Consumer complaint received 2025-06-04 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: WELLS FARGO & COMPANY
State: NJ

Complaint narrative:
This Notice constitutes a formal legal dispute, rebuttal, and demand for immediate corrective action in response to Wells Fargo Bank, N.A.s willful, knowing, and fraudulent initiation of a civil debt collection claim through XXXX XXXX XXXX XXXX., in blatant violation of the Wells Fargo Bank, N.A.s own contractually binding arbitration agreement, federal consumer protection statutes, and uniform commercial laws. This matter, which has now unjustly persisted for over fifteen ( 15 ) months, represents not only a gross abuse of judicial process but a deliberate act of fraud upon the court, a material breach of contract, and a direct violation of my protected rights under federal law. 

Wells Fargo, through its own SEC filings, has admitted to transferring, selling, and securitizing its rights, title, and interest in credit card receivables, thereby forfeiting any legal capacity to enforce or collect on the alleged obligation. The filing of a lawsuit in public court, absent standing or lawful authority, and in breach of a mandatory arbitration clause, renders the action void ab initiolegally null and without effect. This notice places Wells Fargo and its acting counsel on final notice of their continued bad faith, misrepresentation, unjust enrichment, identity theft, and privacy violations and demands immediate compliance, remedy, and restitution under penalty of law. 

I. NOTICE OF CONTRACTUAL BREACH : BINDING ARBITRATION CLAUSE VIOLATION Wells Fargo Bank, N.A., by and through its alleged counsel XXXXXXXX XXXX XXXXXXXX XXXX has knowingly and willfully initiated a civil lawsuit in public court in violation of its own contractually binding arbitration clause. The Wells Fargo Active Cash Credit Card Account Agreement and XXXX XXXX XXXX XXXX XXXX both state, unequivocally : " YOU UNDERSTAND AND AGREE THAT YOU AND THE BANK ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. '' " As the sole exception to this Arbitration Agreement, you and the Bank retain the right to pursue in small claims court any Dispute that is within that court 's jurisdiction. '' Wells Fargos decision to file this claim in the Law Division Special Civil Part of the XXXX XXXX XXXX XXXX rather than in small claims court constitutes an explicit breach of contract, fraud upon the court, misrepresentation, and vexatious litigation. 

II. LACK OF STANDING WELLS FARGO IS NOT THE REAL PARTY IN INTEREST Wells Fargo has forfeited standing to bring any collection action as it is no longer the holder in due course or real party in interest to the alleged receivable. Pursuant to the attached SEC Receivables Purchase Agreement ( XXXX  XXXX ), Wells Fargo Bank , N.A . has : " ... sold, conveyed, transferred and assigned all right, title and interest in and to the Receivables ... '' Once securitized and transferred into a special purpose entity ( SPE ), Wells Fargo Bank , N.A . can not assert ownership or enforcement rights. As confirmed in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : " A party must establish both the right to enforce the obligation and actual ownership of the note or receivable. '' Wells Fargos failure to produce a verifiable claim via sworn affidavit under penalty of perjury, a certified chain of title, or GAAP-compliant accounting of double-entry bookkeeping journal entries ( accounts payable, accounts receivable of all debits and credits ) confirming its retained rights proves its lack of standing and jurisdiction. 

III. VIOLATIONS OF FEDERAL LAW Fair Credit Reporting Act ( FCRA ) : Reporting or furnishing of incomplete, inaccurate, or false trade-lines related to the disputed receivable without verifying ownership or standing violates 15 U.S.C. 1681s-2.

Fair Debt Collection Practices Act ( FDCPA ) : Initiating legal action without standing or substantiating documentation is a violation of 15 U.S.C. 1692e, 1692f.

Fair Credit Billing Act ( FCBA ) : Failure to investigate and resolve billing errors and properly acknowledge dispute notices.

Right to Privacy Violations : Unauthorized use of personally identifiable information ( PII ) for the monetization and securitization of the receivable constitutes identity theft and misappropriation.

IV. DEMAND FOR VOLUNTARY DISMISSAL AND CEASE & DESIST You are hereby demanded to immediately : File a Notice of Voluntary Dismissal or Notice of Nonsuit with prejudice in the XXXX XXXX XXXX XXXX. 

Cease and desist from any further litigation, collection activity, or derogatory reporting regarding this alleged debt. 

Provide written confirmation that the dispute is resolved in full. 

Failure to comply within fifteen ( 15 ) business days will result in : An immediate separate claim for damages including but not limited to fraud, defamation, legal costs, unjust enrichment, identity theft, and emotional distress.

Complaints filed with the CFPB, SEC, FTC, IRS, and both the State and U.S. Attorney Generals.

V. UNJUST ENRICHMENT & MISAPPROPRIATION OF PII Wells Fargo has monetized the alleged receivable through securitization and sale, while still attempting to extract payment from me. This constitutes double dipping and unjust enrichment. Further, your unauthorized use of my personally identifiable information ( PII ) to create financial instruments and assign XXXX  without consent is a violation of fiduciary trust and grounds for claims under : UCC 9-210 ( Right to accounting ) ; Restatement ( Third ) of Restitution and Unjust Enrichment 1 ; 15 U.S.C. 6801 et seq. ( GLBA privacy protections ). 

Wells Fargo Bank , N.A . and its agents are now demanded to : Immediately delete and permanently suppress any and all trade-lines or records reported to any and all consumer reporting agencies ; Provide a full accounting ledger and disbursement register related to all proceeds, receivable sales, trust instruments, and affiliated XXXX  ; Reimburse all proceeds, funds, credits, gains, and/or other value realized from the monetization of this account and my PII in accordance with UCC 9-315 ( c ). 

VI. REVOCATION OF ASSUMED POWER OF ATTORNEY I hereby issue a full, lawful, and immediate revocation of all assumed power of attorney or agency authority, whether : Express or implied, Verbal or non-verbal, Written or unwritten, Tangible or intangible, Digital, electronic, or mechanical.

Wells Fargo Bank , N.A . and its agents no longer have consent or lawful capacity to represent or act on my behalf in any forum, transaction, contract, or proceeding. 

VII. FINAL DECLARATION & DEMAND FOR CLOSURE Wells Fargo Bank , N.A . has engaged in vexatious litigation for over 15 months without standing, jurisdiction, lawful documentation, or contractual authority, and have cost me time, resources, peace, and credit standing. I hereby demand : Immediate dismissal of your claim with prejudice ; Full deletion of the trade-line from any and all consumer reporting agencies in perpetuity ; Payment of no less than {$35000.00} USD in compensatory damages for fraud, defamation, privacy violations, litigation abuse, and emotional harm and distress ; Reimbursement of all court fees and legal costs incurred as a result of defending against your frivolous claim.

GOVERN YOURSELVES ACCORDINGLY.

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