Wells Fargo, aka Norwest admits destroying original documents as a matter of practice. ripoff Nationwide California *UPDATE ..Victory!
When I received a recent copy of my credit report, I was not amused to find Wells Fargo had filed information with Equifax alleging my being a guarantor on my wife's credit card, which they were now calling a joint account.
I contacted the Wells Fargo credit disputes department (877) 778 8899 and spoke to Jason at extension 6475. He informed me that I was indeed a guarantor on the account. When I asked him if he could produce documentation to that effect, he said he could.
I made several calls to various others in a variety of departments within Wells Fargo and got a mixed bag of responses, some, thankfully, saying they would send my wife and me documentation specifically stating I was not a guarantor. We'll see. The most compelling however was a Wells Fargo employee's flat out admission that Wells Fargo DESTROYS ALL ORIGINAL CREDIT CARD APPLICATIONS AFTER 90 DAYS as a matter of practice.
Therefore, not only is it impossible for Wells Fargo to prove I signed the application, it is also impossible for me to prove I didn't.
This poses a bit of a problem for me as I filed corporate and therefore personal bankruptcy back in 2001. I was not of the impression, and rightly so, that I was a guarantor on my wife's account. But by failing to list her card debt on my schedules, and according to the very confident Jason mentioned above, I had committed Bankruptcy Fraud. He recommended I contact my attorney.
According to Equifax, Wells Fargo in Oregon filed the information with the credit reporting agency. According to the very confident Jason, it was Wells Fargo East, or Norwest, who reported the information to Wells Fargo credit disputes. The bank that issued my wife's card used to be Norwest, in Colorado.
When I filed bankruptcy, I was sued on allegations of fraud by a Colorado law firm, Brown Berardini & Dunning, representing Key Bank. If they could prove fraud, some pre-exsisting loan debt my corporation (and therefore I) owed would not be discharged by the bankruptcy courts and I'd have to pay it all back to Key Bank, plus atty fees, fines, etc. In all, they filed the complaint three times in Denver and I think even once in Boulder. Because there was no case to begin with, and for reasons having to do with Key Bank's own lending officer's business practices, according to Brown Berardini & Dunning's own litigator, Harvey Kramer, who once referred to his own client as a shmuck, Key Bank and BB&D withdrew the complaint with prejudice. I'm told it was a huge blow to their ego.
Now get this. This same firm, BB&D, with the bruised ego, represents the Norwest (now Wells Fargo) branch where my wife obtained her credit card. This is the same branch where an employee admitted all original documents are destroyed. Coincidental? If this business with Wells Fargo had been "known" to BB&D, it would make for a pretty air-tight fraud case. Might explain why they pushed forward against me in the absence of any evidence of fraud. But of course, I'm only speculating. Only Key Bank and BB&D know the real truth.
Anyone who's been negatively affected by Wells Fargo's blatantly self-serving instrument for wrongdoing will be thrilled to know I recorded every single conversation. I have also been informed that the tapes are entirely admissible in a court of law.
I have checked the box indicating I am willing to be contacted by the media or consumer advocates. These big banks are totally out of control and I wonder sometimes if the OCC is no more than a sleeping mouse or worse, on somebody's payroll. If anyone wants the story, or to add to it, contact me or add your spin here. I'll be watching.
Anyway - the point here is that Wells Fargo admits they destroy all original credit card applications which essentially are contracts. If you're applying for a credit card, you had better have them make you copies of everything. I was also told you can request hard copy be retained in your file - not that you'll ever see it again.
Cameron
Portland, Maine
Click here to read other Rip Off Reports on Wells Fargo Bank
2 Updates & Rebuttals
VICTORY
#30
Fri, September 13, 2002
Shortly after I filed this report I contacted Experian, the Office of the Comptroller of Currencies, one of my attornies and a representative of the Department of Justice. Needless to say, I've learned a few things in the process.
The rebuttal to my original report does not immediately address the actual complaint and is likely intended to distract the reader from the real issue, being misrepresentation on behalf of Wells Fargo. Don't be mislead. It is entirely possible that due to the absence of original paperwork, Wells Fargo has the ability to change crucial information and record it as fact, which can be used against you. The rebuttal states "It's a cost issue". What does that tell you about Wells Fargo? Never mind why they don't keep originals or the Federal regulations supporting it. The bottom line is they destroy original credit card apps. The rebuttal itself is further substantiation that this is true.
I have also been advised that without original documentation, (a national bank) will probably not take a similar case to court - so keep that in mind if you're in a situation where questions over who the guarantor on the account is comes up. One response might be to couter-sue for fraud. In my case, they tried to intimidate me. I recorded all the calls and transcripts are being sent to the OCC along with my complaint.
A few days after I contacted the OCC, et al, my wife received a call at home from Wells Fargo. It was a woman I had spoken to previously who accused me of withholding information with intent to sue Wells Fargo. She told my wife they have taken my name off of the account, informed her that I was never a guarantor and will be contacting all of the credit reporting agencies to remove the report from my credit history.
I contacted her myself and she agreed to send me, within fifteen days, a letter indicating I was never a guarantor on the acount. Again, the call was taped, along with that incredible contradiction.
So you see, if you let them push you around, they will. If you stand up to them, you may be surprised, as I have been, that the Feds are genuinely interested in questionable banking practices and will assist you if you are willing to deliver adequate substantiation of the facts.
Scott
walnut creek,California,
Federal Regulations
#3UPDATE Employee
Fri, September 06, 2002
Sir, Federal Regulation, Regulations B,Z,M allow financial institutions to keep electronic copies of documents instead of originals. Financial Insitutions are required to retain evidence that all Federal disclosures have been made to the customer. Although the actual record retention requirements for Federal Regulations as far as the length of time required to keep evidence differs slightly among the regulations but it is generally 2 years.
It's a cost issue.... The cost of retaining electronic copies of documents is far less then keeping paper copies.