Date Received: 2022-03-07
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Santander Consumer USA Acct # XXXX $ XXXX IRS Publications 4681 ( 2021 ) Canceled Debt, Foreclosure, Repossession, and Abandonments. IRS clearly defines a charge-off as a gross or ordinary income. Income does not get reported on the consumer report which in fact Santander is reporting. Santander is reporting as well they sold the debt to a third party and they are reporting as well. 15 US Code 1681n Civil Liability for willful non-compliance A- ( A ) ANY ACTUAL DAMAGES SUSTAINED BY THE CONSUMER DUTY AS A RESULT OF FAILURE OR DAMAGES OF NOT LESS THAN {$100.00} AND NOT MORE THAN {$1000.00}, OR ( B ) CIVIL LIABILITY FOR KNOWING NONCOMPLIANCE ANY PERSON WHO OBTAINS A CONSUMER REPORT FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES OR KNOWINGLY WITHOUT A PERMISSIBLE PURPOSE SHALL BE LIABLE TO THE CONSUMER REPORTING AGENCY FOR ACTUAL DAMAGES SUSTAINED BY THE CONSUMER REPORTING AGENCY OR {$1000.00}, WHICHEVER IS GREATER. C- Reporting information with actual knowledge of errors
Company Response:
State: NJ
Zip: 088XX
Submitted Via: Web
Date Sent: 2022-03-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-07
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: Ive tried to get a written contract from them for years and never received again. They have been under investigation for fraudulent acts and I want this account removed from my credit report.
Company Response:
State: TX
Zip: 77047
Submitted Via: Web
Date Sent: 2022-03-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-05
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: On XX/XX/2022, I, XXXX XXXX, a natural person, requested a 1099c form from Santander Consumer USA, via Consumer Financial Protection Bureau ( CFPB ) portal. However, Santander Consumer USA responded on XX/XX/2022 they Cant not provide me with the requested documentation/information without providing any details. Santander Consumer USA which law are you referring to State or Federal? That Santander Consumer USA, by law, you do NOT have to provide me with such information 1099c? Please respond by law ONLY why Santander Consumer USA cant provide me me, XXXX XXXX, consumer, applicant, with a 1099c, and in fact also a 1099a as well? Which law states you are right about this? And that you ( Santander Consumer USA ) stated is truth? Pursuant to 26 U.S. Code 7203 Willful failure to file return, supply information, or pay tax that is a violation. As of XX/XX/2022 at XXXX est, You have my account on all the XXXX major credit reporting agencies XXXX, XXXX XXXX XXXX XXXX listed as Charge-off with the amount of {$5400.00} for a repossession with the amount of {$2700.00} written off, Which will require a 1099c & 1099a form. PLEASE EXPLAIN WITH PROOF OF DOCUMENTATION AND BY LAW ONLY WHY SANTANDER CONSUMER USA DONT HAVE TO PROVIDE ME WITH THE INFORMATION. Best regards.
Company Response:
State: FL
Zip: 33150
Submitted Via: Web
Date Sent: 2022-03-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-04
Issue: Managing the loan or lease
Subissue: Loan sold or transferred to another company
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX. XXXX, GA XXXX XXXX XX/XX/2022 Consumer Financial Protection Bureau po box 27170 Washington , DC 20038 To Whom It May Concern : I am writing in regards to my vehicle loan which was purchased by Santander Consumer USA from the original lender, Gateway One XXXX. The communication prior to the sale of the loan from both, Santander Consumer USA and Gateway One XXXX was deficient. In fact, it was non-existent. The only way I knew that the sale had occurred was via a monthly statement I received from Santander Consumer USA, which I originally thought to be fraudulent. I called Santander Consumer USA to inquire about the statement and was told that Gateway One XXXX was no longer in business. A representative from Santander Consumer USA helped me set up my account. I was told that the terms & conditions of the loan had not changed, it was still a simple interest loan contract. However, this proved to be a false statement. The previous lender allowed me to make via Automatic Bill Payment, {$700.00} monthly payments. The extra {$16.00} was always applied as a principal-only payment. The representative also stated that they were not allowed to withdraw more than the exact amount due each month ( {$680.00} ) if I used the Automatic Bill Payment method. They did say that I could send in a separate check that would be applied to the principal. However, this also proved to be a false statement. I mailed in XXXX checks : # XXXX in the amount of {$50.00} and ; # XXXX in the amount of {$50.00} These checks were to be applied as a principal-only payment yet, both were applied to interest and principal ( see attached statements ). In closing, I would like the simple interest loan to be exactly as the original loan agreement I signed at the dealership. I would like any and all over-payments of {$16.00} applied to the principal from the date that Santander Consumer USA assumed the loan. This will be retro-active with interest compounded at the current APR of 6.99 %. Additionally, I would like the original documentation Santander Consumer USA received from Gateway One XXXXl showing the loan amount they sold. Furthermore, I would like the corresponding information from Santander Consumer USA showing the identical loan amount was passed on to the consumer with statements showing the application of funds. Thank you in advance for any help you might be able to offer. Respectfully, XXXX XXXX XXXX
Company Response:
State: GA
Zip: 31326
Submitted Via: Web
Date Sent: 2022-03-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-04
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: Santander took ILLEGAL action on XX/XX/2021 when they illegally sent a third party my information and they trespassed my private property TO repossess my property! They admitted to this theft in my complaints under XXXX Santander claims the total reinstatement amount to get it back was XXXX yet charged my card for XXXX false misleading and as stated ILLEGAL. my property shouldve never been taken in the first place because I dont owe Santander any debt. The amount financed is what I, THE ORIGINAL CREDITOR, EXTENDED. If we as consumers financed it? ITS ALREADY PAID FOR in full! The finance charge is the sum of all charges! Thats why Santander can NOT validate the debt in which they claim owe. In Santanders deceptive and fraudulent contract it does not state right to rescind it does in fact state No cooling off period Which is a violation of TILA ( truth in lending act ) 15 USC 1635 states to clearly and conspicuously disclose that a consumer has the right to rescind any violation found in the TILA a consumer shall be compensated double the finance charge! Santander ignored my first letter so I recently sent a second and a cease and desist. I am hereby exercising my Right of rescission THIS CONTRACT is CANCELLED!
Company Response:
State: IL
Zip: 60622
Submitted Via: Web
Date Sent: 2022-03-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-03
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: AFFIDAVIT OF FACT In The Matter Of : XXXX XXXX, a man / woman To : Santander Consumer USA , Inc., a woman/man ; Dear Santander Consumer USA , Inc , a woman/man, You, Santander Consumer USA, Inc , a woman/man , have engaged in multiple violations against I, a woman, without right. I recently looked at my car contract and found many issues that are in direct violation of my consumer rights under 15 U.S. Code 1605 and 16 CFR 433.1d. I am a woman, the consumer in fact it is my understanding that I am going to tell the truth the whole truth in all matters here. Having so qualified my testimony I now take my affidavit and submit it into court record in full and state that everything in my Affidavit is the truth and the whole truth for the record. Made under penalty of perjury. I, a woman, the consumer in fact has personal knowledge of, and asseverate the following : 1. Fact, I, a woman, the consumer know that The Fair Credit Reporting Act 15 USC 1681 was made by congress to ensure accuracy and fairness of credit reporting. The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. 2. Fact, I, a woman, the consumer knows that on XX/XX/XXXX, I purchased a used XXXX XXXX XXXX from XXXX XXXX XXXX XXXX XXXX. I know that 16 CFR 433.1d is a purchase money loan that is a cash advance which is received by a consumer in return for a finance charge within the meaning of the Truth in Lending Act and Regulation Z. I was never disclosed about a purchase money loan let alone knowing that it was actually a cash advance that was due to me. The dealership or finance company never made me aware of this during the consummation of the contract. Another violation was the withholding or not being disclosed that I was signing this money over to the finance company Santander. I was told that Santander Consumer USA would be the one who was lending me the money when in fact that was false and a lie and a violation of my consumer rights. Under the Truth in Lending Act and Regulation Z, I was lied to by the creditor because I was really giving them my cash advance I never knew about from my purchase money loan that was due to me and signing it over to the finance company. As a consumer, I legally have a right to know that my signature is being sold/transferred to another party and the process of the finance charge. The contract is a Consumer Credit Transaction not a Retail Installment Contract as stated on top which is another lie and violation. The contract was with XXXX XXXX XXXX, XXXX but somehow Santander Consumer USA got involved without me knowing and being fully disclosed on how. How can the dealership transfer/sell my signature and the security interest in the vehicle to another party when the contract I have with them is not even binding because technically their signature is not even on contract because the dealership can not speak nor talk so how do they have any control over what happens to the contract ; they dont. I walked into the dealership to purchase a vehicle under a consumer credit transaction per law 15 USC1602 and I am the original creditor per law 15 USC 1692A ( 4 ) but was not made aware or fully disclosed that my signature and cash advance from the purchase money loan was being sold/given to another party which is Santander Consumer USA XXXX This is a violation of my rights which voids the entire contract altogether. 3. Fact, I, a woman, the consumer also knows that 15 U.S. Code 1605 is determination of finance charge which is defined as the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type of payable in a comparable cash transaction. If the finance charge supposed to be the sum off all charges and does not include charges comparable to cash, then why was I required and told by said dealership above and in question that I had to make a down payment in order to get the vehicle. I made a down payment of {$2000.00} cash but was not made aware or disclosed by the creditor XXXX XXXX XXXX XXXX XXXX and Santander Consumer USA on XX/XX/XXXX, that I actually was not required to make said payment because its included in finance charge, but it is also illegal under 15 U.S. Code 1605. Definition of finance is to provide funding for something and in this case the funding was for a vehicle but how can I be given money for a vehicle but at the same time have to give cash in order to get the funding. This is the purpose of truth and lending to fully disclose what my finance charge is and everything that is included and said company above has violated my consumer rights by not doing so which caused me to suffer a financial hardship because the deposit for the vehicle was my savings and I did not want to put anything down towards the vehicle but again was advised by the creditor I had to. 4. Fact, I, a woman, the consumer knows that 15 U.S. Code 1605a explains what a finance charge includes which is interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. Service or carrying charge, Loan fee, finders fee, or similar charge. Fee for an investigation or credit report and Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. XXXX XXXX XXXX, XXXX AND Santander Consumer USA a woman/man, have engaged in violations under this law because I was charged multiple fees such as sales tax of {$910.00}, GAP, title fee of {$50.00}, processing fee of {$75.00}, SVC contract of {$1500.00} and registration/inspection {$120.00}. I also show an itemization of amount financed for some of these items separately, but I shouldnt because thats more money you are adding on to the finance charge from what you already said I was paying under the finance charge at top of the contract. Again, this is another violation of my rights under 15 U.S. Code 1605 that caused me financial hardship because I had to include more money out of my pocket for these fees which raised my car note even more monthly. 5. Fact, I, a woman, the consumer knows that 15 U.S. Code 1605 b and 15 U.S. Code 1605c states Life, Accident, Or Health Insurance Premiums and Property Damage and Liability Insurance Premiums are included in the Finance Charge. Charges or premiums for credit life, accident, or health insurance written in connection with any consumer credit transaction shall be included in the finance charges. During the consummation of the contract, I was asked did I have insurance and the salesman even got on the phone with insurance company to verify and give them vehicle information but never stated that the premium was supposed to be included in the finance charge. I did not receive a statement or disclosure from the creditor stating that I was entitled to have my premium included in finance charge, therefore they withheld this information and lied to me throughout this transaction. I, a woman ... : woman, am not an expert in the law, however I do know right from wrong. If there is any man or woman damaged by any statements herein, if they inform me by facts, I will sincerely make every effort to amend my ways. I hereby and herein reserve the right to amend and make amendment to this document as necessary in order that the truth may be ascertained, and proceedings justly determined. If the parties given notice by means of this document have information that would controvert and overcome this Affidavit of Fact, please advise me In written affidavit form within ten [ 10 ] days from receipt. Provide me with your counter-affidavit, proving with particularity by stating all requisite actual evidentiary fact and all requisite actual law, and not merely the ultimate facts or conclusions of law, proving that this Affidavit of Fact is substantially and materially false sufficiently, to change materially my Status and factual declarations. Your silence stands as consent to, and tacit agreement of, the Claim and factual declarations made herein being established as matters of fact and matters of law. I, a woman ... : woman declare under penalty of perjury, that all herein be true, and will testify viva voce in open Court, that all herein be, true, so help me God.
Company Response:
State: GA
Zip: 30344
Submitted Via: Web
Date Sent: 2022-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-03
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: On XXXX I went to a XXXX dealership and turned in my XXXX XXXX XXXX XXXX. The dealership called Chrysler Capital for a payoff inclusive of all taxes and fees. The dealership and myself both spoke to Chrysler Capital and obtained the payoff. A check was sent for the full payoff amount. The next day on XXXX my autopay set up with Chrysler Capital pulled out {$430.00} ( as it was my normal car payment ) and they now had this on top of the full payoff that was sent. I called Chrysler Capital and asked when I would receive the overage back and they told me that I had to wait at least 90 days and that I would receive that overage by XXXX. ( This should all be recorded as it was phone calls to their direct agents ) When XXXX came and my account still had not been closed I called and was told that due to car taxes that came in they used the {$430.00} towards that. They advised there is still a balance on my account ( {$54.00}. ). I advised them that when I logged in none of this showed to me. I advised to them that the last statement on my account was from XX/XX/XXXX. I let them know my account was showing as " past due '' even though the vehicle had not been in my possession since XXXX and that a full payoff had been received by them in XX/XX/XXXX. The agent advised me that they would send me an updated invoice by mail. The invoice never came by email or mail. I called again and once again requested. I still did not receive the invoice. The account status still showed the same thing. I then received an email from XXXX with an attachment ( XXXX ). The attachment showed a tax bill from my town but still did not show any detail at all of what I owed to Chrysler Capital. I responded to the email and advised I still needed a final invoice for the amount they are stating I owe. The employee never responded. Since XXXX I could not tell you how many times I have contacted Chrysler Capital requesting to get this taken care of. I have requested to speak to a supervisor each time I have called or emailed in ( yet a supervisor has never called me or gotten back to me ). Each time I am promised an invoice will be sent to me. The final invoice still has not been sent. One recent example in the many phone calls placed over and over was on XXXX. I asked to speak to a supervisor and the agent said he would take care of it. I let him know I had just called the week before and was told the same thing. He continued to state I owed {$54.00} but that the reason I can't see that online is because " of a glitch in their system ''. I told him this account needs to be closed and I even offered to make that payment on the phone and he would not take it. He told me he would put in a request to have that final invoice sent out and I would receive it in the mail. He also told me for my peace of mind he was going to schedule a follow up call for one week out. He even went as far as to say that the follow up call would be in the morning hours. That was two weeks ago now and no invoice ever was sent, and no follow up call ever came. Keep in mind I have also emailed the contact 9 times since XXXX ( XXXX ) and never once has this employee responded to me personally as requested. I have even stated to this employee if you can't respond please have a supervisor call me. No response. On XXXX this employee sent the exact same tax bill ( As sent in XXXX ) and still not a final invoice showing anything about {$54.00}. I have used the online chat portal twice in the last week and requested to have a supervisor reach out. Instead the agent stated that " an invoice was sent on XXXX '' and then closed out the chat. ( I have a record of this if needed ). That information is false and an invoice has never been sent. Chrysler Capital is continuing to state that I owe a balance on my account but has yet in 7 months been able to provide me a final invoice showing this charge via physical mail or on my online account. There is no where to even make this payment online as it shows my normal car payment from back in XXXX and " Past due ''.
Company Response:
State: RI
Zip: 02910
Submitted Via: Web
Date Sent: 2022-03-03
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-02
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I have a charge off account from Chrysler capital on XX/XX/XXXX that has been reporting inaccurately. At the time of the charge off reporting I was going through the settlement process for my vehicle being defective. I was no longer in possession of the vehicle, however the dealership sold it to another consumer without noting the defects and then close my account out as a early lease termination. I was advised by Chrysler settlement team to leave the vehicle at thus local dealership in XXXX XXXX California in XX/XX/XXXX. In XX/XX/XXXX I was reimbursed by Chrysler capital & the FCA as the vehicle was a lemon. They did not process the buyback correctly and instead wrote it off as a charge off on my credit report. I have given everybody copies of the release agreement as well as copies of the settlement check. However, three years later it is still reporting on my credit card resulting in me getting disapproved for financing. Additionally I have given this information to XXXX, XXXX XXXX, and XXXX who have not taken action Everybody is pointing their fingers at each other and sending me in a three-year loop. There should be no question as I have documentation from my FCA case
Company Response:
State: GA
Zip: 303XX
Submitted Via: Web
Date Sent: 2022-03-02
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-03
Issue: Struggling to pay your loan
Subissue: Lender trying to repossess or disable the vehicle
Consumer Complaint: Yesterday, XX/XX/XXXX, when I was getting ready to go home after work, I couldnt locate my vehicle. I started to panic. There arent any notice or anything. So I called the sheriff. Turns out, it was towed by the finance company I loaned the car from. I am 6 months XXXX, with a very complicated XXXX, and I have no car to get home. I was stranded and didnt know what to do. I was asked to call the company, someone answered and told me to call back at XXXX the next day. So I did. I was given XXXX different numbers to call, one after the other. Finally it was confirmed that it was repossessed. I was struggling to make payments ever since the pandemic so I requested for extension which they granted. But i still cant pay back that balance. I was still making one payment after the other. Anyway, I called and talked to the lady. I explained to her that I need to retrieve some important items in my car which is my presciption medicine. She said my appointment is not til Friday morning. Its only Wednesday. Shes expecting my XXXX XXXX to settle down on its own until then? This is so inconsiderate. I know I owe money and I am willing to pay, but this is against human rights.
Company Response:
State: CA
Zip: 94561
Submitted Via: Web
Date Sent: 2022-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-03
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: The letter of incorrect and inaccurate information was sent on XX/XX/XXXX of 2022 and was received by the Bureau and do nothing about the dispute letter. Prior to this, I disputed this online. XXXX responded with a " Factual '' update without verifying accurate information that this account is valid and accurate. The bureaus are continually ignoring my disputes related to these companies.
Company Response:
State: CA
Zip: 92651
Submitted Via: Web
Date Sent: 2022-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A