Consumer complaint received 2025-03-20 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Deficiency balance after repossession
Company: WELLS FARGO & COMPANY
State: TX

Complaint narrative:
Subject : Dispute of Inaccurate Repossession Violation of Federal and Texas State Laws To Whom It May Concern :, I am formally disputing the repossession account reported by Wells Fargo Auto on my credit report. The information being reported is inaccurate and incomplete, violating my rights under federal and Texas state laws. I request immediate removal of this account from my credit file under the Fair Credit Reporting Act ( FCRA ) and other applicable regulations.

Grounds for Dispute & Legal Violations 1. Inaccurate Balance Reporting Violation of FCRA 1681s-2 ( a ) o The balance reported is inaccurate and unverifiable under the Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ( a ) ), which requires data furnishers to report only accurate and complete information.

o I demand a detailed validation of the balance, including an itemized breakdown of all fees and charges. If the lender can not provide this, the account must be deleted.

2. Failure to Provide a Right to Redeem Letter Violation of UCC 9-613 & Texas Business & Commerce Code 9.614 o Texas law requires lenders to send a Notice of Sale and Right to Redeem before selling a repossessed vehicle. I never received this notice.

o Under Texas Business & Commerce Code 9.614, the failure to provide this notice invalidates the repossession and its reporting on my credit file.

3. Failure to Conduct a Commercially Reasonable Sale Violation of UCC 9-610 o The Uniform Commercial Code requires lenders to sell repossessed vehicles in a commercially reasonable manner.

o I demand documentation proving the vehicle was sold fairly, including the sale price, date, and method of sale. If this can o not be verified, the account must be removed.

4. Unfair Collection Practices Violation of FDCPA ( 15 U.S.C. 1692 ) & Texas Debt Collection Act ( TDCA ) o If any third-party debt collectors were involved in collecting the deficiency balance, they must comply with the Fair Debt Collection Practices Act ( FDCPA, 15 U.S.C. 1692 ) and Texas Finance Code 392.001.

o If they misrepresented the amount owed, attempted to collect unauthorized fees, or engaged in unfair practices, the account must be deleted.

5. Failure to Properly Disclose Loan Terms Violation of the Truth in Lending Act ( TILA, 15 U.S.C. 1601 ) o If the lender failed to disclose the repossession process or finance terms properly, this constitutes a Truth in Lending Act violation and renders the debt unenforceable.

6. Uniform Commercial Code ( UCC ) UCC 9-609 to 9-625 Applies to repossessions and requires lenders to follow proper procedures.

Under UCC 9-609, lenders can not breach the peace when repossessing your vehicle. If they entered private property without consent or used force/intimidation, this may be unlawful.

My Garage was entered unlawfully and without my consent to retrieve my vehicle Request for Immediate Action Under FCRA 1681i, credit bureaus must investigate disputed accounts within 30 days. I formally request : Removal of this repossession from my credit file due to the violations outlined above.

A copy of the lenders investigation and verification of the reported balance.

A written statement confirming the deletion of this item or an explanation of why it remains, as required under FCRA 1681i ( a ) ( 6 ).

If this dispute is not resolved within the timeframe required by law, I will escalate this matter to the Consumer Financial Protection Bureau ( CFPB ), Texas Attorney General, and Federal Trade Commission ( FTC ) for further investigation and enforcement.

Please respond in writing to confirm the deletion or verification of this account. 
Sincerely, XXXX XXXX

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