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Wells Fargo Lawsuit


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I posted these results on another board, but I wanted to share them here, also, as I have been reading on this board for about a month or so.

I sued Wells Faro for non PP for my CR. They pulled mine twice and DHs twice - 6 weeks after we closed on our home. I send countless letters to them, asking them to please notify the CRAs of their error. No dice. They sent me a letter telling me they didn't know if or why they pulled my credit and to dispute with the CRAs directly. I sent them back a letter from TU & Experian telling me to dispute with the OC. I then got a letter from WF saying that they did pull my credit, but it was a "soft" inquiry. They then proceed to tell me the difference between a "soft" and a "hard" inquiry. They said that this soft inquiry didn't hurt my score at all. They also said that they gave me a firm offer to refi at no cost. BIG FAT LIE. We hadn't even made a payment on our loan, and we had a 2 year prepayment penalty on it. Also, I had my Credit Expert report that said it was a HARD inquiry and it caused my score to go down 4 points. I then filed small claims. On my first court date, nothing happened. They sent a bigshot attorney from another town 1 hour and 45 minutes away. He asked for a continuance. They sat another date a month later. When we showed up he said tht he made a recommendation to Wells Fargo over a week ago, but they hadn't returned any of his calls, so he asked for another month. He told the judge that it would be resolved before that date. The week before the date I spoke to him and he said that he recommended settling the case, but didn't have the authority to do so yet. He said he would call as soon as he heard from them. I called the day before court and he said "WF wants me to try the case". When we went, we were in a different courtroom with a different judge. I found out that the first two were only pretrial appearances. This was the real thing. I presented my case and submitted all of my evidence. The attorney kept objecting to my evidence, because it came off the internet. The judge asked me if I had personally looked all these up? I said yes and the addresses were printed on the bottom. He asked if I personally had printed them on my own PC? I said, yes I did. He overruled each objection! I was scared that the attorney had something up his sleeve I didn't know about. He didn't. He presented our application that said that they could review our credit. I stated that meant that they could review it up until we closed (I had presented FTC opinion letters stating mortgages are closed end and can't be reviewed after closing). He had our mortgage that said they could change our terms if we failed to pay insurance or taxes. The judge said "did WF thing that any of those conditions existed?" He said, no. but it meant that that law didn't apply. The judge got irritated and picked up my copy of the FCRA and said "Do you mean to tell me that you are saying WF doesn't have to abide by these laws? That is exactly why these laws were written, to protect the consumer from having a bank ruin someone's credit." I then gave my closing argument. The judge smiled at me and looked at the attorney and said "Now that's a persuasive argument'.

He ruled in my favor - maximum fines for WF. $2061 for me and $2061 for DH. $2000 for 2 pulls each and $61 filing fee.

Justice was served!

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  • 1 year later...

I filed a non-PP small claims case against Wells Fargo. Someone from their Legal Dept. called me today, and it looks like they are going to be boneheads and not settle. Could you please PM me what court I can go to in order to obtain a copy of your judgment? Oh, and did you file one case or 2? And have you gotten your money yet? Thank you so much.

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I had a non pp from Wells and they opened a savings acct in my name that I did not authorize. When I requested to know what was going on, they changed it to a soft inquiry and closed the account and that is all I heard. They aren't my favorite company...

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