Consumer complaint received 2024-02-18 00:00:00
Product: Debt collection — Auto debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: WELLS FARGO & COMPANY
State: NY

Complaint narrative:
My vehicle was repossessed by Wells Fargo, who used a predatory debt collection repossession company, XXXX XXXX XXXX, in the State of New York on XX/XX/XXXX, where the car was located the driveway of my home, XXXX XXXX XXXX, XXXX XXXX, NY XXXX. As the driver of the tow truck was looking inside of my car with a flashlight, my boyfriend, XXXX XXXX, and I approached him and asked him to leave and get off of our property. He claimed he was an employee of Wells Fargo and was there to repossess the car. We protested and he became aggressive, abusive and upon XXXX getting inside of the car, the tow truck driver began to hook and jack the car up with him in it. Another man showed up, blocked access to our driveway and claimed that he was the drivers XXXX, and was also was an employee of Wells Fargo. 
They retreated back towards the tow truck and called the police. They lied, not only to the police, but to Wells Fargo as well. According to a letter I received from Wells Fargo on XX/XX/XXXX, there were beyond several inconsistencies from Wells Fargo and the repossession agents. 
You claimed to have tried to reach me to no avail. I had been in constant phone contact with you during this entire time, which I have recordings of. 
You claim that the car was repossessed because you had not received payments for the months of XXXX, XXXX, XXXX, XXXX and XXXX of XXXX. On a statement dated XX/XX/XXXX you claim I owed {$2300.00}. It also shows a payment I made on XX/XX/XXXX for {$1300.00}. We had an agreement that on XX/XX/XXXX I would make a payment over the phone to you that would get me up to date with back payments and at this time you would remove the red flag for repossession from my account. You had the car repossessed on XX/XX/XXXX. 
According to the letter mailed to me on XX/XX/XXXX, you claimed to have received a statement from XXXX XXXX XXXX XXXX XXXX stating the following : In a statement provided by XXXX XXXX XXXX XXXX XXXXXXXX, the repossession agent claims the local police department was contacted for safety reasons for assistance during the repossession. There was a breach of peace at this point and the repossession agent should have left according to the New York State and Federal laws covered by the Uniform Commercial Code. 
XXXX XXXX XXXX XXXXXXXX XXXX was not present during the repossession, XXXX XXXX XXXX was. 
The statement continues : The response from the repossession agent stated the interaction occurred on the street of the recovery location, and the police was called due to your husband 's threatening nature, and they have responded to the claim. Their drivers only interaction with the customer was after the police came to inform you to contact us to redeem the vehicle. The stated your husband was aggressive with their driver, causing the driver to contact the police department, and at no time did the driver threaten anyone. The advised you called on XX/XX/XXXX, to make a property appointment, but has not made an actual appointment yet. They will release the lot address once the customer sets an appointment for security reasons. The repossession company stated no police report was filed of the incident. 
According to my personal phone recordings, home surveillance videos and the body cam videos from the XXXX XXXX Police officers, the following statements will prove to be false. The interactions occurred in my driveway, nowhere near the street. 
The only threatening behavior was the XXXX employees blocking XXXX back into the car, after telling him to get out and blocking us in our driveway, along with degrading and deplorable comments being made to us, for example, calling us deadbeats and pay your bills. 
They claim no police report was filed of the incident. 
A breach of peace began immediately. The minute we asked the repossession company to leave, they, by New York State and Federal law, should have, and did not. It became very heated and volatile. 
According to the police reports obtained by the XXXX XXXX, NY, several different addresses were given for XXXX XXXX XXXX, which I have noted above. According to a phone call I had with Wells Fargo on XX/XX/XXXX to discuss this issue, you claimed to have no relationship with XXXX XXXX XXXX, that you use XXXX XXXX XXXX XXXX  XXXX. When I called XXXX XXXX XXXX XXXXXXXX XXXX to try and find out what to do on XX/XX/XXXX, I was hung up on. Upon contacting XXXX XXXX XXXX on XX/XX/XXXX, I was told to check my email and the only way to retrieve any of my belongings was to sign a document stating that I had already received my belongings and to email them a copy of my drivers license. I refused and was told then I would not be given their address and I could not retrieve my belongings. I was hung up on. 
To date, my license plates have not been returned to the New York State Department of Motor Vehicles, my New York State XXXX XXXX has not been returned, nor any of my personal belongings that were inside of the vehicle. 
I have contacted you on several occasions to remedy these problems, been told there was an investigation into it, then told the investigation was closed, then re-opened, etc. I have gotten nowhere with you and now a repossession is listed on my credit report and I demand it be removed immediately. 
Under the laws of the State of New York, New York States Uniform Commercial Code, as well as New York States RISA and MVISA statutes, a deficiency can not be claimed unless all of the required notices were properly and timely given and all of the allowable redemption and cure time limits were adhered to. You did not follow these laws and statutes.

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