Date Received: 2021-08-20
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Santander Consumer USA is actively engaged in abusive debt collection practices and inaccurate credit reporting against me. I have sent Santander several letters directly to resolve this matter amicably. Attached below is my most recent cease-and-desist letter and challenge letter which they received as the tracking number via USPS certified mail confirms. I ask the CFPB to ensure Santander Consumer USA deletes this account from my credit reports as it is in violation of federal laws under the FCRA and FDCPA. My attached letter outlines all the issues and violations. It is illegal for Santander to continue communicating with credit reporting agencies after receiving my cease-and-desist letter which is in there possession as of XX/XX/2021.
Company Response:
State: TX
Zip: 77004
Submitted Via: Web
Date Sent: 2021-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-20
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: Someone leased a car in my name in 2017 I believe I didnt even have license or insurance at this time but they purchased a car off-line for about XXXX the car was picked up for non-payment and they sent me a letter stating I owed {$6400.00} because they saw the car and Im responsible for the rest they put it on my credit I contact the credit bureaus and my bank. The company was XXXX XXXX and the debt collector as for Santander now is XXXX XXXX
Company Response:
State: GA
Zip: 30906
Submitted Via: Web
Date Sent: 2021-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-20
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: My loan on my car is reporting as closed, charged off. I called Santander Consumer & they just told me to continue making my payments but it will still show as charged off.
Company Response:
State: AL
Zip: 360XX
Submitted Via: Web
Date Sent: 2021-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-20
Issue: Communication tactics
Subissue: Used obscene, profane, or other abusive language
Consumer Complaint: Lawyer from XXXX XXXX XXXX called and threatened me saying that if I did not pay he would suspend my license and car registration. Called me a imbecile and a deadbeat for not paying. This is from a repossession from 2007. Florida law clearly says that they have 5 years. They continued to mock me while I asked for their business name and information to list on my bankruptcy forms as required by law. I tried multiple times to provide them a current address to be served and they refused to accept it and filed and tried to serve me at a known invalid address. They are abusive and bottom feeders who solely pry on people in economic hardships.
Company Response:
State: FL
Zip: 33805
Submitted Via: Web
Date Sent: 2021-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-20
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: XX/XX/XXXX I was sent by email from the consumer financial protection Bureau that my complaint had a response I checked the complaint and located another forgery/ forged signature of mines on loan documents. I have attached such documents page 6. I confirmed over the phone and by email an employee XXXX XXXX from XXXX sent over an email to me with all the loan documents and page two was not signed until I notified such parties ( XXXX and Chrysler Capital ) of the incomplete loan documents. When I notified Chrysler Capital the company confirmed over the phone and ( I video taped myself calling Chrysler and in fact they did not have my signature on page 2 of the retail installment contract ) the company confirmed that I did not have a signature on page two of the loan documents. However today I notice that page two was signed but its not my signature ( XX/XX/XXXX ) Chrysler Capital/ XXXX XXXX unlawfully forged my name on page two. Please see attached documents Page Two is a forgery and is not my signature. Chrysler Capital response to my complaint attached with page two of the loan document forged. Also the controller signed the document just recently at the end page 5 although the emailed documents sent to me over the internet and the documents in which I picked up did not have a signature of a purported controller signed at the bottom. The emailed documents were sent over to me by Aristocrat incomplete on XXXX XXXX XXXX. See attached email in which XXXX sent. Now the documents were completed and signed/ forged and sent by email to the consumer Financial protection Bureau. The loan company has defrauded me and has worked with the dealership to forge my name on loan documents obligating me to a loan with a 25 % interest rate. Also there is fraud on the title and Chrysler Capital did not do any checks and balance to see if the title was properly transferred from the owner to the dealership. Also someone at XXXX XXXX - employee has signed a affidavit of correction for the motor vehicle department in XXXX XXXX under the penalty of perjury who purports to be a XXXX XXXX XXXX who represents XXXX XXXX regarding the sale of the vehicle for the title. The document attached ( Page 2 ) states quote and is handwritten by a purported XXXX XXXX XXXX which states - I, XXXX XXXX XXXX do solemnly swear that I signed in addition to signing my business name on back of title in error. The purported person by the Name XXXX XXXX XXXX then signs his name and prints such a name XXXX XXXX XXXX. I am unable to locate a XXXX XXXX XXXX who has any form of association with XXXX XXXX who could have signed over the title to XXXX. A XXXX XXXX XXXX has never worked or has been an authorized agent of XXXX XXXX that would or could have sold a XXXX XXXX on behalf of XXXX XXXX with the VIN XXXX XXXX can not produce such person by this legal name with valid identification whom is associated with XXXX XXXX with the exact name of XXXX XXXX XXXX. Attachment Page 3 document is a Kansas Secure Power Of Attorney form which purports to be the transferors name of XXXX XXXX XXXX for the VIN XXXX. This document has a purported signature of a XXXX XXXX XXXX on behalf of XXXX XXXX as authorized agent the form doesn't give XXXX XXXX XXXX Drivers License Number at the top of the page nor the state in which it was issued ; nor does this document give XXXX XXXX XXXX XXXX address. This purported XXXX XXXX XXXX purports to have signed a power of attorney authorizing XXXX XXXX ( XXXX XXXX ) as XXXX on XX/XX/XXXX ( Page 3 ). However the signature of XXXX XXXX XXXX on attachment page 2 and XXXX XXXX XXXX signature on attachment page 3 is drastically different and such a person by the name of XXXX XXXX XXXX doesn't exist nor such a person by the name of XXXX XXXX XXXX have any connections with XXXX XXXX. The name XXXX XXXX XXXX is very specific and such a name is printable on the documents ( Attachment page 3 ) which purports to transfer title of the VIN XXXX to XXXX XXXX on XXXX although such is of a forgery/ fraudulent. The loan company or the dealership can not provide me with evidence that a XXXX XXXX XXXX exist in which his full name would match the documents of title transfer. It is my understanding that a XXXX XXXX XXXX doesn't exist and that there is no authorized agent by the name of XXXX XXXX XXXX with XXXX XXXX and if in fact it isn't a XXXX XXXX XXXX whom was the authorized agent the purchase of the vehicle is not valid purchase which also means the vehicle was not legally sold to XXXX XXXX on XXXX which means XXXX did not have ownership not a valid title or legal ownership to have sold the vehicle on XXXX If XXXX XXXX XXXX ( Authorized Agent of XXXX XXXX ) doesn't exist the vehicle was never legally sold to XXXX XXXX on XXXX. XXXX XXXX XXXX would not mis spell his own name on several documents nor make a hand written statement using a purported name of XXXX XXXX XXXX ( Page 2 ). Also the Assignment of Title Page 1 and Page 6 is incomplete the buyer missed the step of checking the box for the question Is vehicle subject to a lien yes or no one of the boxes must be checked ; the Seller did not write in the purchase price of the vehicle under the penalty of perjury. The Title Documents are incomplete which is dated XXXX I myself have contacted XXXX XXXX and a XXXX XXXX XXXX doesn't exist. I also had an investigator go to the address on the title and the investigator confirmed that no XXXX XXXX XXXX exist which is more forgery and fraud. I await your reply.
Company Response:
State: KS
Zip: 662XX
Submitted Via: Web
Date Sent: 2021-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-19
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I filed a dispute in regards to inaccurate inquiries on my credit report its been well over 30 days and I have not received any investigation results. . The inquiry was not authorizedXXXX XXXXDate of inquiry : XX/XX/XXXX 2. The inquiry was not authorizedXXXX/XXXX XXXXDate of inquiry : XX/XX/XXXX 3.The inquiry was not authorizedXXXX XXXXDate of inquiry : XX/XX/XXXX 4. The inquiry was not authorizedSantander USA Consumer Date of inquiry : XX/XX/XXXX 5. The inquiry was not authorizedXXXX/XXXX XXXX Date of inquiry : XX/XX/XXXX 6. The inquiry was not authorized US Small Bus Admin ODADate of inquiry : XX/XX/XXXX
Company Response:
State: GA
Zip: 30341
Submitted Via: Web
Date Sent: 2021-08-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-03
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I purchases a car and financed it through Chrysler Capital in XXXX, about a year or so I was in an accident. The car was totaled and taken to the impound yard where my insurance adjuster viewed it and confirmed that it was totaled and that it would be paid. A month or so later I was notified that the bank had taken possession of the car and it was no longer in the impound yard. I never heard anything further about it. Then I found it on my credit report as a charge off with the full balance of {$20000.00}. I've written the bureaus and the Chrysler Capital several times and no one will give me a response.I don't think I owe this amount even if the insurance didn't fully cover the cost it wouldn't be this high. I never received any paperwork from them. A few days after the insurance confirmed the car was totaled I went to a dear purchase the same make, model and color car I have never been late. Now a week ago a tow truck showed up trying to repossess the original car that they said they had from 5 years ago and I still have yet to receive any paperwork from Chrysler Capital or the impound yard for that matter.
Company Response:
State: TX
Zip: 78212
Submitted Via: Web
Date Sent: 2021-08-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-20
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: This complaint is against the following lender : Santander Consumer XXXX XXXX XXXX Ft. Worth, Tx XXXX Santander Consumer is reporting a vehicle loan as charged off, showing a {$29000.00} balance on a car that was voluntarily surrendered XX/XX/XXXX. It was then sold ( supposedly ) on or around XX/XX/XXXX. This item is reporting as a charge-off, but I am disputing the accuracy of this item, because I believe the company is reporting this item in error, and it should be removed. The company states they sent information regarding the sale of this vehicle, but it was never received. For a situation of this nature, it would have been in their best interest to have sent it certified, to ensure that it was received properly. There was never notification that the car was being sold, when or to whom and for how much. The letter dated regarding the sale of the vehicle I was recently sent ( XX/XX/XXXX ), was dated for XX/XX/XXXX. The vehicle was picked up on or around this date, so how could they send a letter notifying of a sale if the car was picked up days before this letter was supposedly generated. That A " voluntary repo fee '' was assessed on XX/XX/XXXX, yet the sale of the vehicle was reportedly done around XX/XX/XXXX of XXXX. Basically, the time of voluntary repossession, notification of sale and actual sale, I believe violates my rights as a consumer. This company did not grant any of the following during the course of the repossession and sale of the vehicle when asked. There was no verification, or validation of why this item is being reported and how they are lawfully reporting this item on my credit report. *EFFECT OF ERRORS OR OMISSIONS *NOTIFICATION BEFORE DISPOSITION OF COLLATERAL *TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL *CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL I would like to have this issue investigated immediately. This is a predatory loan company and their integrity has been in question quite often over the last few years. Please investigate, as they are not being of any assistance in trying to get to the bottom of this matter.
Company Response:
State: TX
Zip: 75228
Submitted Via: Web
Date Sent: 2021-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-19
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: Class Action Lawsuit against Santander USA during this time against the Fair Credit Report Act ( FCRA ) violations or Fair Debt Collection Practices Act ( FDCPA ) violations. Negative remarks are crippling my score from a XXXX+ to a XXXX when pulled for a new auto loan. Only negative remark on my score. Account has been closed for over 5 years. This is crippling in today 's society. Acct : XXXX
Company Response:
State: OH
Zip: 442XX
Submitted Via: Web
Date Sent: 2021-08-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-19
Issue: Trouble during payment process
Subissue:
Consumer Complaint: My loan is serviced by Santander Bank. I have been trying for months now to get them to pay the property taxes for my house, for which I pay into an escrow account every month. They have also failed to pay the insurance bill. I received a notice from the bank that I don't have insurance with a threat to purchase the bank insurance so I needed to pay for the insurance while my money sits in escrow. Most recently I received a lien notice from Department of Finance for unpaid tax bills and now I fear my house may be foreclosed on. This is all while I continue to pay into my escrow account. I have called numerous times over the past three months, and each time am told that they are looking into the issue but nothing is being done. The most recent time I called and asked to speak to a supervisor. I was told that they do not accept incoming calls and was promptly hung up on. I am at the end of my rope and do not know what else to do. I continue to pay for an escrow account while my insurance and tax bills remain unpaid.
Company Response:
State: NY
Zip: 10312
Submitted Via: Web
Date Sent: 2021-08-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A