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Report: #706591

Complaint Review: Wells Fargo Auto Finance - Internet Florida

  • Submitted:
  • Updated:
  • Reported By: Denise — Upper Marlboro Maryland U.S.A.
  • Author Confirmed What's this?
  • Why?
  • Wells Fargo Auto Finance Florida Internet, Florida United States of America

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Car buyers beware!  At 8:00 a.m. this morning, Wells Fargo Auto Finance called my house 3 times looking for an individual that I told them did not live at my house.  They were attempting to collect a debt and on the first call, I told the Agent (Mike) that the person he asked for did not live here.  He continued to talk and I hung up.  He had awaken me from my sleep and this was the first morning that I could rest in over 6 months.  Well, he then called back 2 more times in an effort to explain to me why he needed to reach the person.  On the first call, I told him that it was 8:00 in the morning and that he should not be calling my house at this time of the morning.   He went on to explain that it was a legal time for him to be making collection calls.  So, I am suggesting that if you are looking for automobile financing, that you look somewhere other than Wells Fargo especially if your money is tight because based on this experience, it appears that they will harass you, your family and your friends as early at 8:00 a.m. and it could be their only day off from work.    

This report was posted on Ripoff Report on 03/16/2011 05:49 AM and is a permanent record located here: https://www.ripoffreport.com/reports/wells-fargo-auto-finance/internet-florida-/wells-fargo-auto-finance-wells-fargo-in-an-attempt-to-collect-a-debt-wells-fargo-repeated-706591. 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

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REBUTTALS & REPLIES:
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#7 Consumer Comment

Denise, There are companies....and even lawyers who can buy bad debt for pennies on the dollar........

AUTHOR: Karl - (USA)

POSTED: Thursday, March 17, 2011

and then they will attempt to recoup as much money as possible from the ones who owe the money. My guess is that a relative, or perhaps a friend of yours, may have used your name as a reference on the credit application when purchasing this car.

If they call again, ask them to fax you a copy of the paperwork that has your name on it so you can see it. It's that simple! 

If they won't fax it to you, then just hang-up on them every time they call. You can even buy one of those air-horns that they use on boats and blow it into the receiver the next time anyone from Wells Fargo Finance calls, right? (A trumpet will work well too.)

Have a nice day!

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#6 Consumer Comment

My guess

AUTHOR: Susan - (USA)

POSTED: Wednesday, March 16, 2011

My guess is that Denise (Upper Marlboro Maryland U.S.A.) is behind on his car payments. He started his complaint with "Car buyers beware!

His only complaint is the time of the collection calls. He did not say that it isn't his bill, he just said the time and that he told the collection caller that the person they asked for didn't live there.

Everyone who owes says the person asked for doesn't live there. LOL

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#5 Consumer Comment

Incorrect Robert

AUTHOR: Robert - (USA)

POSTED: Wednesday, March 16, 2011
it is the maximum punitive damages they can collect.

Not correct.  The "UP TO $1000" stated in the FDCPA is STATUTORY DAMAGES, not punitive damages-there is a difference.

What this means for a consumer;  a consumer may be awarded up to $1000 even though the consumer has suffered NO ACTUAL DAMAGES.  This is an incentive to the consumer to seek legal advice and to sue these scumbag junk debt buyers when FDCPA violations can be proved.

Do not forget that the FDCPA allows for UNLIMITED ACTUAL DAMAGES in addition to court costs and REASONABLE attorney fees.  Actual damages can be a host of things ranging from higher auto insurance premiums to severe nervous disorder requiring medical treatment and medication.  Remember, actual damages MUST BE PROVED.

Hope this helps.
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#4 Consumer Comment

Incorrect John.

AUTHOR: Robert - (U.S.A.)

POSTED: Wednesday, March 16, 2011

Well Fargo is considered an Original Creditor.  The Fair Debt Collection Practices Act(FDCPA) only applies to 3rd Party Collection Agencies.  So if the OP goes and starts to go after them for FDCPA violations they will basically just laugh in their face.

Also, in the event that it is a collection agency the $1000 in damages you are claiming they can go after is NOT per incident, it is the maximum punitive damages they can collect.  Now, the Fair Credit Reporting Act(FCRA) is per violation.  Both of these is in addition to any real damages you can prove or for things such as reasonable attorney fees.
 

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#3 Consumer Comment

RE:

AUTHOR: John - (U.S.A.)

POSTED: Wednesday, March 16, 2011

 How to stop collection agency harassment for a debt that is not yours:   Send/fax the collection agency a letter via Certified Mail + Return Receipt (do NOT use regular mail) stating:

Per the Fair Debt Collection Practices Act, cease all communications with me and stop all phone calls to [insert your phone #]. This is not my debt. Receipt of this letter is officially being time stamped via Certified Mail. I will pursue each subsequent phone call from your office with a $1,000 per incident penalty for Fair Debt Collection Practices Act violations.  
-----------------------------
If they keep calling, read the following statement to them:  
- Be advised that this call is being recorded. If you do not consent to being recorded, you need to terminate this call. Continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.

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#2 Consumer Comment

Okay..

AUTHOR: Robert - (U.S.A.)

POSTED: Wednesday, March 16, 2011

They didn't just call some random person out of the blue did they?

From what you wrote here, it appears that you were used as a reference for a friend or relative who got a car loan.  Whether or not you knew you were a reference that is something you are going to have to take up with the person on the loan.

A reference is used to try and get a hold of the person if they become delinquent.  They were not calling you to just say hi.  If this person had paid their bill you would not have been called.  You may call it harrasement..but it's not.  Remember this they loaned this person several thousand dollars on the promise that that person would pay them a set amount of money every month.  There was nothing in that agrement that said "only if you can" or "you don't have to pay is money is tight".

Now, just hope that you are not actually a co-signer.  Because if you are you not only are a reference but legally responsible to make the payments on the loan if they don't.  If the loan is not paid they will reposess the car and it will effect BOTH of your credit reports...not to mention that they could legally come after you for the balance of the loan.

Oh and as for them waking you the first morning in over 6 months you could actually rest.  If this is true and not exagerated(doubtful), perhaps you should recommend to your friend/relative to take up the same work ethic.  Because if they worked every day for 6 months perhaps they wouldn't be delinquent.

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#1 Consumer Comment

DENISE, IF MIKE CALLS YOU AGAIN MAKE SURE TO TELL HIM TO.....

AUTHOR: Karl - (USA)

POSTED: Wednesday, March 16, 2011

'Google' this- BANK EXECUTIVES PROFITING ON THE DEATH OF EMPLOYEES, and read the article that says Wells Fargo has $17 Billion in secret life insurance policies on its employees, okay?

Then tell him to 'Google' this- WELLS FARGO COMPLAINTS SECRET LIFE INSURANCE POLICIES, and read that article too.

Finally, tell him to go to Ripoffreport.com and type in 411913 and read Ripoff Report #411913 about the secret life insurance policies that many of the big banks, like Wells Fargo, have on their employees.

P.S. It's not against the law to hang-up on someone who calls your house or your cell phone.

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