Wells Fargo Mortgage Dispute Question

[buckeye5858]

Hello, first time poster.  I have been going through an issue with Wells Fargo since November, 2012.  At that time they had miscalculated my escrow, and said that they would recalculate the amount, and I should pay after they had recalculated.  I ended up paying November and December's mortgage on December 14th, 2012, which was not late for December, but was (obviously) late for November.  Of course, I then received a late charge for November's payment, despite the fact that they instructed me not to pay until the issue was rectified.  I called them and they removed the late charge, and said that it should be removed from my credit report, and instructed me how to make that happen.  I faxed the information to the Credit Dispute Department, and recently re-checked my report, shocked to see that it hadn't been removed.  I then faxed another letter, with the original letter also attached.  I received back a letter from them within the week saying that they reviewed everything ,and they would not remove the information from my credit report.  

I called last night, and they said there was no one that I could speak with, that I'd just have to fax the information in again.  This is extremely frustrating, as this is not my fault, and I have never had a late from a mortgage on my credit report before.  I've had a mortgage with Wells Fargo since 2008, and have never had a reported late in the past (the most late I have ever been is a couple of days), so I'm not sure why they are giving me such a hard time.

What should my next step be?  Should I just suck it up, and ask for a Goodwill removal, even though the late was not my fault?  Is there someone at Wells Fargo that I can call or email?

Thanks in advance!

[guiness56]

Welcome to the forums.

I was going to suggest a direct dispute with Well Fargo but since you have been in contact with them, that probably will not work.

At this point I would file a complaint with the FTC and the CFPB.

http://www.ftc.gov/

http://www.consumerfinance.gov/

[buckeye5858]

Will it matter that I don't have any proof that they told me to pay late?  It was via phone call, so there is no documentation.  What I do have is history on my account that shows that they adjusted the payment amount that month.

[rckstrscott]

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@buckeye5858 wrote:

Will it matter that I don't have any proof that they told me to pay late?  It was via phone call, so there is no documentation.  What I do have is history on my account that shows that they adjusted the payment amount that month.

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+111101920192084098283409829304 to what Guiness said...

I have had successes with using the CFPB -- since its realtively new, and their power is fairly strong, companies have been taking it pretty seriously..

I would definitely go the CFPB route for sure. You might have success...

-scott

[buckeye5858]

Thank you both!

[RobertEG]

In my opinion, you have a factual issue over whether there was a delinquency.

I dont see a clear issue of violation of the FCRA until that issue is resolved.

Complaint to either the FTC or CFPB can result in inquiries being sent, so by all means give it a shot, but they cannot ultimately resovle issues of contested facts.

They are charged with administrative review of clear violations.

Until the mattter is factually resolved, I dont see a clear violation of the FCRA that would give rise to sanctions or action by the FTC or CFPB.

[buckeye5858]

My case with the CFPB was concluded today. Wells Fargo stated that they reviewed my phone conversation in November, and I was instructed to pay on November 26th, and I instead paid for both November and December on December 14th.  

Is asking for a GW removal the only thing I can now do?  They told me that they cannot remove it from my credit report because they are required to report accruately to the credit boards.  I guess the most frustrating thing to me is that the only time I've made a late payment to them is this time, when something happened out of the norm (they made an error in calculating my escrow), and I didn't then pay by the arbitrary date told to me by somone on the phone.

[guiness56]

Is that what they told you?

They can remove it.  FCRA says if they report it has to be accurate, not that they have to report.  Any creditor can change prior reporting.

I would send GW letters to the CEO or someone big in the company explaining what happened, any misunderstandings that happened etc.

[buckeye5858]

Yes, that's what the gentleman told me today on the phone.

Thank you so much.  I will do another post to check on the best contacts for Wells Fargo GW letters.

[guiness56]

I meant is that what they originally told you or is that what they are saying they told you.  I am referring to the phone call with WF and not paying.