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    Bobak's Avatar
    Bobak Posts: 12, Reputation: -1
    New Member
     
    #1

    Jul 28, 2008, 10:12 PM
    Can I sue my lender?
    A few months ago, I walked into Wells Fargo to make my equity line payment. I handed them the statement and wrote a check for the amount owed. Next month, I show as being past due because the teller applied it to principal rather than interest (they do this 1/2 of the time when I clearly state it is for my payment only!). I called in to have it corrected and they said it would be, but it wasn't. Called in a few days later and spoke w/ a supervisor that was going to correct it, and said that $125 would be credited back to my account for a previous error. 2 weeks later, I saw that the payment correction was made, but the 125 was not credited. She didn't return 3 of my messages, so I called the main dept. and spoke with someone else, was put on hold for 7 minutes and hung up on. Called back and spoke w/ a supv who said she'd call me back that day, she didn't. Next day I left message, no call back, next day another message for her and one for her supv. No call back. Next day, message. For her supv, nothing. Spoke w/ another rep in the equity division who couldn't believe the crap I've had to deal w/. He called the cust. mgmt. dept (same dept the others were in) and on conference, another rep said this would be done no later than Monday (today) and that his supv would call me. He also said that he would fax me a letter saying my account is in good standing and that there is nothing derogatory (w/in 48 hours), didn't send it. Today none of these supervisors answered calls or returned messages. Can I sue? If so, what is the realistic amount I can sue for? I was thinking of small claims court for 2500 and would do it every time they screw up. Help!
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #2

    Jul 31, 2008, 07:03 AM
    Sure you can sue anyone you want to for anythng. It's the winning the suit that's going to pose a problem. What are your grounds for a suit? The fact the bank messed up and didn't apply the money to the right portion of the loan? I doubt you would win a suit on that cause. Sometimes when you pay a bill at the wrong place (yes, walking in versus mailing in can result in the wrong place) your payment does not get processed the way you want it to. Have you always mailed in your payments in the past and just decided to go into the bank in person and pay it that time? Yes, the bank received your payment granted, but they did not apply it properly the way you wanted it credited. The ladies who work in customer service obviously could not solve this problem for you. Have you since gone back in person to the bank and had a meeting with the branch manager about this problem, probably not. Phone calls are easy to get rid of. People in person present a different way of solving problems. Try that.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jul 31, 2008, 07:05 AM
    I see no basis or groundfs for any suit. Other than annoynace, they caused you no harm.

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