Ripoff Report Needs Your Help!
X  |  CLOSE
Report: #1205536

Complaint Review: Wells Fargo Dealer Servcies - Rancho Cucamona California

  • Submitted:
  • Updated:
  • Reported By: Sara — Eau Claire Wisconsin
  • Author Confirmed What's this?
  • Why?
  • Wells Fargo Dealer Servcies PO Box 3599 Rancho Cucamona, California USA
  • Phone: 8889379992
  • Web:
  • Category: Loans

Wells Fargo Dealer Servcies Wells Fargo Bank Illegal repossession and Insurance Fraud by Wells Fargo Dealer Servcies Rancho Cucamona California

*Consumer Comment: Wrong Statute....

*Author of original report: WI 425.209

*Consumer Comment: Wow

Show customers why they should trust your business over your competitors...

Is this
Report about YOU
listed on other sites?
Those sites steal
Ripoff Report's
content.
We can get those
removed for you!
Find out more here.
How to fix
Ripoff Report
If your business is
willing to make a
commitment to
customer satisfaction
Click here now..
I was not given the proper repossession notice by Wells Fargo Bank/Wells Fargo Dealer Services.  I was 60 days past due as of December 20, 2014.  I tried to work out a payment plan to put a few payments at the end of my loan.  Wells Fargo Bank/Wells Fargo Dealer Services refused to work with me.  They than illegally reposseed my car on January 12, 2015.  I was not given a notice before hand, I was not shown any documentation by the repossessing agent, and I did not sign anything to release my car.  The repossession company entered my open garage, took my stuff out of my car, said this is a voluntary repossession.  If I give my car to him now, this would be reported as a voluntary repossession.  I have contacted Wells Fargo Bank/Wells Fargo Dealer Services several times since to try to work this out, I have not gotten anyone willing to work with me.  I am on hold for at least 30 minutes before speaking to anyone.  It is very frustrating.  They said they are not required to send a notice 15 days before taking the car, even though this in the WI statues as a law they must send a letter by registered or certified mail.  We never received anything 15 days before Wells Fargo Bank/Wells Fargo Dealer Services took the car.  I have contacted an attorney he said my rights were violated and I should have received notice 15 days before they took the car.  If I do go to court it stands I would get the car plus punative damages, plus my attorney fees.  I just want the car back and resume payments as stated my my loan aggrement.  I should not have to pay repossession fees or excess of fees to get my car back as this was a voluntary repossession.  I can pay the past due plus late fees only.  They are also trying also file a false insurance claim, claiming I damaged the car when it was in perfect condition when it left my house.

Desired resolution

What do you think would be a fair resolution to your issue?
For Wells Fargo Bank/ Wells Fargo Dealer Services to keep the car take the record off my husbands and I's credit reports and we owe no more after they make the sale of the car, Return the car for passed due payments and fees only, or if they come after us for remaining amount of the car loan we will have no choice but to pursue a lawsuit with proof that Wells Fargo Bank/Wells Fargo Dealer Services didn't follow WI law and Insurance Fraud.

Sara Eau Claire, WI

This report was posted on Ripoff Report on 01/30/2015 10:59 AM and is a permanent record located here: https://www.ripoffreport.com/reports/wells-fargo-dealer-servcies/rancho-cucamona-california-91729/wells-fargo-dealer-servcies-wells-fargo-bank-illegal-repossession-and-insurance-fraud-by-1205536. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

Search for additional reports

If you would like to see more Rip-off Reports on this company/individual, search here:

Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?

Updates & Rebuttals

REBUTTALS & REPLIES:
1Author
2Consumer
0Employee/Owner

#3 Consumer Comment

Wrong Statute....

AUTHOR: Robert - ()

POSTED: Saturday, January 31, 2015

You talk about being able to read the law and misinformation then you turn right around and post misinformation.  Now, just to be clear I am not an attorney, nor is anything here to be considered legal advice.  However, it is fairly straight forward sometimes when you have the text right in front of you.

Section 425.209 has NOTHING to do with notice.  It has to do with the sale of the property and the creditor trying to claim any deficency.  But let me help you out a bit.

Apparently there is still a law on the books in WI 425.205 (1g) that requires them to give you notice.  However, if you continue to read the penalty is not as grand as you may think.  Per section 425.302(1) the penalty is limited to ACTUAL damages and an additional amount of $25.  That's right...$25 whole dollars.

So, yes everyone must follow laws and if there are laws that says a company must give you notice then that is what they must do.  But there are still things you need to think about.

It is interesting how you didn't say what you would have done if they gave you the notice.  Perhaps one of those things listed was on your mind and you just don't want to admit it.

Then there does not appear to be any provision that they MUST give you your car back, or that they must just forgive or fix any of the past delinquncy.  Also, what are your ACTUAL damages because of this?  You were 60(going on 90 days late) so any claim you have that it was a hit to your credit and that is going to cause you to pay higher interest is meaninless because you already killed your credit with the 60 day late.  They took your items out of the car so you have nothing there. 

In fact when push comes to shove, it looks like if you end up suing them for $25 they may counter sue you for the deficency balance.

The link to the actual WI regulations is below

http://docs.legis.wisconsin.gov/statutes/statutes/425/II/205

 

 

Respond to this report!
What's this?

#2 Author of original report

WI 425.209

AUTHOR: Sara - ()

POSTED: Friday, January 30, 2015

If one could read the WI law it would help any misinformation. Also if one could see into someone's mind and life it would help to undersrand the situation.  Wells Fargo Dealer Services is a scam company praying on anyone to make a money. It's the law that they aren't following. 

Respond to this report!
What's this?

#1 Consumer Comment

Wow

AUTHOR: Robert - ()

POSTED: Friday, January 30, 2015

First of all let us not forget one thing...you were 8 days shy of being 90..that is NINETY days delinquent on your car loan and looks like you gave ZERO indication that you had any intention of actually trying to get current..and we will get to the "They won't work with me" in just a bit.

Now, you were given proper notice.  When you got the car loan one provision of the loan agreement YOU signed stated that should you become delinquent they have the right to reposess your car.  Now, you say well you didn't get "notice".
Okay what would that have done?..Let's think about this

1. Would you have come up with the money owed?  Okay, you are an adult and know you owe this money.  If you truly could come up with the money after the notice, you can come up with it before.  So this would show that you are just trying to "scam" them deylaying paying as long as possible.

2. Would you have hid the car?  Again, not very honest.

3. Would you have gone out and gotten another car before this repo showed up on your credit?  Okay..with what money?

4. Would you have let them have the car?  Ummm...well that is what happened

But you say you wanted to try and get them to work with you.  They didn't work with you in the 90 days before and
would have sent an notice that they were going to reposess your car.  What exactly makes you think they will then
"work with you".

Oh but you are now going to say that there is some law.  Okay so what is the SPECIFIC statute.  Because if you look at current law there is no law I could find that says they must

 Now, there looks like there were laws that did require this at one time, but those were supperceeded in 2006 by new laws that no longer require that...it's 2015 if you didn't have a calendar handy.

Now as I promissed let's get to the "They won't work with me"..This is also known as the "I want to change the terms I
agreed to and they must do what ever I say".  Unfortunalty that line of thought is better left to fairy tales as they are
not required to do anything.  No..your "siutation" doesn't matter..sorry but that is just the facts.

As to your lawyer and "desired" resoluation.  Well aren't you nice.  But here is a question.  If they violated the law and
you supposedly have a lawyer, why not sue them?  After all if this is such a big evil company wouldn't you want to "stick
it to them" so they don't do this to anyone else?  Of course one has to ask if you can't even afford a car payment how
are you affording an attorney.  Or do we have the attorney on the "family plan".

Respond to this report!
What's this?
Featured Reports

Advertisers above have met our
strict standards for business conduct.

X
What do hackers,
questionable attorneys and
fake court orders have in common?
...Dishonest Reputation Management Investigates Reputation Repair
Free speech rights compromised

WATCH News
Segment Now