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Wells Fargo

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AprilC

Junior Member
What is the name of your state (only U.S. law)? California
My husband is not a signer on my checking account, we do not have a joint checking account for reasons that will be obvious soon. He took out 2 on-line payday loans and somehow managed to get them deposited into my checking account. Neither one of us realized till I started seeing overdraft charges and then I found out what he had done. 767% APR loans.... So far total of $750 loans. As soon as I realized what he had done (about 2 weeks after the first payments were deducted) I filed claims with Wells Fargo, tried to freeze the account, tried to close the account, tried to get the overdraft charges reversed...One month later, more overdraft charges, they allowed another payment after I had gone into the bank and closed the account. Wells Fargo has done nothing, the refuse to re-open the claim unless I file a police report against my husband. This is why I do not have a joint account with my husband, to protect myself and my funds from anything stupid he might do one day. I don't know why Wells Fargo let this go through. There's much more to this of course, but seems like Wells Fargo is at fault and is responsible for protecting me no matter if its my husband, room mate, computer hacker, whoever. It says so in the guarantee. Thanks for any advice!
 


justalayman

Senior Member
There's much more to this of course, but seems like Wells Fargo is at fault and is responsible for protecting me no matter if its my husband, room mate, computer hacker, whoever.
and they will do that as soon as you prove your husbands use of your account was not authorized by reporting the illegal activity to the police
 

OHRoadwarrior

Senior Member
You need to go to the police and ask them to press charges against the criminal who fraudulently used your account ASAP. It seems they will have multiple charges, since they managed to get the money deposited into the account out of it also.
 

AprilC

Junior Member
If I file a police report against my husband, does that mean they arrest him and take him to jail? It's not so out of the realm of possibility that this could have happened, I wouldn't really consider him a criminal for using the wrong checking account information. He never even saw a dime of this loan, the loan has been paid since this started. The issue is with Wells Fargo reversing overdraft charges and cash advance fees and the payments which even the one lender is willing to refund. My husband tried to get the lenders to switch everything to his checking account which they didn't do. I can understand how it seems at first glance, but I have lost over $600, my credit score has gone down, I have to file for a new SSN, If I file a police report against my husband, that would most likely cause more problems for me. Isn't the job of the claims investigator to investigate? They have not once returned any of my 7 phone calls, faxes, email messages that I have left. I am the only one on my account since 1998, so why did they let this go through? I have had unauthorized charges on my account before and they never asked me to file a report against anyone. If you could see the emails from these lenders which I have forwarded to Wells Fargo, you would see who the criminals are in this case.
 
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OHRoadwarrior

Senior Member
Because you are not signing a fraud complaint against your husband saying he did this criminally without your knowledge or approval.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? California
My husband is not a signer on my checking account, we do not have a joint checking account for reasons that will be obvious soon. He took out 2 on-line payday loans and somehow managed to get them deposited into my checking account. Neither one of us realized till I started seeing overdraft charges and then I found out what he had done. 767% APR loans.... So far total of $750 loans. As soon as I realized what he had done (about 2 weeks after the first payments were deducted) I filed claims with Wells Fargo, tried to freeze the account, tried to close the account, tried to get the overdraft charges reversed...One month later, more overdraft charges, they allowed another payment after I had gone into the bank and closed the account. Wells Fargo has done nothing, the refuse to re-open the claim unless I file a police report against my husband. This is why I do not have a joint account with my husband, to protect myself and my funds from anything stupid he might do one day. I don't know why Wells Fargo let this go through. There's much more to this of course, but seems like Wells Fargo is at fault and is responsible for protecting me no matter if its my husband, room mate, computer hacker, whoever. It says so in the guarantee. Thanks for any advice!
Unless you are willing to file criminal charges against your husband for his illegally accessing your bank account, the bank is not going to do anything about it. As you seem to be protecting your husband, rather than your assets, the bank would see this as PERMISSIBLE use of your account (which is allowed, even if you choose NOT to put him on the account). You deciding NOT to press charges just reinforces the very real possibility that you allowed his permissive use of the account, and are just trying to use the excuse that he's not on the account to try to get out of accepting responsibility for the consequences.

If you want Wells Fargo to stop adding overdraft charges and honor your claim, you will have to prove that you did not authorize his use - by filing the report with the proper legal authorities. Otherwise, you are going to have to live with the consequences of choosing your conniving husband over getting your money back.
 

justalayman

Senior Member
If I file a police report against my husband, does that mean they arrest him and take him to jail? It's not so out of the realm of possibility that this could have happened, I wouldn't really consider him a criminal for using the wrong checking account information. .
are you suggesting he doesn't know his account from yours? and yes, depending on whether what your husband has done is determined to be a crime, he could see jail time.


He took out 2 on-line payday loans and somehow managed to get them deposited into my checking account.
so, why did he do this then?

. He never even saw a dime of this loan, the loan has been paid since this started.
so, did you utilize the funds?


The issue is with Wells Fargo reversing overdraft charges and cash advance fees and the payments which even the one lender is willing to refund
why should they reverse a valid overdraft charge? To the cash advance fees: since you stated he does not have access to your account, the cash advances were apparently used by you, correct?


Isn't the job of the claims investigator to investigate?
and they will as soon as you prove this was not some fraud scheme you and your husband were trying to pull off.

I have to file for a new SSN
really? For what? Your reasons to obtain a new SS are very limited and so far, I do not see any such reason here.
 

AprilC

Junior Member
Unless you are willing to file criminal charges against your husband for his illegally accessing your bank account, the bank is not going to do anything about it. As you seem to be protecting your husband, rather than your assets, the bank would see this as PERMISSIBLE use of your account (which is allowed, even if you choose NOT to put him on the account). You deciding NOT to press charges just reinforces the very real possibility that you allowed his permissive use of the account, and are just trying to use the excuse that he's not on the account to try to get out of accepting responsibility for the consequences.

If you want Wells Fargo to stop adding overdraft charges and honor your claim, you will have to prove that you did not authorize his use - by filing the report with the proper legal authorities. Otherwise, you are going to have to live with the consequences of choosing your conniving husband over getting your money back.
My husband is a BIG GIANT DOUCHE BAG and he made A BIG HUGE NO NO and used my account information, he never saw any of this money. The loans have been paid. At what point is this my fault?
I have no idea why he did this, I can't answer for him, we are having huge marital problems because of this. Ok I will file a report against him and then against the lenders and then against Wells Fargo for violations against my account. Maybe my husband will get the electric chair is that what he should get for being stupid?
 

AprilC

Junior Member
are you suggesting he doesn't know his account from yours? and yes, depending on whether what your husband has done is determined to be a crime, he could see jail time.


so, why did he do this then?
I don't know why he did this?

so, did you utilize the funds?
The funds as soon as I could get the lenders to cooperate were returned plus $300 I had to pay them


why should they reverse a valid overdraft charge? Overdraft charge on an account that they said was closed? To the cash advance fees: since you stated he does not have access to your account, the cash advances were apparently used by you, correct?
The cash advances I had to take out of my visa to cover the finance charges and the overdraft charges


and they will as soon as you prove this was not some fraud scheme you and your husband were trying to pull off.
Who has gained anything from this scheme? Only Wells Fargo and the lenders
really? For what? Your reasons to obtain a new SS are very limited and so far, I do not see any such reason here.
Wells Fargo suggested I get a new SSN because the lenders now have my SSN and down the road may use it. He told me that if they did a credit check that they got my SSN
 

CdwJava

Senior Member
You won't be able to get a new SSN.

Wells Fargo IS permitted to require you complete and affidavit of forgery (or fraud, or whatever they might call it) AND report any criminal activity to the police. However, I fail to see that there is a crime in his putting the money in your account. It might be a crime if he fraudulently accessed those funds in your account, however. But, it doesn't sound like he is writing checks on your account, but that he authorized payments from that account.

You say you are going to "file a complaint" against the lenders and Wells Fargo. Just WHO will you make this complaint with??? I am not sure that either of them is responsible for your problem here. The lender may have been acting on good faith with information he provided, and unless they are committing usury or fraud, themselves, I doubt anything will come of it. And I fail to see where Wells Fargo has done anything unlawful or improper. Your beef is against your husband.

Assuming you can get around the whole community property issue, you might be able to sue him for your damages after you have filed your reports and made a claim against him. But, holding others accountable for his actions is unlikely.
 

AprilC

Junior Member
You won't be able to get a new SSN.

Wells Fargo IS permitted to require you complete and affidavit of forgery (or fraud, or whatever they might call it) AND report any criminal activity to the police. However, I fail to see that there is a crime in his putting the money in your account. It might be a crime if he fraudulently accessed those funds in your account, however. But, it doesn't sound like he is writing checks on your account, but that he authorized payments from that account.

You say you are going to "file a complaint" against the lenders and Wells Fargo. Just WHO will you make this complaint with??? I am not sure that either of them is responsible for your problem here. The lender may have been acting on good faith with information he provided, and unless they are committing usury or fraud, themselves, I doubt anything will come of it. And I fail to see where Wells Fargo has done anything unlawful or improper. Your beef is against your husband.

Assuming you can get around the whole community property issue, you might be able to sue him for your damages after you have filed your reports and made a claim against him. But, holding others accountable for his actions is unlikely.
Thanks for advice, I guess Wells Fargo needs to change the policy that they will protect your account information only if someone you don 't know has accessed it, but if it is someone you know, even if you have chosen not to have them on your account, then your 100% responsible for whatever they do no matter what. Wonder why they ask for "security reasons" if anyone else is a signer on your account? The answer is no. If the lenders had done the right thing and verified in some way that this was in fact ok with the person whose name is on the account then none of this would have happened. This lender states at the bottom of the 1st email that if someone calls saying they are CP Investors to hang up and gives a different number to call. Does that sound like a legit business? Who does that?
 
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sandyclaus

Senior Member
Thanks for advice, I guess Wells Fargo needs to change the policy that they will protect your account information only if someone you don 't know has accessed it, but if it is someone you know, even if you have chosen not to have them on your account, then your 100% responsible for whatever they do no matter what. Wonder why they ask for "security reasons" if anyone else is a signer on your account? The answer is no. If the lenders had done the right thing and verified in some way that this was in fact ok with the person whose name is on the account then none of this would have happened. This lender states at the bottom of the 1st email that if someone calls saying they are CP Investors to hang up and gives a different number to call. Does that sound like a legit business? Who does that?
As everyone keeps saying, your "douchebag" of a husband is to blame for this whole situation. He gave these people your account information and he authorized them to deposit into your account. For all the lenders knew, your husband was telling the truth when he claimed to be authorized to use your account. And so far, with you not making the appropriate report to the authorities, the bank doesn't know anything different. As long as you continue to protect your husband by NOT filing a report with the police, yes, you will remain 100% responsible for whatever happened with your account - because you continue to refuse to do the one thing that will legitimize your position.

When you are ready to accept that your being stubborn here is the only thing stopping Wells Fargo from acting on your behalf, you will get the satisfaction that you are demanding. You already admit that your husband was in the wrong. Why are you still protecting him? Is protecting him worth losing your money, your credit rating, and your ability to obtain a bank account again in the near future?
 

AprilC

Junior Member
As everyone keeps saying, your "douchebag" of a husband is to blame for this whole situation. He gave these people your account information and he authorized them to deposit into your account. For all the lenders knew, your husband was telling the truth when he claimed to be authorized to use your account. And so far, with you not making the appropriate report to the authorities, the bank doesn't know anything different. As long as you continue to protect your husband by NOT filing a report with the police, yes, you will remain 100% responsible for whatever happened with your account - because you continue to refuse to do the one thing that will legitimize your position.

When you are ready to accept that your being stubborn here is the only thing stopping Wells Fargo from acting on your behalf, you will get the satisfaction that you are demanding. You already admit that your husband was in the wrong. Why are you still protecting him? Is protecting him worth losing your money, your credit rating, and your ability to obtain a bank account again in the near future?
I can see what your saying really, but I don't want my husband to go to jail, I just wish that all this would be dumped in his lap for him to sort out and him to deal with. It's not fair, but I understand what your saying. Sorry for being stubborn and thanks for advice, I will have to file a report or just suck it up. But please answer one question..What is the point of me having a checking account without him or any one on it? Please answer that. Why is it that Wells Fargo and everyone else seems to be protecting these lenders? Why is no one on my side? What did I do wrong? I thought that having my own checking account would protect me against anything that anyone did including my husband. Wells Fargo is responsible for some part of this and my husband the other. Why is it so important to you that my husband is punished and so hard to believe that it was a mistake? Why should I not expect Wells Fargo to protect me? No one seems to understand what I am saying. I have talked to another bank and they say it would not have even gotten this far because he is not on my account this wouldn't have been allowed. The loan does not have my name anywhere on it. Maybe somebody will not auto assume that we are in on this together and have something to gain and actually listen to what I am saying. I am trying to protect myself. Wells Fargo is supposed to protect my account and they did not. If I was trying to pull a fast one why would I put my own account and credit on the line? Just think if this was you for one second, and your wife/husband/father/mother accidentally used your checking account information. Would you feel the same way and want to call the police on them? Would you not be upset that your bank allowed this?
 
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sandyclaus

Senior Member
I can see what your saying really, but I don't want my husband to go to jail, I just wish that all this would be dumped in his lap for him to sort out and him to deal with. It's not fair, but I understand what your saying. Sorry for being blind and thanks for advice, I will have to file a report or just suck it up.
I guess you really don't get it.

Your husband is NOT going to accept responsibility for his actions if you don't force the issue with him. He is counting on you to NOT file that police report. Why? Because as long as you don't, there's no reason for him to man up. You'll be screwed, he'll be laughing behind your back, and he WILL do it again - COUNT ON IT. You will continue to be his doormat as long as you choose to look the other way.

So your choice here is to report him and let him take the fall for something he caused, or do nothing, and YOU take the fall for something he caused. Is it fair? No. But the choice is yours. If he loved you, he would NOT screw you over like that. If you choose to stay married to this douchebag and let him do these things to you, you will continue to get screwed over by him, one way or another.

Play the victim or stand up for yourself and stop being a victim. It's your decision, and your decision alone.
 

AprilC

Junior Member
I guess you really don't get it.

Your husband is NOT going to accept responsibility for his actions if you don't force the issue with him. He is counting on you to NOT file that police report. Why? Because as long as you don't, there's no reason for him to man up. You'll be screwed, he'll be laughing behind your back, and he WILL do it again - COUNT ON IT. You will continue to be his doormat as long as you choose to look the other way.

So your choice here is to report him and let him take the fall for something he caused, or do nothing, and YOU take the fall for something he caused. Is it fair? No. But the choice is yours. If he loved you, he would NOT screw you over like that. If you choose to stay married to this douchebag and let him do these things to you, you will continue to get screwed over by him, one way or another.

Play the victim or stand up for yourself and stop being a victim. It's your decision, and your decision alone.
Ok I DID IT! I filed a police report against my husband, lets see how this will help to get the $74.01 in overdrafts and $25.00 fee reversed. Will let ya know
 

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