associated with this claim. 

In closing, the new claim will be documented on XX/XX/XXXX or XX/XX/XXXX but the check ( XXXX ) in question are extremely close to the 30 days deadline. At the very least check number XXXX in the amount of ( {$6400.00} ) which was cashed on XX/XX/XXXX should have been reimbursed. Based on all of our supporting documentation including but not limited to your proclamation that no claim was filed to verification from XXXX XXXX directly acknowledging an open claim and the check ( s ) in question. At this time we are demanding the reimbursement of the checks in question be issued immediately to prevent any further legal actions. 

Warmest Regards, XXXX XXXX