Consumer complaint received 2025-05-06 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Lender trying to repossess or disable the vehicle
Company: WELLS FARGO & COMPANY
State: NY

Complaint narrative:
This situation involves alleged legal violations by Wells Fargo Dealer Services and their repossession agent, XXXX XXXX XXXX XXXX XXXX, New York, related to a vehicle repossession Violation of a 1099-C : IRS Form that Wells Fargo Dealer Services violated a 1099-C form that was sent to them via certified mail and accepted by the IRS. A Form 1099-C, " Cancellation of Debt, '' is issued when a debt is discharged or canceled. If a debt is canceled, the creditor generally can not pursue collection on that debt. The fact that the IRS accepted the form suggests that the debt may have been considered canceled for tax purposes, which could have implications for Wells Fargo 's ability to repossess the vehicle. 
* Continued Repossession Efforts : Despite the alleged cancellation of debt via the 1099-C, Wells Fargo reportedly continued to send a repossession company, XXXX XXXX XXXX , to attempt to take the vehicle. 
* XXXX XXXX XXXX violated New York State law and committed a breach of the peace during the repossession. 
* Lack of Updated Repossession Documents : that XXXX XXXX XXXX did not produce updated repossession documents, which could be a procedural issue under New York law. 
* Breach of Peace : The most significant allegation is the breach of peace. describe the repossession as occurring in front of a shopping mall with customers and employees present, and that XXXX XXXX XXXX hooked the vehicle while i were still inside. This action, especially with someone in the vehicle, is highly likely to be considered a breach of the peace under the legal standards discussed in the previous summary of UCC 9-609, as it caused " mayhem '' and public disturbance. 
* Forcible Repossession with Occupant : The act of hooking a vehicle with a person inside is a particularly serious allegation of a breach of peace. This is generally seen as a dangerous and potentially violent act that goes far beyond acceptable self-help repossession methods. 
In essence, that Wells Fargo pursued repossession on a debt that have been canceled, and that their repossession agent used unlawful and dangerous methods, including a clear breach of the peace, during the repossession attempt. 
This situation raises several potential legal claims against both Wells Fargo and XXXX XXXX XXXX, including : * Wrongful Repossession : If the debt was indeed canceled by the 1099-C, the repossession would be unlawful. 
* Breach of the Peace : As discussed in the UCC 9-609 summary, conducting a repossession in a way that causes a public disturbance or involves force or threat of force is a breach of the peace and can lead to liability for Wells Fargo Dealer Services and their agent. 
* Violation of New York State Law : There may be specific New York State laws governing repossession procedures that XXXX XXXX XXXX allegedly violated. 
* Intentional Infliction of Emotional Distress : The actions described, especially the public nature of the incident and the danger created by hooking the vehicle with me inside, could potentially support a claim for intentional infliction of emotiona Distress : The actions described, especially the public nature of the incident and the danger created by hooking the vehicle with me inside, could potentially support a claim for intentional infliction of emotional distress. 
This is a serious situation with potential legal ramifications for both parties involved.

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