I have a situation that I'd like advice on. I had a car loan through First Security Bank which was bought (the bank) by Wells Fargo. In 1999 First Security lost not one but two of my payments. The first I couldn't find the money order reciept for but the second I have and have traced. Cashed by First Security of course. However, the copy that I have is difficult to read and after asking Traveller's if they could send me a better copy, the second copy was almost identical. First Security's stand was that although I could prove that they cashed the m/o, because they couldn't track where the payment went (the account is too blurry to read), they wouldn't fix my account. Results... several 30 days and a 60 day late. The loan through Wells Fargo was paid off last May, 2002. When I dispute, it comes back verified as they just go through their computer records. When I call Wells Fargo they tell me that they don't have that information on site anymore to get it straightened out. Where do I go from here? Could I write a version of the nutcase letter adding in the photo copy of the cashed m/o, mentioning the first lost m/o as well and ask that they remove the lates completely in light of all the confusion? Any other ideas?
First Security's stand was that although I could prove that they cashed the m/o, because they couldn't track where the payment went (the account is too blurry to read), they wouldn't fix my account. cre8ivegrl ======================== That's no excuse : Make them fix it. The END ************************* LB 59
I agree!! But how? I have sent them 3 copies, 3 times (2 from Travellers and 1 that I tried to lighten) and even tried faxing it to them on their insistence even though we all know that faxing makes it darker. The second copy they lost completely, so the third I sent CRRR to a guy who no longer works there. This guy also promised me that if he could straighten it out he would not only remove ALL the lates that he would reimburse me the $16 for getting the two traces, the $2 for the fax, the postage for the CRRR AND the 10 cents for the copy. LOL!! Whatever. I even tried going the route of begging Travellers to give me the numbers directly off of the original cashed m/o. They said they are too blurry to read now. Interesting?? But they did send me a kill list. Basically it is a sheet of numbers that makes no sense to me. The amount of my m/o and a serial # are highlighted in the middle of the page sandwiched between others. The guy at Travellers said that while the normal joe might be confused by it any self respecting banker would know how to read the kill list and could trace where the money went from it. Do you think my banker could read it? I'll give you one guess. He, of course, said it meant nothing to him. What do I do?? I am wondering if I send them copies of everything I have, including the green card with a nutcase (or maybe even a nutcase gone overboard with a suit threat) included pointing out of course ALL of the stupid mistakes they've made along the way... they will just delete? I deserve it after all!! But is that the smartest way?
I forgot to point out that this is showing on EQ as 19-30 days, 8-60 days!! Sometimes I think EQ makes up their own numbers as they go along. Since this account was closed 5/2002 I am most certain that deletion will put me firmly in the 600 club on all reports. It's really important that I handle this right.
I think what you are missing here is that you have proven without a shadow of a doubt that you paid it. Not only that but they have accepted and acknowledged this fact as per their following statement. (First Security's stand was that although I could prove that they cashed the m/o,) This is all that you are required to do to prove your case. because they couldn't track where the payment went (the account is too blurry to read), they wouldn't fix my account. You are not required to handle their bookkeeping or accounting for them. They just handed you a bs cop out excuse with this line. The END ************************* LB 59
No, I am not missing that point at all. I agree 100%!! I think I have gone above and beyond. But it still isn't fixed and they still give me the run around. Especially now that the account is closed. How do I fix it?
Re: Re: First Security/Wells Fargo problems The sad thing is they can can and do get by with anything they don't get sued for.
Re: Re: First Security/Wells Fargo problems So do you think I should do the nutcase that threatens litigation and follow with a suit if nothing changes?
Re: Re: First Security/Wells Fargo problems I think lb59 is on the mark here.. and yes, I'd pursue litigation. I think there's no reason for them to try and fight this in court and that they would settle with you. Personaly, I would approach my very first dispute with the notion that I may have to eventually go to court. I think the OC's, CA's, and CRA's get away with so much BS because they know the odds of having to explain their actions in court are pretty slim. In those rare cases, they seem to prefer to just settle, therefore not having to ever account for their actions. Find ways to use this to your advantage..
Re: Re: First Security/Wells Fargo problems You might want to try one more demand letter based upon section 623 of the FCRA. Advise them if the acct is not corrected within 10 days, you will file a lawsuit and complaints with the BBB, yuor state atty general, their state atty general, the FTC, Comptroller of Currenccy and anyone else you can think of. Should they fail to follow through, sue them. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) Duty of furnishers of information to provide accurate information. (1) Prohibition. (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. (B) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii) the information is, in fact, inaccurate. (C) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (B) shall not be subject to subparagraph (A); however, nothing in subparagraph (B) shall require a person to specify such an address. (2) Duty to correct and update information. A person who (A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and (B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.
Re: Re: First Security/Wells Fargo problems Okay, I took some lines from the nutcase letter and from here and this is what I came up with. Please let me know if it is too harsh, not harsh enough, too wordy, out of context, etc. To whom it may concern: I am writing to formally complain about your mistreatment of the auto loan I had with you, as well as myself as a customer. Please reference account #xxxxxxx. My payment from September 21, 1999 was lost or misposted by you resulting in several late marks showing on the account. After numerous attempts to get your mistake rectified with no success, quite frankly my patience has run out. I am making one final attempt in this matter. I have included a copy of the traced money order, a copy of the original money order receipt, the green certified card signed by an employee of your company (on another ocassion that I sent this information to you) and the kill list sent to me by Traveller's with the assurance that you would be able to trace the money order from it. While I am appalled that I have been placed in the position to have to act as your accounting department, I am doing so with the hopes that this situation will be expressly resolved. Please know that you have 10 days from the tracked and confirmed delivery of this lawful notice to either answer these demands or to remove the associated negative tradeline notations from all credit bureaus. Any other action may constitute evidence of your intent to abridge one or more of my civil or other constitutional rights. Please be further advised that continued unsubstantiated reporting of possible inaccuracies to third parties will provide a basis for criminal complaints and result in a lawsuit being filed in accordance with FDCPA, FCRA, and other federal statutes as well as complaints filed with the BBB, the FTC, and the Wyoming, Oregon and Utah Attorney Generals. I look forward to a timely resolution to this matter.
Re: Re: First Security/Wells Fargo problems It looks good with the exception of possible "criminal action". There is nothng criminal in what they have done that I am aware of. I would change criminal to civil.
Re: Re: First Security/Wells Fargo problems That was the part I was wondering was out of context. Thanks... it gets sent Monday a.m.
