Date Received: 2022-07-16
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I submitted a dispute to XXXX via the XXXX XXXX website on XX/XX/XXXX, about missed payments on my XXXXSANTANDER account. I phoned Santandar on XX/XX/XXXX and asked the agent could you please remove the four missed payments that occurred in XXXX. The account is now paid in full and on time in line with the financial contract ; the agent placed me on hold and reverted back after some time speaking with the accounts department and kindly said they would remove the missed payments in XXXX as the account is paid off in full. I thanked the agent for being very understanding and thanked her for her time. I received the update from the XXXX investigation on XX/XX/XXXX, with no changes. In XXXX I submitted a complaint for the four missed payments that were reported in error when I set up a payment arrangement due to covid, which I completed and brought the account up to date. I don't understand why they can not be fair here and remove these missed payments when I was in full communication with the agent in XXXX ; this was not my error due to lack of communication. Also, as stated in my previous complaint, the agent said she made notes and assured me everything would be fine ; hence that was not the case, as I was punished with late payments on my credit file. Recordings are made during customer calls, which is why this is not fair as they should investigate ; however, nothing has been rectified, and the truth is not being brought forward. As a customer that followed through with my words to the financial institution, they are not being fair. It's very disappointing and discouraging.
Company Response:
State: CA
Zip: 90069
Submitted Via: Web
Date Sent: 2022-07-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-15
Issue: Managing the loan or lease
Subissue: Problem with the interest rate
Consumer Complaint: The loan XXXX with Santander consumer USA these are deceptive practices in which this company is already been involved in and lost a multi million dollar lawsuit right before my car was financed with this company in which I have experienced the same issues and interest-rate which I was not told about in the beginning that you can not refinance nor will they change payments or posting for interest only without anything posting to the principal so the amount you owe on your vehicle never goes down they report incorrectly to credit reporting almost making it impossible for you to trade or refinance the vehicle for a less interest rate the biggest thing though that I think I noticed is there auto payment system everyone needs to check their accounts because what has happened to mine is it is set on a auto draft setting that they claim they cant remove so upon logging into the account it appears that your payment is already set up to deduct from your account so of course you dont want to make a double payment and return what happens is the payment is never processed in which it makes you look like youve missed your payments and Ill top of that they charge a late fee so if you think about all the millions of people that have auto loans financed through this company still if everybodys accounts are set up like this theyre making a ton of money just off of late fees because I know myself and my family because when I work out of town its left with somebody else who will pay bills on my account anytime theyve ever tried to login it says that the payment is already scheduled obviously theyre not going to schedule another payment so I know around that theres been times that I have missed two payments in a row thinking the payments are being made this is a complete scam from start to finish I have contacted multiple times about all of the situation my loan at one point was more than what I purchased the vehicle for because of their late fees and posting all of my payments towards interest in nothing towards a principal very little has been posted to the principal on my car in the year and a half that Ive owned it they should be shut down for what they do
Company Response:
State: AR
Zip: 71913
Submitted Via: Web
Date Sent: 2022-07-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-15
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Santander Consumer USA has changed the status of an account that negatively affected my character, my mood of living, and my general reputation. I have been damaged as a result of their inaccuracy. XX/XX/2020 they listed a charge off item on my consumer report. I requested the Form 1099C. Santander Consumer USA clearly stated that the debt has not been canceled. If the debt is not canceled, why are they reporting an inaccurate account status on my consumer report? That is fraudulent in nature and under 15 USC 1681 s-2 Duty of furnishers of information, they are prohibited by law to report inaccurate information. I ask them several times to delete the Inaccurate information on my consumer report immediately. The IRS Clearly defines a charge off as Gross Income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes Santander Consumer USAs reporting of the account inaccurate! A canceled debt must get reported as gross income on the tax return with the form 1099-C. 15 USC 1681 S-2 ( a ) ( 1 ) ( A ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. I have shown and given Santander Consumer USA several notices that they are furnishing inaccurate, incomplete, and incorrect information and by law they are prohibited to report such information. Therefore such inaccurate, incomplete, and incorrect information needs to be deleted off my consumer report immediately ; as well as send a copy of the form 1099-C. I have filed complaints with the Attorney General of North Carolina, the Attorney General of California, the Attorney General of Texas, the XXXX XXXX XXXX, the FTC and will be filing a complaint with the IRS. In conclusion I am writing to your office to please help me to resolve this clear violation of my consumer rights under the law 15 USC 1681 s2. The continued reporting of this inaccurate, incomplete, and incorrect information is causing me and my family severe harm due to Santander Consumer USAs negative reporting on my consumer report. Please help me to DELETE this inaccurate, incomplete, and incorrect information ( the charge off ) from my Consumer report immediately.
Company Response:
State: NC
Zip: 283XX
Submitted Via: Web
Date Sent: 2022-07-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-15
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: This dispute is for the credit reporting for the end of the loan on a XXXX XXXX XXXX. I traded the vehicle in on XX/XX/XXXX. The car dealership XXXX XXXX resold the vehicle to a new owner XXXX weeks later. I took possession of the new vehicle the day the mustang was traded in on XX/XX/XXXX. Due to the Car dealership taking so long to process the financing paperwork one of the banks backed out of financing and they had to secure additional financing. That was finally completed the third week in XXXX. After it was secured after their delay and by no fault of my own. Payoffs were sent for the trades to the lenders despite the vehicle being resold to a new owner more than a month before they sent payoff. Santander then proceeded to report a 30 day late payment despite payments going through weekly prior to that. I was in contact with Santander the whole time explaining the situation and I was advised that they will hold the account and provided information for the dealership and tracking for the payoff. I reached out to Santander consumer services after they reported a 30 day late to my credit report and was advised by a really rude rep that Santander didn't care what happened. That is terrible considering everything going on with the pandemic and in the world that Santander would be such a predatory lender. This was not my fault and I feel like I should no be penalized for this.
Company Response:
State: FL
Zip: 32257
Submitted Via: Web
Date Sent: 2022-07-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-14
Issue: Getting a loan or lease
Subissue: Credit denial
Consumer Complaint: I am requesting the audit trail ( accounting, file, ledger and transactional history ) for the consumer credit transaction that occurred on XX/XX/2022.
Company Response:
State: GA
Zip: 30906
Submitted Via: Web
Date Sent: 2022-07-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-14
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: To Whom it may concern, This letter is to inform you that I recently received a copy of my credit report that your company publishes and after reviewing it I found a number of items on the report that are inaccurate. The accounts in question are listed below. Please send me copies of the documents that you have in your files as of this date that you used to verify the accuracy of the accounts listed below. SANTANDER CONSUMER USA XXXX XXXX Under the Fair Credit Reporting Act, 15 U.S.C. 1681g I have the right to demand that you disclose to me all of the documents that you have recorded and retained in your file at the time of this request concerning the accounts that you are reporting in my credit report. Please dont respond to my request by saying that these accounts have been verified. Send me copies of the documents that you have in your files that were used to verify them. If you do not have any documentation in your files to verify the accuracy of these disputed accounts then please delete them immediately as required under Section 611 ( a ) ( 5 ) ( A ) ( i ). By publishing these inaccurate and unverified items on my credit report and distributing them to 3rd parties you are damaging my reputation and credit worthiness. Under the FCRA 15 U.S.C. 1681i, all unverified accounts must be promptly deleted. Therefore, if you are unable to provide me with a copy of the verifiable proof that you have on file for each of the accounts listed below within 30 days of receipt of this letter then you must remove these accounts from my credit report. PLEASE DELETE ALL ACCOUNTS THAT ARE NOT XXXX XXXX COMPLAIANCE Please provide me with a copy of an updated and corrected credit report showing these items removed, I demand the following accounts be properly verified or removed immediately. PLEASE BE AWAR THAT DEPENDENT ON YOUR RESPONSE I MAY BE DETAILING ANY POTENTIAL ISSUES WITH YOUR COMPANY VIA ONLINE PUBLIC PRESS RELEASE INCLUDING DOCUMENTATION OF ANY POTENTIAL SMALL CLAIMS ACTION. I AM ALSO INCLUDING A COPY OF MY COMPLAINT TO THE ORGINATION BELOW : CC : XXXX XXXX ASSISTANT DIRCTOR OF ENFOREMENT CONSUMER FINANCIAL PROTECTION BUREAU CC : CONSUMER FINANCIAL PROTECTION BUREAU CC : XXXX XXXX XXXX CC : STATE SENATE CC : FEDERAL DEPOSITE INSURANCE CORPORATION CC : COMPTROLLER OF CURRENCY CC : CREDIT AND INSURANCE CC : STATE REGULATORY AGENCY
Company Response:
State: TX
Zip: 777XX
Submitted Via: Web
Date Sent: 2022-07-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-13
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I, ( XXXX : XXXX ) a natural human, consumer hereby am notifying you SANTANDER. that I realized the coupon attached to my statement was indeed a form of payment. I looked up the correct definition of a Coupon pursuant to The Black law dictionary A coupon is a written contract for the payment of a definite sum of money on a given day, and being drawn and executed in a form and mode for the purpose, that they may be separated from the bonds and other instruments to which they are usually attached Please be advised that I received your statements and coupons from Account of SANTANDER. ACCOUNT NUMBERXXXX in the amount of {$14000.00}. I accept your offer and I am returning your coupon as Tender of Payment pursuant to 3-603 ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. ( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an endorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. ( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument. Bond coupon Part of bond which is cut and surrendered for payment of one of the successive payments of interest Coupon bonds Bonds to which are attached coupons for the several successive installments of interest to maturity. Benwell v. Newark, 55 N.J.Eq. 260, 36 A. 668 ; Tennessee Bond Case, 114 U.S. 663, 5 S.Ct. 974, 29 L.Ed. 281. Coupon notes Promissory notes with coupons attached, the coupons being notes for interest written at the bottom of the principal note, and designed to be cut off severally and presented for payment as they mature. Williams v. Moody, 93 Ga. 8, 22 S. E. 30. Pursuant to Instrument A negotiable instrument ( defined in U.C.C. 3-104 ), or a security ( defined in U.C.C. 8-102 ) or any other writing which evidences a right to payment of money and is not itself a security agreement or a lease and is of a type which is in ordinary course of business transferred by delivery with any necessary indorsement or assignment, U.C.C. 9- AFQR255 105 ( 1 ) Pursuant to UCC3-603 TENDER OF PAYMENT. ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. ( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an endorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. ( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument. Pursuant to UCC1-308 Performance or Acceptance Under Reservation of Rights. ( a ) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as " without prejudice, '' " under protest, '' or the like are sufficient.
Company Response:
State: FL
Zip: 33169
Submitted Via: Web
Date Sent: 2022-07-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-12
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: This was not sent is error i am a consumer by law and my information as misused and now i have some flase not 100 % accurate accounts on my credit report. Unauthorized use of my credit report. The account name is SANTANDER balance $ XXXX # XXXX 30 days late in XX/XX/2021.
Company Response:
State: FL
Zip: 32828
Submitted Via: Web
Date Sent: 2022-07-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-12
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: In accordance with the Fair Credit Reporting act XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX Santander Consumer USA, & XXXX XXXX has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions
Company Response:
State: NC
Zip: 28348
Submitted Via: Web
Date Sent: 2022-07-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-07-11
Issue: Struggling to pay your loan
Subissue: Loan balance remaining after the vehicle is repossessed and sold
Consumer Complaint: The payment started before they were suppose to they added charges and didnt add the correct amount I paid after the first repossession payment
Company Response:
State: IL
Zip: 60651
Submitted Via: Web
Date Sent: 2022-07-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A