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  • Report:  #15043

Complaint Review: Wells Fargo Bank South Dakota AND Quality Car Care - Salina Kansas

Reported By:
- Cleveland, OH,
Submitted:
Updated:

Wells Fargo Bank South Dakota AND Quality Car Care
1100 West Grand Avenue, Bldg. 2D Salina, 67401 Kansas, U.S.A.
Phone:
(785) 827-2500 H-(785) 82
Web:
N/A
Categories:
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Dan Graves

1700 East 13th Street 20ME

Cleveland Ohio 44114

216-849-9587

Subject: Fraudulent Electronic Funds Transfer of $2739.82

Request Refund of charges plus overdraft charges

Dear Readers:

This compliant is about Wells Fargo Bank South Dakota

Wells Fargo Bank South Dakota

Operations Center

P.O. Box 5128

Sioux Falls, SD 57117-5128

1-800-869-3557

My 1991 Plymouth Laser was running bad in Salina, Kansas. I had my car towed to:

T & M Motors - Quality Car Care

1100 West Grand Avenue, Bldg. 2D

Salina, Kansas 67401

(785) 827-2500

The owners of T & M Motors also known as Quality Car Care is:

Anthony (Tony) G. Swetson

Janet S. Swetson

624 South Phillips

Salina, Kansas 67401

(785) 825-8094

I am a disabled Vietnam Veteran living and working in Cleveland Ohio. I have suffered damage as a result of a violation of the consumer protection act.

I had to leave my car with Anthony (Tony) Swetson at T & M Motors and/or Quality Car Care in Salina, Kansas for repair. T & M Motors, Quality Car Care and/or Anthony (Tony) Swetson did nothing to repair my car but charged my Bank Card $2739.82.

I called Anthony (Tony) Swetson many times about my car. Anthony (Tony) Swetson told me he had not had time to get to the car. Tony Swetson called me by telephone in Cleveland, Ohio to get my Bankcard number, which he was not going to bill until after the repair was completed. When he telephoned me for my Bankcard number he said he was going to get to the car that week. He said he would call me with a price after he looked at the car. I called him weekly but the car was not ready and Anthony (Tony) Swetson did not know what the price was going to be. When I received my Bank Statement from Wells Fargo, I found out that T & M Motors had charged my Bankcard two times for $1369.91 each time, for a total of $2739.82. T & M Motors had not done any work to my car. I called Tony Swetson at T & M Motors (1-785- 827-2500) he told me he just did not have time to repair the car and I should take it somewhere else. I asked him about the Charges by T & M Motors on my Bankcard, He told me his shop was named Quality Car Care and not T & M Motors. I found out later from Tyson, a Mechanic who worked at T & M Motors, that Quality Car Care was the same but in the name of Anthony (Tony) Swetson's 14 year old son.

I called my Bank Wells Fargo (1-877-230-8708 Ext. 01561), talked to Jeff and reported this unauthorized Charge. Jeff assigned a number of V0809019008 to my report. I reported this to Wells Fargo on 8/09/2001, the same day Tony Swetson at T & M Motors (1-785- 827-2500) he told me he just did not have time to repair my car and I should take it some where else. On 8/09/2001, the same day I called Marshall Motors to pick up my car. Wells Fargo Bank said they would investigate this. I did not receive any paperwork from Wells Fargo at that time nor was I asked to provide them anything but my statement over the phone. Wells Fargo assigned a Claim Reference Number R1120010001-C to my report.

I called Marshall Motors (1-785-827-9641) the Plymouth Dealer and had Marshall Motors tow my car to their shop. My car was towed to Marshall Motors on 8/10/2001 and a repair ticket was opened. Marshall Motors repaired my car on 8/24/2001 for $1094.44.

T & M Motors did nothing to my car. My car was never in their shop. When my car was towed to T & M Motors it was dropped in an open lot where it set until Marshall Motors towed it to Marshall Motors where it was repaired. I talked to Tyson; a Mechanic who worked at T & M Motors told me that they had not even touched the car.

I called Wells Fargo several times inquiring about this Claim. I talked to David Brooks (1-480-394-2005) which on 11/19/2001 over 3 months after this claim was reported, David Brooks faxed me a form he needed filled out and signed and told me that was all he needed to close this inquiry as he had talked to Anthony (Tony) Swetson at T & M Motors and he had talked to Virgil at Marshall Motors and everything was just like I had reported.

I filled out the form and faxed it back to David Brooks (1-480-394-6398). David Brooks of Wells Fargo said the case was being closed and the $2739.82 was to be left in my Account. Then on 11/20/2001 Michael Martinez from Wells Fargo sent me the same form and information that was faxed to David Brooks the day before. I called David Brooks and he said he had everything he needed and the case was finished and the case was being closed. I did not receive anything in writing about this from Wells Fargo.

On 02/01/2002 without any notice, Wells Fargo took the $2739.82 out of my account again. I called the Bank Card department at Wells Fargo to inquire what this was about as this case R1120010001-C was supposes to have been closed on 11/19/2001. Melisa Smith (1-800-548-9554 Ext. 01541) said they did not have all the paperwork, when asked what paperwork they needed Melisa could not tell me. When talking to Melisa Smith, Melisa said she though this car needed a new special engine. As you can see by the repair invoice from Marshall Motors this car did not need a new engine to be repaired. I was never informed about a new engine until Melisa Smith brought up the subject.

When my car was towed to T & M Motors it was made clear that no after market parts would be used in the repair of my car. I talked to Tyson, a Mechanic who worked at T & M Motors, when I asked Tyson about a new engine he said there were no parts ever ordered for my car as they had not even touched my car.

When Wells Fargo took this $2739.82 out of my account without notice, it put me in an overdraft state and Wells Fargo charged me three (3) $25.00 overdraft Fees for a total of $75.00. I did not receive any paperwork from Wells Fargo to let me know about this withdrawal. I have not received any paperwork from Wells Fargo about the findings of their investigation. I knew the case was supposed to have been closed on 11/19/2001 and the next thing I know was the $2739.82 was again removed from my account on 02/01/2002. This was over 6 months after I reported this to Wells Fargo and about 3 months after the case was closed.

T & M Motors, Quality Car Care, Anthony (Tony) Swetson engaged in an unconscionable act or practice in connection with this transaction. Anthony (Tony) Swetson knew he took advantage of my inability to protect my interests because of my physical work location and my inability to understand the progress of the work being performed on my car.

The price Anthony (Tony) Swetson charged grossly exceeded the price at which the repairs were performed at Marshall Motors. Anthony (Tony) Swetson charged my Bankcard $2739.82 but did nothing to repair my car. I was unable to receive a material benefit from Anthony (Tony) Swetson.

This transaction with T & M Motors induced me to enter into was excessively one-sided in favor of T & M Motors. Anthony (Tony) Swetson made misleading statements of opinion on which I relied to my detriment.

T & M Motors, Quality Car Care, Anthony (Tony) Swetson used a computer, computer system, computer network or Electronic Funds Transfer equipment for the purpose of devising or executing a scheme or artifice with the intent to defraud me or for the purpose of obtaining my money, property or any other thing of value by means of false or fraudulent pretense or representation of the facts.

Anthony (Tony) Swetson intentionally exceeded the limits of authorization given him by processing my Bank Card two times for $1369.91 each time for a total of $2739.82 without doing any work to my car. When I was telephoned and asked for my Bankcard number I expected Ordinary care. I acted in good faith and the observance of reasonable commercial standards of fair dealing.

T & M Motors, Quality Car Care, Anthony (Tony) Swetson made this unauthorized Charge of $2739.82 but Wells Fargo attempt to collect a fee, or enforce this transaction and refusal to make a refund to, me, the consumer is an unconscionable act. I called Wells Fargo (1-800-548-954) and reported this unauthorized Charge the day I knew it was an unauthorized Charge. The time period was less then 60 days from the charge and the day it was discovered. I reported this to Wells Fargo on 8/09/2001, the same day Tony Swetson at T & M Motors (1-785- 827-2500) he told me he just did not have time to repair the car and I should take it some where else. Wells Fargo assigned a Claim Reference Number R1120010001-C to this report.

This case was supposed to have been closed on 11/19/2001 and the next thing I know was the $2739.82 was again removed from my account without notice on 02/01/2002. About 6 months after I reported this unauthorized Charge to Wells Fargo and about 3 months after the case was closed.

All this time I have not been sent a written explanation about Wells Fargo's Investigation. This is truly an unconscionable act on Wells Fargo's part.

Dan Graves

Cleveland, Ohio

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