Consumer complaint received 2025-02-05 00:00:00
Product: Money transfer, virtual currency, or money service — Domestic (US) money transfer
Issue: Other transaction problem — 
Company: WELLS FARGO & COMPANY
State: MD

Complaint narrative:
( Please note that I have a XXXX, and so my brother-in-law, XXXX XXXX, in these issues against Wells Fargo, assists me . My brother-in-law is a retired attorney and is only acting in an advisory role, Pro Bono. All referenced communications are attached. ) I have previously filed 2 Complaints with the CFPB : both of these were improperly dismissed by the CFPB ( see below ). However, when we recently checked the CFPB site, it shows that I have filed FOUR ( 4 ) Complaints which is not true, but all 4 are closed. It appears that once CFBP receives a response from Wells Fargo, I can not respond or further communicate with CFPB, but rather my Complaints are dismissed. Why is this so? 
Background of Issue : I suffer from a XXXX XXXX XXXX, and that contributed to a scam perpetrated by a group of international thieves during the week of XX/XX/XXXX. However, Wells Fargo compounded the problem : After realizing that the situation was a fraud ( on XX/XX/XXXX ), I then directed Wells Fargo to disregard my original instructions to Wells Fargo that I had issued on XX/XX/XXXX. My original instructions were based upon false representations by a group presenting faked credentials that I must remove money from my various accounts that had supposedly been hacked. After realizing the scam, I then directed Wells Fargo on XX/XX/XXXX that NO funds were to be taken out of my 401 ( k ) account, including Wells Fargo paying over potential taxes to be withheld. 
At the time of my second directive, both XXXX XXXX and I spoke with an agent of Wells Fargo on XX/XX/XXXX, who not only agreed with and accepted my second directive, but after taking time to internally check, also verified that no funds had been removed from my 401 ( k ) at that time, including supposedly withheld taxes. I was relieved that my funds were safe, but some seven ( 7 ) weeks later, on XX/XX/XXXX, Wells Fargo ( through its agent, XXXX ) arbitrarily and unilaterally confirmed its change in position, stating that it would remove estimated taxes, send such funds to the taxing authorities, and send the balance to me, even though I had been assured of the cancellation of my original request by my second directive. 
In the meantime, I sent a letter to Wells Fargo on XX/XX/XXXX, asserting these facts and again confirming that all funds be retained. Then, in a conversation with a Wells Fargo agent on XX/XX/XXXX, XXXX XXXX and I asked why Wells Fargo would be taking such a belated and completely contrary action in light of this undisputed history detailing its agreement to my second directive. The agent stated that Wells Fargo was required to take such a conflicting action based upon IRS regulations. We requested that Wells Fargo provide all specifics regarding any such IRS laws or regulations, particularly as XXXX XXXX, being an attorney, was unaware of any such legal authority. 
XXXX XXXX followed up with a letter to Wells Fargo dated XX/XX/XXXX, repeating my issue, also supplementing my letter of XX/XX/XXXXXXXX XXXX reply letter to me dated XX/XX/XXXX confirmed the 401 ( k ) Plan Administrators contrary position, but did not address my issue of its failure to follow my 2nd directive, only addressing my initial, rescinded directive. 
XXXX XXXXXX/XX/XXXX letter also stated that I had not sent a formal claim. XXXX XXXX then sent, on my behalf, a formal claim dated XX/XX/XXXX to both Wells Fargo and XXXX, acting also as a supplement to my XX/XX/XXXX letter and his XX/XX/XXXX letter. 
First Complaint : After filing my initial complaint ( No. XXXX, submitted on XX/XX/XXXX ), the CFPB informed me on XXXX & XX/XX/XXXX that Wells Fargo had replied, stating that the company let us know it is unable to respond to your complaint through the CFPB because it involves the same issues raised in pending or prior litigation between the company and the account holder. That statement is a lie, as it is completely false ( there was and is no prior or pending litigation, and certainly no evidence was provided by Wells Fargo ). 
Moreover, that allegation was later admitted to be false when Wells Fargo, through its Plan Administrator, ( a Fiduciary ) explained its administrative appeal process NOT litigation in its letter to me including a determination dated XX/XX/XXXX : If you disagree with this decision you may request a review of this determination within 60 days of your receipt of this letter. In my reply letter to Wells Fargo of XX/XX/XXXX, I expressly and formally requested a review of that determination, in writing, but the company never substantively responded to my issue, even to this day! And, the CFPB closed my first Complaint without allowing any reaction or response from me! 
Wells Fargos 401 ( k ) Plan Administrator ( who still fails to disclose his/her name or method of communication other than US mail ) detailed his/her determination by deliberately sidestepping and diverting attention, pointing to my original distribution request that was made by you [ XXXX ], received in good order, and was not a result of your account being accessed by a bad actor. Such a distraction completely disregards the real issue that Wells Fargo was properly and timely directed by me to disregard my original distribution request regardless of whether bad actors were involved -- and to simply hold all funds in my 401 ( k ) account.

While the Plan Administrator concludes that my original directive was in good order his/her intentional omission of any reference to my second directive sends the loud and clear message -- and admission -- that such directive was also received in good order. So, the intentional and unexcused failure by Wells Fargo to obey my second directive gives rise to its liability for all consequences, i.e., tax penalties, investment advantages on amounts taxed, legal and accounting costs, time and energy expended, potential statutory penalties, etc. 
The Plan Administrator also advised in his/her XX/XX/XXXX letter that : " If you request a review, a decision on review will be made within 60 days of receipt of your request for review. My reply letter of XX/XX/XXXX, referenced above ( sent by XXXX on XX/XX/XXXX ), in addition to formally requesting a review of that adverse administrative determination, also contains formal requests for materials and information that relate to such decision. The Plan Administrator has now ( after delaying for over ninety unexcused days ), failed to appropriately respond my requests for information. 
Second Complaint : I filed my 2nd Complaint against Wells Fargo ( # XXXX ) on XX/XX/XXXX. The CFPB sent a message dated XX/XX/XXXX, stating : The company has responded that it is still working on your issue. It further states that I should hear from them again with a final response within 60 days ( potentially moving a response date to XXXX of XXXX ). That message is unfair in light of the fact that Wells Fargo had already failed and refused to properly respond to my initial complaint of XX/XX/XXXX, after having been given 60 days to respond! 
Wells Fargo also sent a reply to XXXX XXXX dated XX/XX/XXXX stating that it could not respond to his letters on my behalf, because it did not have my authorization for his participation. That reply is a lie and deliberately ignores the fact that he was clearly copied on my letters, sent his own letters, and has been on every conversation, starting on XX/XX/XXXX. Moreover, Wells Fargo later sent, on XX/XX/XXXX their written summaries of our conversations, admitting that their agents carefully confirmed with me that XXXX XXXX was allowed to be included in these issues! 
Please review Wells Fargos letter of XX/XX/XXXX ( supposedly responding to my letter of XX/XX/XXXX ) and my reply letter to that dated XX/XX/XXXX ( Note : Wells Fargo then responded on XX/XX/XXXX saying it would further respond within 10 days ). As can be seen by these letters and all of the above history, Wells Fargos position is to simply ignore, manipulate, lie and/or sidestep my directives and requests, and even the requests of the CFPB. Therefore, based on this history I do not believe that CFPBs standard protocol to allow Wells Fargo a further response to this THIRD Complaint will be of any benefit to anyone. I therefore ask for a timely determination in my favor.

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