Couple says Wells Fargo failed to pay off creditors as agreed

Kelly Holleran Mar. 13, 2012, 8:20am

A Jefferson County couple has filed suit against Wells Fargo Financial, alleging it negligently failed to pay off more than $30,000 in debt it promised to consolidate for the couple.

Edward and Eura Senigaur allege Wells Fargo Financial in Beaumont approached them on March 26, 2008, promising the couple that it could consolidate their debt. The Senigaurs owed money to numerous creditors at the time, including Chase, Citi Shell, ExxonMobil Citi, Citibank, Conns, Wells Fargo, WFNNB and Capital One, according to the complaint filed March 2 in Jefferson County District Court.

The Senigaurs agreed to allow Wells Fargo to consolidate the debt and promised to make 54 payments of $721.60 each. In total, the Senigaurs would pay Wells Fargo $38,958.40, the suit states.

Since March 2008, the Senigaurs have made the required payments, the complaint says. However, they claim that Wells Fargo has not honored its end of the bargain.

"Toward the end of 2010, plaintiffs began to receive collection notices on the accounts that defendant contracted to pay off on plaintiffs' behalf," the suit states.

After they began receiving the calls, the Senigaurs attempted to contact Wells Fargo Financial, but discovered the Beaumont branch had been closed. They claim they were given the run-around by Wells Fargo and soon discovered that none of their debts had been paid, according to the complaint.

"Not a single penny was sent to any of the nine accounts that defendants agreed to pay off per the Agreement," the suit states. "After over a year of researching, with zero help or sympathy from defendants, plaintiffs uncovered that Wells Fargo Financial did in fact write the checks for the accounts, but that the checks were never sent to their creditors and instead were deposited into another account unrelated to the Senigaurs or their debt."

The Senigaurs allege breach of contract, violations of the Deceptive Trade Practices Act and common law fraud against the defendants.

As a result of Wells Fargo's actions, the defendants suffered damage to their credit rating and endured mental anguish, the complaint says.

The Senigaurs seek actual, exemplary, treble and credit reputation damages, plus pre- and post-judgment interest, costs, attorney's fees and other relief the court deems just.

They will be represented by Kenneth W. Lewis and Stephen L. Townsend of Bush Lewis in Beaumont.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Case No. D192-046

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