Legal Question in Banking Law in Florida

Wells Fargo banking

Ok, i was passed due on my credit account, i hit 179 days. I understand that after 180, as agreed to in the contract that i signed upon opening the account. After speaking to a representative, i was told that i had 6 days from the 30th(the 179 day mark) to pay the min. $25.00 payment.

Now, i have had problems with wells Fargo in the past so i would ask consent to record the call(on all calls received or sometimes the calls placed) and if they don't give it to me i would hang up and ask them to send me a notice in writing. so, i would say 95 percent of the time the employees say", no i cant record the call", but Monday the 30th employee id u276104(Christina) gave me permission. She went over an option of me making a settlement which i asked her if i could wait until Tuesday to either make teh option of making the settlement OR make the 25 dollar min payment.

OK.. it ends up that my account was charged off and the recovery department said even if she misspoke that i am still under contract.. does what the employee said constitute a verbal contract enacted between the both of us since it was recorded on both sides of the call?

Second, if it doesn't or does can i still report it (with any outcome) to the office of comptroller of the currency via US dept of treasury ?? sorry for the incorrect grammar, as i am extremely frustrated after literally being indirectly called a liar by Wells Fargo recovery supervisor(name not disclosed , although i really want to).

I have a lot more as to what was said and the problems that i have had in the past and will disclose upon request ? i just want what was promised to (3x i confirmed btw) me by an employee at wells Fargo. i understand that i was in the wrong by not paying my account, but (at 21.99 variable rate with paying over $650 dollars on an 800 credit line), i do believe that they should keep their end of the commitment by honoring what a Employee at wells Fargo told me.


Asked on 10/01/13, 5:19 pm

1 Answer from Attorneys
Stephen Verbit Stephen R. Verbit, P.A.

From what you have written, it does not sound like you had an enforceable settlement agreement because you asked if you could wait until Tuesday to either accept the settlement or make the minimum payment and it does not sound like you did either. If you had accepted the settlement at the time, you might have a stronger case. Nevertheless, you can certainly report what happened to the OCC. In my experience with the OCC, nothing will come of it, but it is your right to make a complaint. You still have to decide what to do about the debt. You may want to consult with an experienced collection defense lawyer to get some advice.

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Answered on 10/01/13, 6:44 pm


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