I actually got your name as a moderator for the website “creditcourt”. I tried to register and it said board moderators have not set up any new user groups that can accept new members, then it stated I should contact you.
I am really getting the run around by Wells Fargo and I think I could sue. The problem is, they’re causing me a big problem in the meantime.
In Sept ’09 I financed my car through them to buy out a lease on my Honda. It was a ridiculous interest rate, but being in the process of improving my credit, I took it with the plan to refinance when I could. I’m assuming at the time I signed the paperwork, I paid the DMV registration (reason for stating that to come).
Once refinanced, I received paperwork from where ever, they’re such a huge black hole of an organization. I signed it and returned it, never thinking any more about it.
On June 30, 2010, I was approved for a refinance loan through my credit union at close to half the interest rate. I was given a payoff quote (good until 7/13/10) by WF and I went into sign the loan docs. It was then that it was discovered that the registration I had still listed Honda Leasing as the lien holder, so of course my CU couldn’t proceed until the registration was corrected.
It has take until July 23 for them to correct the registration, and when they sent me a new payoff quote (good until 8/6/10), it increased by $1972.89! Upon close inspection I realized that $1726.44 is DMV fees they had to pay in order to correct the registration (not my responsibility, I paid those once) and the remaining $246 is interest they’re charging me over $8/day. There would have been no interest had I been able to proceed with the loan on June 30th. My payment was due July 12th, an I’m waiting for an added late fee for that. It was a long, arduous process to get put into the voicemail of the car loan supervisor today (July 24, 2010), was assured I would hear from him, and of course I haven’t. I assumed this large banking institution would behave in a reputable way, and now I’m very nervous that they won’t.
What can I do to fight for myself? Who do I contact? Do I write WF? Do I get an attorney, or just pay the different payoff amount then take them to small claims court? This is wrong. The IRS is more scrupulous.
Thank-you for any advise you could provide.
First of all, like all the large banks, Wells Fargo is pure scum. You might have seen my documentary of how they stole Lynette’s mortgage payments after she made CASH payments at the branch:
Despite my publications, they only credited the funds for the payments for which she had receipts and there was never an investigation.
Please also see how the Citi Bank executives ADMIT to stealing customer funds and see NOTHING wrong with theft:
Back to you:
You write very well and you submitted a coherent summary. That goes a LONG way!
1) Are whether the DMV fees are ACCURATE? It sounds ridiculous to me, I can refinance a MORTGAGE for less.
2) Did WF make a MISTAKE?
If you are correct and you already paid the fee (review the paperwork for the loan) or the fees is bogus, you definitely can sue in small claims. However, some states require a demand letter prior to accepting a small claims suit and you have to be well prepared and bring all your documentation.
In some states like Arizona they could actually transfer the case from small claims to the civil division where their corporate attorneys can crush you.
It sounds like you COULD refinance despite the fee, so I would go ahead and do so while also disputing the fee in writing with Wells Fargo and demanding complete accounting for the loan and that they refund the DMV fee AND the additional interest and other costs you incur.
Do you have the statement with the DMV fee when you got the loan? If not, you also have to request it from Wells Fargo.
Mail with delivery confirmation as they will not hesitate to lie about receiving your demand!
If you do have all the paperwork to document the duplicate / fraudulent fee and they don’t resolve the issue, you might even be able to get an attorney to take your case on contingency.
This is the kind of fraud like to see documented here at Liars and Cheats EXPOSED!
As I previously wrote in response to another reader’s problem, it’s also the kind of work I like to do. Of course my fee SHOULD be paid by Wells Fargo, but I learned many times (including in Lynette’s case) that most people simply cannot take their case to court without an attorney and few attorneys are willing to take on the large banks.
Please feel free to ask questions here and I’d love to see an update with the outcome of your dispute.