Date Received: 2023-08-15
Issue: Managing an account
Subissue: Problem making or receiving payments
Consumer Complaint: Wells Fargo approved provisional credit because cash app closed my account with out my knowledge I transferred my social security payment because my wells Fargo cards do not work and they won't fix it the transaction went through but I can not access my account when I sign into cash app it stated your account has been closed and returns me to lo g in I reached out to cash app the say the funds are not there I filed a claim with Wells Fargo and they provide credit now they reversed and my account is negative but I never had any access to the original ssi payment
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 32726
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Other transaction problem
Subissue:
Consumer Complaint: I bank with Wells Fargo. On XXXX at XXXX I received a text message stating someone had tried to use XXXX to wire XXXX from my account. It looked like an automated text from Wells Fargo. The text was immediately followed by a phone call appearing to be from Wells Fargos customer service number. I was in a meeting and ignored it. They called me again and I answered to which they informed me of the attempted XXXX and another attempted wire from my savings account - the second being for XXXX. I told them no, this was fraud and I did not attempt to wire any money to anyone. They then walked me through verifying my account which I did. They then said that I had to file a claim that involved submitting a dummy transfer from my account and that this was the only way I could do it without going into a branch. There are no Wells Fargo branches near me since Ive moved so I felt like this was my only option. They walked me through the dummy transfer that included sending verification texts from my account. Because I received the texts when they sent them, and because they were spoofing Wells Fargos customer service number, I believed them even though the whole thing weirded me out. I finished with them and they kept me on the line while they changed over my accounts to keep me protected from fraud. This kept me from answering any calls from Wells Fargo about a wire transfer. They told me to stay out of my account for 24 hours while they tracked the usage for those people that tried to hack me. Again - this was from people posing as Wells Fargo. I literally gave them all of my information for verification purposes and they used it to do basically anything with my account. I received a notification of an approved wire transfer, even though I had never talked with from Wells Fargo at around XXXX. I think the scammers used the info they gained from me to approve the transfer. At XXXX I was thinking the whole thing felt weird so I called Wells Fargo to ask about it and, of course, the said it never happened. At that point they deactivated my online account, supposedly marked the transfer as fraud, and transferred me to someone to set me up with all new accounts and card information who explained to me that they would review everything and get back to me in 5-10 business days. I called back Friday morning, XXXX, and talked to someone. They mentioned in passing that the wire had been marked as unauthorized and that was associated with the claim but it would take 5-10 days for the claim to process. Also, during this time, a banker aquaintenance sent me a link to XXXX. This clearly states that my whole experience is a known Wells Fargo scam. Fast forward to Tuesday, XXXX. I called Wells Fargo to check on the claim and they said the claims is denied b/c the transfer was approved. Yes, I may have approved the transfer accidentally, initially, because I thought I was talking to them, but they never verified it over the phone with me (because the scammers kept me on the phone). Their attempt to pull it back was to send a note to the other bank (XXXX XXXX) to let them know the wire was unauthorized. Then they just wait to see what happens? Apparently this is a known scam. Wells Fargo has to know about the scam. I told them it happened less than 3 hours after the initial wire. It doesnt appear like Wells Fargo attempted at all to retrieve the money even though the scammers obviously believed they could if it was within 24 hours of the wire (and 3 hours is far, far below that mark). What is their process for this. Why wasnt it effective at this time? No one can tell me. XXXX gone from my savings because people pretending to be them did all the things Wells Fargo does. Im not saying Im not an XXXX - because there were red flags in my mind that caused me to reach out after. What I am mad about is that I reported the wire as unauthorized almost as soon as it happened and their bureacracy is saying 1) it wasnt fraud b/c it was authorized even though they never verified it over the phone and 2) a different department handles wire reclaims (not the fraud department who is saying their part is done). I feel like Wells Fargo isnt doing their part to protect their customers from scams/ fraud (which are pretty similar in my opinion) and using bureacracy to get out of responsibility. All they have done to reclaim the wire is send notice to the other bank and just wait for them to respond. They sent a second notice today XXXX) and will wait for a similar no response. If this is the procedure used across the board to handle this kind of thing, then banks everywhere can have a gentlemans agreement not to respond and then its not their problem to deal with. Wells Fargo needs to be help accountable for their banking process. My cell phone company has more steps to verify I am who I say I am and thats for a XXXX cell phone, not an institution that regular processes huge sums of money. They need to do better. I will also say that the online account they compromised and used for this is one I literally never use. We do all of our banking transactions through my husbands online account (because of the way bill pay was initially). I log in to this account maybe 2-3 times per year and thats to easily look at my credit score. To send an XXXX wire through this account would be extremely weird and there was nothing to verify it pending the send. We also never send wires or do anything from our savings account. If we need to access the money in savings I transfer it from savings to checking. If they look, there would never be any money spent directly from savings. All this to say, Wells Fargo IS NOT going to lengths to protect their customers and they need to be 100% held accountable.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OH
Zip: 44312
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-16
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I filed a dispute with the company in regard to the incorrect items on my credit report. It has been well over 30 days and I haven't received any investigation results. The company received my disputes on XX/XX/XXXX. It is now XX/XX/XXXX and I've yet to hear back from the company, The FCRA gives the company 30 days to respond, I have not gotten a response.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: SC
Zip: 29203
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-16
Issue: Advertising and marketing, including promotional offers
Subissue: Didn't receive advertised or promotional terms
Consumer Complaint: Since XXXX, 2023, I have attempted to receive the 2 % cash back on my purchases per Wells Fargo 's Cash Rewards on purchases.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-16
Issue: Problem with customer service
Subissue:
Consumer Complaint: Well I have always been a very loyal customer to Wells Fargo all these years I always had my money going missing from my account with them I had to call them about it I had to get a new debit card because somebody took money from my account twice someone took XXXX dollars from me XXXX is always taking money from me too Im going be switching banks soon
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: SC
Zip: 295XX
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-16
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I sent XXXX XXXX dollar postal money order to Wells Fargo. On the face of each money order, I expressed the following : " I accept your offer in the amount of {$910.00} ( the other {$1000.00} ) for Value Consideration and Tender this payment for the complete amount and Accord in Satisfaction per UCC 3-603, UCC 3-111 upon redeeming this instrument. Without recourse/XXXX XXXX XXXX Wells Fargo redeemed the instrument but didn't discharge the debt for the complete amount. To whom it may concern : Enclosed is payment method sent ( i.e. : XXXX XXXX Money-Order, coupon, XXXX, etc. ) made out to XXXX XXXX to discharge the above referenced account for settlement and closure. The attached Negotiable Instrument was presented under the authority of House Joint Resolution 192, Public Law 73-10, UCC 3-104 ( c ), Spencer v. Sterling Bank , 63 Cal Ap. 4th 1055 ( 1998 ), Guaranty Trust Co. Of NY v. Henwood et al, 307 U.S. 247 ( FN3 ), the Within Negotiable Instruments, Vol. III ( including 2006 Supplement ) on the Undersigned 's UCC Contract Trust Account. " The entire taxing and monetary systems are hereby placed under the U.C.C. '' ( Uniform Commercial Code ) - The Federal Tax Lien Act of 1966. Please send receipt for discharge to the address above in care of my notary public/attesting witness within 3 days of deposit. As everyone should know, lawful money was removed from our economy by congress in 1933 by HJR 192 ( House Joint Resolution ) and replaced with negotiable instruments. These negotiable instruments are considered as legal tender on the same par and category as Federal Reserve notes. They represent a mortgage on all the homes and personal property of all the American people. This mortgage was placed without proper legal authorization by congress and the Supreme Court required that a remedy had to be given to the American people who were principals and sureties for the national debt. This remedy is to discharge debt for the people who demanded it. We the People were made private bankers according to the law with the authority to issue notes to discharge lawful debts. This must remain in effect until lawful money and the property is returned to, We the People without any encumbrances. HJR 192 : Now, there-fore be it. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That ( a ) every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public policy ; and no such provision shall be contained in or made with respect to any obligation hereafter incurred. Every obligation, heretofore or hereafter incurred, whether or not any such provision is contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any coin or currency which at the time of payment is legal tender for public and private debts. LEGAL TENDER DEFINED Legal tender under the Uniform Commercial Code ( U.C.C. ), Section 1-201 ( 24 ) ( Official Comment ) ; The referenced Official Comment notes that the definition of money is not limited to legal tender under the U.C.C. The test adopted is that of sanction of government, whether by authorization before issue or adoption afterward, which recognizes the circulating medium as a part of the official currency of that government. The narrow view that money is limited to legal tender is rejected. In light of the holding of Guaranty Trust Company vs. Henwood, 307 U.S. 247 ( 1939 ), a Federal US court of appeals ruled on Title 31 USC 5118. As of October 27, 1977, legal tender for discharge of debt is no longer required. That is because legal tender is not in circulation at par with promises to pay credit. Requirement of repayment of debt is against Public Policy, since legal tender was not loaned [ nor in circulation ] they can not demand payment in any [ particular ] form of coin or currency or legal tender and repayment [ or payment ] need only be made in equivalent kind ; A negotiable instrument. HJR-192, Public Law 73-10 and Title 31 USC 5118 prohibits Banks/creditors from demanding any specific specie of payment. All Banks must process lawful United States currency. Failure to do so is interference with commerce, a felony under the RICO ACT, 18 USC 1951. If you believe you have a lawful reason to Dishonor this negotiable instrument you must return it to the Agent above with lawful reason ( s ) fully stated and cited, sworn under your unlimited liability. Failure to provide lawful reason ( s ), or to misdirect this instrument, is grounds for a complaint to the FTC under the FDCPA ( Fair Debt Collection Practices Act ), 15 USC 1692a1. It is your duty to honor this instrument for payment, to know, abide by and operate under the law. 18 USC 8 applies. Commercial instruments are legal tender for the payment of debt in accordance with 31 USC 5118 and other statutes/code. Failure to process and credit the intended account will result in a request of the Postal Inspectors office [ to investigate and audit the accounts balance sheet? Optional ] and file IRS Form 3949A Information referral to the CID ( Criminal Investigation Division ) of the IRS. The XXXX ( Uniform Commercial Code ) defines a negotiable instrument as an unconditioned writing that promises or orders the payment of a fixed amount of money. To be considered negotiable an instrument must meet the requirements stated in Article 3. U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS 3-104. NEGOTIABLE INSTRUMENT. ( a ) '' negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money ( b ) " Instrument '' means a negotiable instrument. FRN 's VALUELESS The Federal Reserve Bank in its booklet ; MODERN MONEY MECHANICS page 3, states ; In the United States neither paper currency nor deposits have as commodities. Intrinsically, a dollar bill is just a piece of paper, deposits merely book entries. The giving a ( federal reserve ) note does not constitute payment. See Echart v Commissioners C.C.A., 42 Fd2d 158. The use of a ( federal reserve ) 'Note ' is only a promise to pay. See Fidelity Savings v Grimes, 131 P2d 894. Legal Tender ( federal reserve ) Notes are not good and lawful money of the United States. See Rains v State, 226 S.W. 189. That ( federal reserve ) 'Notes do not operate as payment in the absences of an agreement that they shall constitute payment. ' See Blachshear Mfg. Co. v Harrell, 2 S.E. 2d 766. Federal Reserve Notes are valueless. See IRS Codes Section 1.1001-1 ( 4657 ) C.C.H. ). REJECTION Arizona, Commercial Code 3603/UCC 3-603 ; If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender... Failure to accept this Note for deposit and discharge of this debt is lawfully considered theft, fraud, conspiracy, collusion, racketeering, and denial of due process. I believe there is no evidence to the contrary. Otherwise, provide lawful proof of claim by presenting to me lawful document/s that show that you have the lawful authority to dishonor my Note. Failure to provide lawfully documented evidence that is certified lawful, true, and correct by notarized affidavit that is signed under penalties of the law including perjury will be default. Failure to honor this legal tender requires you to ; Surrender all public hazard bonds, corporate bonds, blanket bonds, insurance policies, CAFR funds, 401-k ( s ), 801k ( s ), retirement funds, personal wealth and properties, or any other source of revenue as needed to cure your dishonor in commerce and submit to the authorities for criminal prosecution. Evidences of debt are not money and are not legal tender ( checks, credit cards, lines of credit, demand deposits, credit, letters of credit, and checkbook money ). Howard & Foster Co. v. Citizens National Bank of Union. 33 S.C. 202, 130 S.E. 758 Norton Grocery Co. v. Peoples Nat. Bank, 144 S.E. 501, 151 Va 195 Checks, drafts, money orders, and bank notes are not lawful money of the United States. State v. Neilon 73, Pac. 3211, 43 Ore. 168 A national bank can not lend its credit to another by becoming surety, endorser, or guarantor for him, such an act being ultra vires. Merchants Bank v. Baird 160 F. 642
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 31907
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-16
Issue: Fraud or scam
Subissue:
Consumer Complaint: To whom this may concern, My name is XXXX XXXX and I am about to close on a house. The day I was suppose to transfer the remaining amount to close the house ( XXXX ) I was getting email intrusions on how and where to wire the amount to. The emails that were instructing me looked exactly the same as all the agents that were involved in the transactions and had the same email signature. I went to Wells Fargo and did the wire transfer which went through yesterday ( XX/XX/XXXX ) and found out about the fraud today ( XX/XX/XXXX ). Please someone help me this is all the money I have saved and worked hard for over the years. I have an XXXX XXXX XXXX boy and XXXX XXXX XXXX daughter. We are currently XX/XX/XXXXand have sold our condo which was the money that we wired. I have attached the fraud account that was sent to me. XXXX XXXX is the bank that received me money which was not the right bank.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 90638
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-16
Issue: Closing an account
Subissue: Funds not received from closed account
Consumer Complaint: I XXXX XXXX had my bank account closed and my withheld because of a deposit I made was suspect of fraud. In the month of XXXX of 2023 the bank withheld {$4900.00} of my personal money.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 77070
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-16
Issue: Managing an account
Subissue: Banking errors
Consumer Complaint: I would like to file a Complaint against Wells Fargo Bank. The particular location is XXXX, DE. My checking account number is XXXX. As of this morning, XXXX XXXX, 2023, I had a balance of approximately {$4100.00} in my account. I went to the branch and deposited an additional amount of {$4900.00} in my account in the form of a check drawn on Wells Fargo by one of their customers payable to me. I was soon thereafter alerted by email that my account was overdrawn by approximately {$800.00}. Returning to the branch, I was told that my XXXX deposited was debited against my account rather than credited. I confirmed this by looking online at my account. The bank stated they were unable to correct the problem. I am thus out {$9000.00}, the original XXXX. I had on deposit plus my XXXX deposit. There is no response from the branch or Wells Fargo on line customer service.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: DE
Zip: 199XX
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: I was contacted by someone saying they were a process server trying to get a hold of me at my residence. I was at work at the time so I was given a phone number to contact and a case or reference number. I contacted the number provided and was speaking to a man named XXXX extension XXXX that told me he was trying to collect a past due debt from Wells Fargo bank. I indeed did have an outstanding debt from Wells Fargo and they also had my current and previous address which they said they had sent me mail to which was made this whole situation seem legit. He said that Wells Fargo was summoning me to court to file a lawsuit against me in an attempt to collect this debt. Myself not wanting to deal with the court and lawyer fees asked how to take care of the debt immediately. I was told I would be sent an email providing me with a link to where I could pay off the balance and avoid all the extra fees and being summoned to court. I followed the instructions on the email, providing a payment method by credit card and after providing the payment was given assurance that no further action would be taken. I paid a total of {$2100.00}. I was sent a receipt for payment stating XXXX balance. Something about the name on the header made me skeptical about what had just happened. I have contacted discover fraud department trying to put a stop to the pending payment but even after speaking with a supervisor was unfortunately told there was nothing I could do and that the payment will stand. I since have contacted the attorney generals office.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 85254
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A