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Wells Fargo Recoupment?

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PenRab

Junior Member
What is the name of your state (only U.S. law)? New Mexico.

I was recently laid off from a company after about 7 years of service. With money getting tight, I decided to cash out my 401k to pay off my debts (mostly credit cards). I initially called them up to inform them of my decision and was told to expect a check within 3 business days (I told them the bank account they had on file is no longer active or valid). Time goes on and nothing. I call them up again and they inform me that there was a direct deposit error and I should expect a check due to rejection within another 3-5 business days. So I'm already frustrated here because I already told them to not go that route. I wait the quoted time and still nothing. I had to call them everyday for weeks on end to make sure they did their job. A withdrawal that should have only taken a few days took almost a whole month. I finally get my checks, pay off everything and get on with my life.

I received a letter today from Wells Fargo that I was overpaid. All of the money in my account was fully vested but they claim they gave me 2k too much. They don't mention it's a tax withholding or anything of that nature, they just made a mistake. I left everything in their hands throughout this frustrating and miserable experience and now they want this money back that I don't have. What are my options here???

Any and all help is greatly appreciated!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? New Mexico.

I was recently laid off from a company after about 7 years of service. With money getting tight, I decided to cash out my 401k to pay off my debts (mostly credit cards). I initially called them up to inform them of my decision and was told to expect a check within 3 business days (I told them the bank account they had on file is no longer active or valid). Time goes on and nothing. I call them up again and they inform me that there was a direct deposit error and I should expect a check due to rejection within another 3-5 business days. So I'm already frustrated here because I already told them to not go that route. I wait the quoted time and still nothing. I had to call them everyday for weeks on end to make sure they did their job. A withdrawal that should have only taken a few days took almost a whole month. I finally get my checks, pay off everything and get on with my life.

I received a letter today from Wells Fargo that I was overpaid. All of the money in my account was fully vested but they claim they gave me 2k too much. They don't mention it's a tax withholding or anything of that nature, they just made a mistake. I left everything in their hands throughout this frustrating and miserable experience and now they want this money back that I don't have. What are my options here???

Any and all help is greatly appreciated!
Have them prove their position to your satisfaction. Then, repay what you were given in error.
 

PenRab

Junior Member
Thank you both for your prompt replies. I definitely agree that I should have them show me how they exactly arrived at that amount.

I would prefer to keep this in writing so I don't get recorded on tape saying something that hurts me should this go to court for some reason.

What would you say would be the best way to respectfully question their accounting? I don't really see me fighting this and winning considering they have much deeper pockets. Even though I'm ticked I don't want to tick them off and have them take me to collections or take legal action against me for the aforementioned reasons.
 

LdiJ

Senior Member
Thank you both for your prompt replies. I definitely agree that I should have them show me how they exactly arrived at that amount.

I would prefer to keep this in writing so I don't get recorded on tape saying something that hurts me should this go to court for some reason.

What would you say would be the best way to respectfully question their accounting? I don't really see me fighting this and winning considering they have much deeper pockets. Even though I'm ticked I don't want to tick them off and have them take me to collections or take legal action against me for the aforementioned reasons.
Simply ask them to prove, in writing, that you were overpaid.
 

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