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  • Report:  #82824

Complaint Review: Wells Fargo Bank - Phoenix Arizona

Reported By:
- Lawton, Oklahoma,
Submitted:
Updated:

Wells Fargo Bank
100 W Washington Phoenix, 85003 Arizona, U.S.A.
Web:
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Back in August 2002 I received a form letter notification from Wells Fargo bank that my account has been monitored for suspicious activity, "excessive deposits". This account was a free account I had for my teenage son to use to cash money orders that I would occasionally send him. I had not sent him anything recently and was suspicious as soon as I received the first letter. I am in the military and was stationed in Korea at the time, so I actually received the letter 2 weeks after it was sent. This letter was dated 2 August 2002 and I received it on or about the 18 of August.

A week later I received another form letter, Dated 8 August 2002 stating that "A business" decision to end my deposit relationship and account closing procedure were in the process.

I was not aware that prior to sending me these two letters, that close to $10,000 in fraudulent activity in the form of cashing of stolen checks, depositing of the same at 45 or more different ATM across the Phoenix area and purchases made with the card. Stuff that I automatically became responsible for.

Needless to say after receiving the first letter I began making phone calls. (By the way: Don't call CUSTOMER SERVICE or the FRAUD HOTLINE unless you have a Snickers handy, you will be there awhile.) As stated earlier I was stationed in Korea at the time and had to call early in the morning there in able to catch someone during business hours here in the states. After many long holds, many transfers, and numerous times of having to explain the nature of my issue over and over again. I was FINALLY put in contact with TINA. She explained the process and told me I had 60 days to figure it out or that I would be responsible for the charges.

By the time I was able to get in contact with TINA, I was in the process of returning to the states and asked her to get approval to have this investigation extended by 30 days in order for me to get back to the states and deal with this personally. After much complaining about it, I was granted a 30-day extension, which gave me two weeks after I returned to further investigate what was going on. Right before I left Korea, I got a letter THANKING me for contacting the WELLS FARGO Services Company but due to "INSUFFICIENT INFORMATION" they were going to "DENY MY CLAIM" This letter was dated 19 August 2002, I received it around 28 September 2002.

After having called everyday, even several times a day I was told my claim had been denied. Before my claim being denied I called the Wells Fargo Bank in Phoenix where I opened the account and spoke with a teller she went well out of her way to help me. She had spoken with my actual fraud investigator telling her (Tina and she has a foreign accent) "She definitely believed I was telling the truth". However, I guess that Tina didn't care what another Wells Fargo believed, because my claim was denied.

I believe it was at this point that WELLS FARGO turned this claim over to Rick Aquino the Collections Manager. I got a letter from him dated 29 August 2002 stating that this account had been overdrawn some $3700 for 15 days and that this balance was due immediately. Call 1-877-461-3644 to discuss this matter. I did and after being put on FORGET many times, had to re-explain what TINA and I was able to work out, but apparently she did not notify whom she need to and this is the result. Rick didn't care to hear the story much either and was only concerned with COLLECTING this debt. I received this letter around the 5 of October and another one similar to in on the 8th of October (this one dated 10 September) I left Korea on the 16 October and had two other letters sent to me stating the same as the first. However I did not get them until after I had returned to the states.

The very day I returned to the states, I called Wells Fargo and I found out that this had been turned over to a collection agency, Pacific Coast Collections, and they were in a hurry to get their money. I called and talked to YOLIE at the agency a couple of days later. She was helpful in getting me a week extension so I could work with WELLS FARGO to see if I could get some more time to try to find out who was responsible for this. WELLS FARGO didn't want to deal with me anymore because this was a Collection Agency issue, not theirs.

I was not in a hurry to give up $3700 for a bill I did not create and really wanted to get to the bottom of this but the collection agency wanted their money and threatened to freeze my accounts and garnish my wages. Like I said earlier I am in the service and once I returned from Korea I was notified that I would possibly be sent to the Middle East within the next 6 months, (sometime April of 2003). With the threats from the collection agency, and no help from Wells Fargo, I went ahead and put a Band-Aid on a sucking chest wound, and sent the collection agency $3757.16 to satisfy them and prevent putting my wife and daughter in a financial bind if I were to deploy. The collection agency got their money on 28 October, 3 months after I got notified of the activity on the account.

Here are some of the things I tried in assisting Wells Fargo in finding out who did this. Things I thought the bank would have done knowing they have been victimized.

First, I asked TINA if they had any of the films from the 45 plus ATM transaction that are on record. She was able to get ONE, I asked to see it and they sent to a Wells Fargo Branch bank, in Rushville, Indiana (I was in Indiana on leave form Korea at the time). It took two weeks to get mailed there and when I went to look at it I did not recognized who it was. Back to square one.

Secondly, I received some of the canceled checks that were deposited on the account and started to make phone calls to the companies on the check. All these checks were stolen, and one set was stolen from the Post Office. One company had reported them stolen and later on the person that had stolen them was apprehended and put in jail. He is currently waiting federal charges also. I also got a list of other names associated with the other checks, and relayed this information to Wells Fargo and they didn't seem too interested, as this wasn't helping my case.

Third, after finally getting more frustrated, I demanded to talk with someone with more authority than TINA and was put in contact with John Powers, 480-783-8438 and Laylee, 580-378-1105. I basically got the same go around as before, Wells Fargo was concerned with the activity but since I or my son didn't respond in the allotted time frame there was nothing they could do but turn this over to a collection agency. We believe that you personally had nothing to do with this, and that this is not your card, however, because the card is in your name, and your son is not cooperating this is your responsibility However it was stated that if I could prove that my son did not do this, or if my son could tell them who did this that they could refund me my money, if they, WELLS FARGO, were able to determine that neither of us was responsible.

I have no way of proving whether or not my son had any involvement in this. He was a teenager at the time of the incident, and is now 18 years old. However during the time this happened I do know that he was in juvenile detention and was for almost two weeks after the withdrawals from the account stopped.

Wells Fargo did not hold me responsible for the actual cash, close to $7000.00, that was removed form the account, the charges that I paid, $3757.16, were what they called, overdraft fees, balance inquiry fees, point of sale fees, notification fees, excessive ATM withdrawal fees, returned check fees, and a few others I am sure that I do not recall.

I will go to whatever length possible to get back the money that I am out, and further to find out and bring to justice whoever is responsible for this.

Wells Fargo could care less, they got their money.

David

Lawton, Oklahoma
U.S.A.

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5 Updates & Rebuttals

David

Lawton,
Oklahoma,
U.S.A.
Answers for the Flags

#2Author of original report

Fri, March 05, 2004

The military legal system was the FIRST place I went to and they were the only ones able to get me the extended response period I needed. The bank didn't do this willingly until the legal assisstance officer brought up the Soldier and Sailors relief act. Even though this did not fall under the intent of the act, WFB did allow an additional 30 days. However they did not hesitate in turning this over to a collection agency anyway. I too agree with your comment about the status of my son at the time of the incident, however, the account in question was established long before the incident. I couldn't depend on his mother doing what she was supposed to be doing with the money so in order to ensure he got it first I established the account. He was a joint account holder and used it accordingly. After I no longer had to pay CS, the account remained open. (I KNOW, DUH, should have closed it) But I still sent him money from time to time. So I kept it open. My son never saw the film of the individual. We was not cooperating much on the deal. (Yes, I know another burning bush) And you initial response in saying that he was the culprit may be the knee jerk reaction, I know mine was at the time. The first and only time I was able to confront him on this was when I was first notified while still in Korea and a couple of other times off and on over the past year. He is somewhat a mobile person, and hard to get a hold of. (I know another flag, avoidance issue) It has been pretty much a mute point since then. This is why I had taken it upon myself to do the research I have done to this point. The proof that I have leads toward someone (not him) that I am positive he knows, but he will not say otherwise. Because he was a juvenile at the time of the incident, I can not even press charges against him, because I am the primary account holder and he was an authorized joint account holder, with an ATM card authorized for him by me. I have had a couple of detectives there in PHX work with me on this and crossed referenced some past open/unsolved cases. They came up with some names, that matched most of the names on the checks that wee presented. And yes a couple even crossed referenced with my son's name (Yes, yet another flag). But as was said earlier, my son was in detention throughout the entire period that the withdrawls occured. I was able to provide proof of that from two seperate sources in PHX. If I was able to provide that proof to WFB, (which I did) then WFB bank could refund me the entire ammount they charged me. Getting them back on board with this has been the frustrating part. Which has led me to start this process, as recommended by my legal counsel. Thanks for your concern and insight on this issue, and I'll be sure to update as I get deeper into this. Maybe the system will work after all.


David

Lawton,
Oklahoma,
U.S.A.
Answers for the Flags

#3Author of original report

Fri, March 05, 2004

The military legal system was the FIRST place I went to and they were the only ones able to get me the extended response period I needed. The bank didn't do this willingly until the legal assisstance officer brought up the Soldier and Sailors relief act. Even though this did not fall under the intent of the act, WFB did allow an additional 30 days. However they did not hesitate in turning this over to a collection agency anyway. I too agree with your comment about the status of my son at the time of the incident, however, the account in question was established long before the incident. I couldn't depend on his mother doing what she was supposed to be doing with the money so in order to ensure he got it first I established the account. He was a joint account holder and used it accordingly. After I no longer had to pay CS, the account remained open. (I KNOW, DUH, should have closed it) But I still sent him money from time to time. So I kept it open. My son never saw the film of the individual. We was not cooperating much on the deal. (Yes, I know another burning bush) And you initial response in saying that he was the culprit may be the knee jerk reaction, I know mine was at the time. The first and only time I was able to confront him on this was when I was first notified while still in Korea and a couple of other times off and on over the past year. He is somewhat a mobile person, and hard to get a hold of. (I know another flag, avoidance issue) It has been pretty much a mute point since then. This is why I had taken it upon myself to do the research I have done to this point. The proof that I have leads toward someone (not him) that I am positive he knows, but he will not say otherwise. Because he was a juvenile at the time of the incident, I can not even press charges against him, because I am the primary account holder and he was an authorized joint account holder, with an ATM card authorized for him by me. I have had a couple of detectives there in PHX work with me on this and crossed referenced some past open/unsolved cases. They came up with some names, that matched most of the names on the checks that wee presented. And yes a couple even crossed referenced with my son's name (Yes, yet another flag). But as was said earlier, my son was in detention throughout the entire period that the withdrawls occured. I was able to provide proof of that from two seperate sources in PHX. If I was able to provide that proof to WFB, (which I did) then WFB bank could refund me the entire ammount they charged me. Getting them back on board with this has been the frustrating part. Which has led me to start this process, as recommended by my legal counsel. Thanks for your concern and insight on this issue, and I'll be sure to update as I get deeper into this. Maybe the system will work after all.


David

Lawton,
Oklahoma,
U.S.A.
Answers for the Flags

#4Author of original report

Fri, March 05, 2004

The military legal system was the FIRST place I went to and they were the only ones able to get me the extended response period I needed. The bank didn't do this willingly until the legal assisstance officer brought up the Soldier and Sailors relief act. Even though this did not fall under the intent of the act, WFB did allow an additional 30 days. However they did not hesitate in turning this over to a collection agency anyway. I too agree with your comment about the status of my son at the time of the incident, however, the account in question was established long before the incident. I couldn't depend on his mother doing what she was supposed to be doing with the money so in order to ensure he got it first I established the account. He was a joint account holder and used it accordingly. After I no longer had to pay CS, the account remained open. (I KNOW, DUH, should have closed it) But I still sent him money from time to time. So I kept it open. My son never saw the film of the individual. We was not cooperating much on the deal. (Yes, I know another burning bush) And you initial response in saying that he was the culprit may be the knee jerk reaction, I know mine was at the time. The first and only time I was able to confront him on this was when I was first notified while still in Korea and a couple of other times off and on over the past year. He is somewhat a mobile person, and hard to get a hold of. (I know another flag, avoidance issue) It has been pretty much a mute point since then. This is why I had taken it upon myself to do the research I have done to this point. The proof that I have leads toward someone (not him) that I am positive he knows, but he will not say otherwise. Because he was a juvenile at the time of the incident, I can not even press charges against him, because I am the primary account holder and he was an authorized joint account holder, with an ATM card authorized for him by me. I have had a couple of detectives there in PHX work with me on this and crossed referenced some past open/unsolved cases. They came up with some names, that matched most of the names on the checks that wee presented. And yes a couple even crossed referenced with my son's name (Yes, yet another flag). But as was said earlier, my son was in detention throughout the entire period that the withdrawls occured. I was able to provide proof of that from two seperate sources in PHX. If I was able to provide that proof to WFB, (which I did) then WFB bank could refund me the entire ammount they charged me. Getting them back on board with this has been the frustrating part. Which has led me to start this process, as recommended by my legal counsel. Thanks for your concern and insight on this issue, and I'll be sure to update as I get deeper into this. Maybe the system will work after all.


David

Lawton,
Oklahoma,
U.S.A.
Answers for the Flags

#5Author of original report

Fri, March 05, 2004

The military legal system was the FIRST place I went to and they were the only ones able to get me the extended response period I needed. The bank didn't do this willingly until the legal assisstance officer brought up the Soldier and Sailors relief act. Even though this did not fall under the intent of the act, WFB did allow an additional 30 days. However they did not hesitate in turning this over to a collection agency anyway. I too agree with your comment about the status of my son at the time of the incident, however, the account in question was established long before the incident. I couldn't depend on his mother doing what she was supposed to be doing with the money so in order to ensure he got it first I established the account. He was a joint account holder and used it accordingly. After I no longer had to pay CS, the account remained open. (I KNOW, DUH, should have closed it) But I still sent him money from time to time. So I kept it open. My son never saw the film of the individual. We was not cooperating much on the deal. (Yes, I know another burning bush) And you initial response in saying that he was the culprit may be the knee jerk reaction, I know mine was at the time. The first and only time I was able to confront him on this was when I was first notified while still in Korea and a couple of other times off and on over the past year. He is somewhat a mobile person, and hard to get a hold of. (I know another flag, avoidance issue) It has been pretty much a mute point since then. This is why I had taken it upon myself to do the research I have done to this point. The proof that I have leads toward someone (not him) that I am positive he knows, but he will not say otherwise. Because he was a juvenile at the time of the incident, I can not even press charges against him, because I am the primary account holder and he was an authorized joint account holder, with an ATM card authorized for him by me. I have had a couple of detectives there in PHX work with me on this and crossed referenced some past open/unsolved cases. They came up with some names, that matched most of the names on the checks that wee presented. And yes a couple even crossed referenced with my son's name (Yes, yet another flag). But as was said earlier, my son was in detention throughout the entire period that the withdrawls occured. I was able to provide proof of that from two seperate sources in PHX. If I was able to provide that proof to WFB, (which I did) then WFB bank could refund me the entire ammount they charged me. Getting them back on board with this has been the frustrating part. Which has led me to start this process, as recommended by my legal counsel. Thanks for your concern and insight on this issue, and I'll be sure to update as I get deeper into this. Maybe the system will work after all.


James

Mesa,
Arizona,
U.S.A.
Red flags here?

#6Consumer Comment

Fri, March 05, 2004

First off, I am in the military as well and know how hard and frustrating it is to attempt to deal with stateside institutions when there is a mail delay. Did you attempt to talk to your legal office to see if the bank is required to alot you more time due to your deployed status at the time of the fraud? Now...if I was the bank or someone investigating this issue I would notice one thing right away. Your son, for whatever reason, has a record and is in juvenile detention. Umm hello!! Red flag here. An account setup for your son who is in detention and there is a problem with fraudulent checks being written while you are stationed halfway across the globe??? Not sure how you can miss the burning bush here? What does your son say about it by the way? Does he recognize the person in the film the bank had of the atm when the fraud occured? Personally I dont think any of your arguments will hold any water unless you find definitive proof that someone other than you or your son committed this crime and that your son was completely innocent of any wrongdoing? With his background I find it hard to believe that any investigator will believe you or him without proof. The bank is in the right here though. Good luck though.

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