Wednesday, July 4, 2012

Bank Fraud

June 8, 2012 Wells Fargo Bank 400 Capitol Mall Sacramento, CA 95811 Via Certified Mail Attn: Legal Department Acct. # Ending in 8699 Dear Administator: Since when did Wells Fargo start paying out thousands of dollars on a check that had not cleared a bank, then leave their customer -$2,229.56 in the hole? On Friday, June 1, 2012, I presented a check in the amount of $2,350.65 to a bank teller at the downtown San Diego location. It was the first time I received a check (#4584040-copy attached) from MediConsult USA, Inc., drawn on Regions Bank, with banking facilities in Florida. The only question I asked the teller was, “Could you tell me when the check will clear?” Her response, “Should be tomorrow” was not the usual “A hold will take place until the funds clear.” To my surprise, the next day I was able to withdraw $2,300 in cash, thus securing in my mind that the $2,350.65 check deposited the day before had cleared. Imagine my shock when on Thursday, June 7, I looked online to find my account standing a couple thousand dollars in the negative. This was not the only switcheroo I have encountered with Wells Fargo. When I first opened a checking account in the spring of 2011 as an SSI recipient, it was immediately established that my electronic checks could be accessed on the 1st day of the month. Starting in December, 2011, I learned that my check access changed to the 2nd day of the month. Over the next two months with calls and visits to Wells Fargo, the Social Security Administration was blamed for this unforeseen change. At the SSA, a clerk finally looked me in the eye and emphasized that the arbitrary decision to change the date of when I received my funds was not made by them. Then in February, 2012, the funds were restored to the 1st day of the month. At age 60, I was not interested in looking for another bank. Now, I have no choice, however, I cannot afford a credit history that shows me $2,229.56 in the hole to a bank that has proven itself not to have a history of business consistency or compliance. Please honor your obligations and restore your credibility by restoring my bank account to its proper balance. Sincerely, Marilyn J. Hartman cc: Senator Dianne Feinstein _____________________________ June 11, 2012 Senator Dianne Feinstein 750 B Street Suite 1030 San Diego, CA 92101 Re: Wells Fargo – Banking Irregularities Dear Senator Feinstein: Attached is a copy of a certified letter sent to the Legal Department of Wells Fargo Bank. At first, it appears to be just a matter of the Bank not being consistent in its policies. However, what finally prompted this letter was a culmination of questionable procedures practiced by Wells Fargo. In the past six months, issues have had to do with: (1) arbitrarily changing the dates that the Bank dispensed with funds from my SSI check; (2) reversing an account with the Social Security Administration to an old account number, resulting in my not receiving funds on the due date; and (3) my going to the SSA, only to be told that both the account number change and the dates of payment were implemented by the Bank. This has caused a great deal of tension and frustration. Currently, I am taking Continuing Education classes to get off of SSI, do volunteer work with seniors, and surveys for extra income. That’s how I got stuck with a $2,350.65 check that bounced as a result of “insufficient funds.” My argument with the Bank is that previously, it would never cash a check until I had enough funds in my own account to match the face value of the check. Then I presented a check in the thousands, and the Bank paid out $2,300, even though I had nowhere near that amount in my account. Now, I’m in debt to the Bank for this check and fees despite the Bank’s lack of compliance on other issues. Is it possible for your staff to look into the matter? Thank you for your time and consideration. Sincerely, Marilyn J. Hartman Encl. _____________________________ July 4, 2012 Ms. Alexis Richie Customer Service Wells Fargo P.O. Box 6995 Portland, OR 97228-6995 Dear Wells Fargo Correspondence Representative: Thank you for providing me with a copy of “Important Legal Information, Disclosures and Terms You Need to Know.” Please note that nowhere throughout this 79-page booklet does it state how much Wells Fargo should be charged, both financially and criminally, with: (1) contacting a federal agency and purposefully reversing an account where direct deposits were received to an account that had already been closed; (2) arbitrarily, and without advance notice, changing the dates that funds are dispersed when received from the Social Security Administration; and (3) producing fraudulent monthly bank statements that show savings account transfers that never occurred. On December 6, 2011, a Wells Fargo employee allegedly contacted the Social Security Administration and convinced their staff to change an active checking account (#989438699) to a closed account (#6607290456). On December 30th, a Wells Fargo employee asserted that the reason I did not receive my check that Friday (January 1st was a Sunday) was because the SSA changed the dates that the funds would be dispensed. My 12/29/11-1/30/12 statement does not reflect that you delayed my deposit for three days, thus earning Bank interest, until finally releasing the funds on January 2, 2012. In February, Wells Fargo started producing bank statements showing a transfer of $25 from a checking to a savings account , but the deduction was never made, thus resulting in the bank producing fraudulent bank statements from January through June 2012. A Wells Fargo letter, dated June 13, 2012, declared that the Bank has “begun the process of closing your account(s)…money transactions on the account(s) are blocked.” On Monday, June 18, a Bank Manager gave his assurances that the checking account was closed. Therefore, my concern that Wells Fargo would keep my SSI check would not occur because no transactions can take place once an account has been closed. Nevertheless, on Friday, June 29th, Wells Fargo kept my check in the amount of $854.40, thus leaving me unable to pay my rent and in a state of homelessness. The question remains: Who or what influenced Wells Fargo Bank to commit criminal acts over the last seven months when prior to December 2011, your Bank provided adequate customer service in accordance with federal law? Sincerely, Marilyn J. Hartman cc: Senator Dianne Feinstein

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