Consumer complaint received 2024-07-02 00:00:00
Product: Checking or savings account — Checking account
Issue: Managing an account — Deposits and withdrawals
Company: WELLS FARGO & COMPANY
State: CA

Complaint narrative:
SUMMARY OF SUPPORTING CLAIM Tuesday XX/XX/XXXX This original claim started upon a call I received from my accountant on or around XX/XX/XXXX regarding missing money and check numbers that did not match my check ledger for account number ( XXXX ). For the record, and what was later identified and verified by law enforcement in my second supplemental report, I was out of the country from XX/XX/XXXX through XX/XX/XXXX working in XXXX, XXXX as a traveling nurse. Upon my arrival back I was immediately notified via phone call on or around XX/XX/XXXX of potential theft of money. Upon hearing this information I immediately requested copies of the checks in question and reviewed my itemized statements which were mailed to my address of record. Moving forward, and not recognizing any of the line item checks included in the statements I requested as listed above copies of check number ( XXXX ) ( XXXX, XXXX, and XXXX ). Upon the review of the check ( XXXX ) on or around XX/XX/XXXX I reported the theft and forgery to the XXXX Police Department. Due to the lack of initial information the report obtained was very basic and simply outlined the time of incident and check numbers in question. Additionally, in a simple comparison by the XXXX XXXX XXXX I was issued a formal initial report with the date of XX/XX/XXXX at the XXXX pm with a start date of the criminal activity to be from XX/XX/XXXX at XXXX and an end date of our discovery of XX/XX/XXXX at XXXX. In addition, I was instructed to open a forgery case with Wells Fargo if I had not done so already and reference Report XXXX ( XXXX ). ( Please see Exhibit A ) On XX/XX/XXXX despite already opening the claim upon my initial findings I received an acknowledgment letter referencing a claim number ( XXXX ), denying my claim without even having an opportunity to have law enforcement start their investigation. ( Please see Exhibit B ). With very little to back my position I started to reach out to both my local branch for assistance and XXXX XXXX. Upon receiving additional information and findings from law enforcement, I was instructed to file for assistance with the XXXX XXXX XXXX. On XX/XX/XXXX I opened case ( XXXX ) outlining my concerns around Well Fargo and opening a claim and closing a claim without ever requesting an initial affidavit of forgery or even a law enforcement report to see what exactly transpired and what if anything caused a delay in reporting the forged checks. ( Please see Exhibit C ) The following day a letter wa drafted and sent via XXXX Mail dated XX/XX/XXXX outlining Wells Fargo was in receipt of my complaint and request for assistance and that they will respond within 10 business days and it was signed or generated by a XXXX XXXX XXXX of XXXX XXXX XXXX Representative in the XXXX XXXX XXXX XXXX. For the record the first letter was in reference to Wells Fargo case XXXX, The following day another letter was generated dated XX/XX/XXXX outlining the same thing as above just referencing a second Wells Fargo case number : XXXX. ( Please see Exhibit D ) -For a review of both letters. With all the back and forth between law enforcement the bank branch and numerous callins, all resulting in different responses. On XX/XX/XXXX. I received an additional letter for the third check which was briefly outlined in the initial law enforcement report denying my claim on Check number ( XXXX ) in the amount of ( {$600.00} ) based on provisions of the handbook and my failure to review my statements despite being some XXXX miles away with XXXX no none internet except when I would go into town once every XXXX weeks. ( Please see Exhibit XXXX ) Frustrated and concerned, as the monies stolen were for my son 's upcoming tuition to grad school my frustration mounted when on XX/XX/XXXX I received another letter from XXXX XXXX who previously notified me that they were reviewing my claim. According to their detailed outline of my claim she first addresses my initial claim on XX/XX/XXXX and again on check three on XX/XX/XXXX. According to her position other than filling the report she or anyone in the claims department never asked for an affidavit or requested a law enforcement report but rather denied a claim 4 days after initiating its opening. Based on XXXX XXXX they were defending the position of the claims department based on my lack of review within ( XXXX ) days of issuance of my bank statement outlining the theft. Once again Wells Fargo denied my claim prior to reviewing any supporting facts or documents. ( Please see Exhibit F ) After hours and hours of working and providing information to law enforcement once I received the last letter in question I immediately made an appointment with my Wells Fargo XXXX for Saturday XX/XX/XXXX. ( Please see Exhibit G ) Upon our arrival we met with XXXX XXXX our local Relationship Manager to go over everything up to this point including but not limited to how Wells Fargo was denying my claim due to not having any information other than the time frames I provided in opening the claim. Furthermore, I outlined that during the duration of that time I was living abroad serving the community of XXXX as a traveling nurse. Based on our conversation XXXX XXXX made several notes in the system and reopened another claim referencing Wells Fargo Case Number : XXXX for account ending in ( XXXX ). Subsequently, Friday XX/XX/XXXX I received an email from XXXX XXXX located in the XXXX XXXX Management Office and acting on the capacity of Escalations Representative notifying me that he was handling my additional request for a review and he hoped to respond by XX/XX/XXXX but no later than XX/XX/XXXX. ( Please see Exhibit H ) Subsequently, after almost a month-long investigation on XX/XX/XXXX at XXXX pm I received via email a supplemental follow-up report in regards to law enforcement ( XXXX ) investigation and findings as it relates to Report XXXX ( XXXX ). Upon reading the new findings in this supplemental XXXX enforcement report it has been determined by producing travel records that I was out of the country from XX/XX/XXXX to XX/XX/XXXX as an acting traveling nurse. In fact law enforcement included a copy of my license for verification purposes. In addition, law enforcement clearly outlined that Wells Fargo Bank the purported paying bank cashed three separate checks all with three different signatures. Additionally, law enforcement clearly outlines its change of focus from the forged signatures to the endorsements and lack of signatures as required by Federal Regulation CC.Based on law enforcement preliminary investigations, the XXXX Police and XXXX XXXX XXXX outlined their concerns surrounding forged endorsements and forged signatures. For points of reference law enforcement included copies of my XXXX License, Check number ( XXXX ) in the amount of ( {$600.00} ) written on XX/XX/XXXX and posting XX/XX/XXXX showing my forged signature, check number ( XXXX ) in the amount of ( {$12000.00} ) showing a date of issuance on XX/XX/XXXX and a date of posting of XX/XX/XXXX. Lastly check number ( XXXX ) in the amount of ( {$11000.00} ) which was written on XX/XX/XXXX and posted on XX/XX/XXXX. As with the additional XXXX entries, all three checks were compared to the signature card on file and they were determined to be forged by means of the Signature. Additionally they outlined the additional items if any were not being reported. This new file clearly shows the initial findings and verification of the theft. On XX/XX/XXXX this case was marked Opened. ( Please see Exhibit I ) After now producing two separate law enforcement reports one being the original and now a supplemental outlining the forgery of my signature which was compared to the signature had on file at Wells Fargo on XX/XX/XXXX, I received a final decline sent via email from a XXXX XXXX once again out of the XXXX XXXX XXXX XXXX under the role of Escalations Representative. ( Please see Exhibit J ) Despite being declined XXXX offered the most assistance and even went so far as to outline they had not received any additional law enforcement reports or supporting documents since obtaining the initial Law enforcement report outlining briefly the incident in question. I outlined to XXXX that there was an additional XXXX report which I just received outlining XXXX XXXX findings and position as it relates to being stateside and able to review my bank statements and report in a timely manner. Additionally, I told XXXX that I was informed they had just issued a subpoena on the bank and are requesting several documents outlining the forgery and now fraudulent endorsements violating Federal Regulations CC. Based on all the new supporting documentation and after spending almost an hour reviewing everything XXXX XXXX instructed me to open a new claim citing endorsement forgery along with signature forgery and outline neither the initial claims department officer who opened the claim or any other support team member has had all the documentation available to approve and properly investigate the claim in question. On Thursday XX/XX/XXXX, I reopened the initial claim citing exactly what has been uncovered, and I was given Case number ( XXXX ) for reference into the new claim with supporting documents. In addition I was given the email address of ( XXXX ) and a fax number of ( XXXX ) XXXX and ( XXXX ) XXXX with a future direct call in number of ( XXXX ) to follow up and provide any and all supporting documents which were never opened or reviewed by any claims representative prior to the initial denials. On Tuesday XX/XX/XXXX the same day as I spoke to XXXX XXXX in your XXXX XXXX XXXX XXXX I was contacted by the XXXX XXXX XXXX XXXX who indicated they were successful in obtaining a subpoena onto XXXXXXXX XXXX and in the review of all relevant documentation they had found additional information showing the fraudulent behavior started at the XXXXXXXX XXXX XXXX and trailed to where we are now. In addition to our new information which I will break-down and supply for your review it was duly noted that the original charge was Forgery/Theft but now has been escalated to Forgery and aggravated identity theft which according to the most recent law enforcement report ( XXXX ) dated XX/XX/XXXX at XXXXXXXX XXXX is Ca XXXX XXXX XXXX and XXXX. ( Please see Exhibit K ) With the assistance of law enforcement and my attorneys XXXX XXXX XXXX and Attorney XXXX XXXX, on or around XX/XX/XXXX with a court order they were able to acquire the banking information of the depositor who has been identified as their person of interest. Pursuant the first step in this inquiry the Declaration of Custodian of Records was served upon XXXX XXXX XXXX of XXXX Bank. ( Please see Exhibit L ) In addition to the records on or around XX/XX/XXXX Law Enforcement was in receipt of the following documents for review : ( Please see Exhibit M ) Copy of Depositors Signature Card with account ( XXXX ) Copies from XXXXXXXX XXXX XXXX XXXX ) Only of Check ( XXXX ) ( XXXX, and XXXX ) XXXX Page of various check ( XXXX ) showing signature and address or record XXXXXXXX XXXX Statement XXXX XXXX XXXX, XXXX showing check ( XXXX ) ( XXXX ) Deposited Making up XXXX out of XXXX deposits for the month. In a review of the records there was XXXX additional check that was returned due to improper endorsements. If this check would not have been returned it would have made an additional fraudulent check payable. Due to never being paid I never saw the check in question. Back copies of check ( XXXX ) ( XXXX, XXXX, and XXXX ) All Improperly endorsed missing signature on check ( XXXX ) XXXX, and signature on XXXX forged payee signature. XXXX CHECK XXXX SIGNATURE DOES NOT MATCH ANY PAST CHECKS XXXX XXXX XXXX OR HER SIGNATURE CARD. CURRENT VIOLATION OF FEDERAL REGULATION CC IN ADDITION TO SEVERAL UCC VIOLATIONS. Copy of the Wells Fargo Deposit Account Agreement : Section Under Your Responsibility to review account statements and notices and notify us of errors : -Please Note : I was out of the country from XX/XX/XXXX returned XX/XX/XXXX. Please refer to the XXXX XXXX XXXX report dated XX/XX/XXXX. From XX/XX/XXXX to XX/XX/XXXX received and reviewed bank statements ( XXXX ) -Month. Notified on XX/XX/XXXX of the checks and requested front and back of check ( XXXX ). In addition and according to section ( XXXX ) I notified you within 6 months after you made my account statements available to me that the endorsement ( XXXX ) in the back of the check ( XXXX ) were either missing or forged. XXXX XXXX verified this with their most recent report dated XX/XX/XXXX. Copy of XXXXXXXX XXXX XXXXXXXX Account XXXX : In a review of this agreement located on page XXXX it discusses proper endorsements on Deposit Agreements. XXXX XXXX verified on XX/XX/XXXX that the XXXX signature attached did not match the signature card on file. In addition the other XXXX deposits did not have endorsements making the deposit void and in violation of Federal Regulation CC, Copy of Both Wells Fargo Account number ( XXXX ) statements XX/XX/XXXX and XX/XX/XXXX to review improperly and forged endorsement checks and forged signatures, Please note XXXX Bank Statements are included and listed above. CONCLUSION : This request is pertaining to my original notification to Wells Fargo of the processing of XXXX check ( XXXX ) written, negotiated, and paid on without my consent out of now Closed Account ( XXXX ). As stated numerous times on or around XX/XX/XXXX while getting ready for taxes I was notified by my accountant, that there were several checks based on the itemized bank statements with no copies of the checks negotiated to compare to that did not line up with my running monthly ledger. Upon receiving this information I reached out to the Bank and requested Copies of the Check ( XXXX ) in question which on the record were for check ( XXXX ) ( XXXX, XXXX, and XXXX ). Based on the information provided I called Wells Fargo and outlined briefly our findings and I opened ( Claim XXXX ) on XX/XX/XXXX. On XX/XX/XXXX without requesting any supporting documents such as an affidavit of forgery, explanation of findings, or a law enforcement report outlining the claim it was denied based on the outlined provisions of my XXXX XXXX XXXX. Upon receiving copies of Bank Statements, Checks, and having ample time to review all transactions I was instructed by my local branch prior to receiving this appalling declination without any supporting facts to file a police report. On XX/XX/XXXX after reporting the initial incident on XX/XX/XXXX I was notified via email my initial police report was ready. Upon picking up that report ( XXXX ) it gives a general narrative of the theft/forgery in question and includes copies of the check ( XXXX ) for review. On XX/XX/XXXX I contacted first my local branch then the claims department to notify them that I had identified another forged check and based on the declination of claim I was not sure if it was included in the initial report. I was issued a claim number ( XXXX ). With the initial claim being denied I thought that someone in the claims department would reach out and request any supporting documentation or law enforcement report in an effort to outline the losses. However, on XX/XX/XXXX I received another letter denying all claims stating I violated my right to recovery or dispute under my XXXX XXXX. Becoming completely frustrated that Wells Fargo was denying my claim based in whole off their Depository Agreement which is based off of XXXX XXXX I was instructed by the branch to open a complaint with either the CFPB or XXXX which would trigger a review of the claim in general and I would be able to supply all supporting documentation. Upon opening up our original claim on or around XX/XX/XXXX I received a declination again from Wells Fargo citing the XXXX. However, in this instance I was able to discuss the matter more in-depth in which I was informed that neither the claims or their office had any supporting documentation or law enforcement reports to justify any additional assistance. However, if I was given additional information for me to make an appointment with my local branch and see if they could assist in getting this matter resolved. On XX/XX/XXXX my husband and I had an appointment at my local branch to further discuss and outline my concerns surrounding what we currently knew was forgery and theft. Upon our review with the XXXX XXXX XXXX he was able to have the back office reopen the cases and he faxed over the reports and information I was given up until XX/XX/XXXX. Moving onto XX/XX/XXXX, I received an updated supplemental report from the XXXX Police Department 's Financial Crimes Department. In their new findings due to actually investigating the matter, they confirmed I was out of the country from XX/XX/XXXX to Friday XX/XX/XXXX on a XXXX month contract as a traveling nurse. In addition law enforcement notified me that on top of my signatures being forged that all three checks were improperly endorsed and should have never been accepted or paid. Based on these additional findings I was instructed to close the account ending in ( XXXX ). With copies of new additional information I emailed the new information to my local branch but never received confirmation of receipt. On XX/XX/XXXX I received an email from XXXX XXXX who outlined his current handling of the matter and requested more time to review and complete his research. XXXX days later I received a second email from XXXX XXXX dated XX/XX/XXXX notifying and reiterating the denial of our claim. Frustrated, my husband and I called and spoke in-depth with XXXX XXXX XXXX outlined everything from not being properly investigated to not working with law enforcement. It was during this conversation he notified me that he did not have or see anything except from the original filling. He had no law enforcement reports, no supplemental reports, and no supporting documentation that I was even our of the country during the duration of time. He indicated to me he wanted to look into something and if anything additional arouse to contact his office. On XX/XX/XXXX after speaking to XXXX I received a call from XXXX XXXX outlining they had a Subpoena and that they were reviewing everything in depth and a secondary supplemental report would be issued in the coming days. Based on this information I called back and informed XXXX XXXX of our discussion. Based on the information I was instructed to call into Wells Fargo and open an additional follow-up claim outlining endorsement fraud along with forgery and identity theft. In addition, I was told to tell the claims department that there is substantial supporting documentation and that I was requesting an opportunity to send those documents for review prior to any decision. On XX/XX/XXXX I called in and outlined the issues at hand and opened a follow-up claim. I was issued a claim number ( XXXX ) and given a direct call in number ( XXXX ) to check the status. As the investigation continued and had multiple discussions with our branch, Wells Fargo XXXX XXXX XXXX XXXX XXXX, and the XXXX I received notice that on XX/XX/XXXX at XXXX an updated Supplemental Report ( XXXX ) was available for review. According to the new report Law Enforcement verified that I was in XXXX XXXX from XX/XX/XXXX through XX/XX/XXXX and no mail or branch was remotely close during my XXXX month contract as a traveling nurse. Secondly the report verified the receipt of a subpoena and the review of the check ( XXXX ) in question. In all instances XXXX out of the XXXX checks were missing signatures making them forgeries and the third check contained a forged depository signature of XXXX which was compared to her signature card. Based on these findings XXXX Bank committed a violation of XXXX XXXX XXXX and deposited the three check ( s ) which have been verified as known forgeries. Moreover they classified the endorsements as Restrictive Endorsements but missing signatures as required. In addition they validated my signatures as all being different and verified as forgeries. Lastly, Law Enforcement provided copies of checks front and back, bank statements verifying the accounts being deposited into and signature cards. At this present time the time waiver associated in my depository handbook does not hold ground for declination. In addition under UCC-407 the grounds are 1 year from the time of discovery. Based on all the supporting documents I Am requesting my money to be returned so my son has his tuition money. Despite the case still on-going the amount of monies taken and lack of endorsement from the accepting bank should have set off bells and whistles from Wells Fargo to protect the consumers money at all costs.

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