Date Received: 2022-02-26
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: In 2XXXX, I did a consumer credit transaction with XXXX XXXX XXXX XXXX, a dealership in XXXX, and extended my credit through Santander USA. Recently, I have become aware that as the original creditor, who extended my credit, using my credit card ( SSN # ), pursuant to 15 USC 1602 ( L ). Pursuant to 15 USC 1605 ( a ) the finance charge, {$3400.00}, should be the sum of all charges. According to the billing error, my account was over charged {$9800.00}. See exhibit A from the dealership copy of their response when I notified them that they committed fraud against me, the consumer. This is completely inaccurate and unfair credit card practice and Santander is undeniably going against the TILA ( Truth In Lending Act ). Finally, I was never given the 2 forms of recission should I have wanted to cancel the loan, according to15 USC 1635 ( A ) ; REG Z 226.5 ( B ).
Company Response:
State: OH
Zip: 44266
Submitted Via: Web
Date Sent: 2022-03-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-26
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: They first reported XXXX different balances on my credit report and my online account. I disputed this with XXXX, and it was removed ( page XXXX of attached file ), but its still showing with the other XXXX with differing balances. The car was totaled and paid via insurance and what was suppose to be gap insurance through the lender. The debt does not belong to me!
Company Response:
State: IN
Zip: 468XX
Submitted Via: Web
Date Sent: 2022-02-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-26
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Companys refuse to remove from credit reports sent multiple reports XX/XX/2020, XX/XX/2020, XX/XX/2020 all with attached police report letting them know this account is not mine and was open due to identity theft.
Company Response:
State: GA
Zip: 30038
Submitted Via: Web
Date Sent: 2022-02-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-25
Issue: Struggling to pay your loan
Subissue: Loan balance remaining after the vehicle is repossessed and sold
Consumer Complaint: I, XXXX XXXX, just got off the phone with a rep from Santander Consumer USA who told me his name was XXXX and ID number XXXX dated on XX/XX/XXXX at XXXX est. I called to rescind to my contact because I dont agree with the terms, and I also mentioned that I want my car back because it was repossessed back in XX/XX/XXXX I didnt know how to go about getting my car back until XX/XX/XXXX after doing research on the law. However, XXXX told me XXXX cant get my car back and that it was Sold to the auction. So I asked for PROOF of documentation for everything that he is stating and telling me because this can be a complete LIE ( which I believe. ) however, XXXX said by Monday which is XX/XX/XXXX the receipt of the bill of sale would be sent out. So I made it clear, YOU ARE SENDING OUT THE RECEIPT OF THE BILL OF SALE RIGHT? He said well, I will send it out by Monday, but whenever you get it woul be up to the postal. I said ok, cool. Then I tell him, with all of that being said, SANTANDER CONSUMER USA is reporting to the CRAs ( Credit Reporting Agencies ) that the account is Charged Off which will require a XXXX form from the IRS, because a Charge off is stated as income.. he tried to confuse me a little bit and play me as if I dont know what Im talking about and goes to talking about something about that comes from a settlement and I well in that case I didnt benefit anything or whatever you are referring and simply and politely demanded to get my copy of the XXXX form. So he goes and say I will get that over to you as well.. and then I said you know what? You can just email it to me.. and then stop and got quiet and said he cant do that ( LOL ) Moral of the story these CROOKS know they screwed me over and not to mention on the phone call he was basically blaming everything on the dealership where I got the car from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX and the car which is a XXXX XXXX I am demanding all my good back plus interest and for all the the violations YOU XXXX CROOKS WILL PAY FOR ALL THE UNFAIR BUSINESS YOU ARE ALL DOING TO ME!!! CFPB LOOK INTO THESE CROOKED XXXX COMPANY SANTANDER CONSUMER USA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Company Response:
State: FL
Zip: 33150
Submitted Via: Web
Date Sent: 2022-02-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-25
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I made a payment of {$480.00} on XX/XX/XXXX for XXXX payment. At the near end of XXXX I discovered in my bank account that XXXX XXXX took a second ( additional ) unauthorized payment of {$480.00} on XX/XX/XXXX. I thought well XXXX 's payment was still due so I let it go. That was Until I received a phone call from XXXX on XX/XX/XXXX advising my account is past due for XXXX and that I still owed a payment. I called XXXX XXXX on XX/XX/XXXX and spoke with XXXX XXXX. He advised that I send my XXXX bank statement showing that the payment was withdrawn from my account. I sent my bank statement on XX/XX/XXXX and it was NOT received. I sent my bank statement on XX/XX/XXXX and it was NOT received. I sent my bank statement on XX/XX/XXXX directly to XXXX. Not only did I speak with XXXX but we conferenced in my credit union, XXXX XXXX, to confirm the bank statement information. He confirmed he received the statement and forwarded it to the XXXX Department for review. I was told XXXX business days for review. After the review ( XX/XX/XXXX ) I called and spoke with XXXX. XXXX advised that it was still under review. XXXX also advised that this is not XXXX 's issue and I must have sent duplicated payments and that I should contact my bank and get the money bank from them. He was rude and blamed the entire situation on me because it couldn't be XXXX XXXX XXXX XXXX. On the tenth business day, XX/XX/XXXX, I received a call from XXXX XXXX and she advised that XXXX was no longer my account manager for this escalation and that XXXX XXXX was going to be taking over. She claimed she is very good at getting to the bottom of tough situations. I proceeded to call XXXX XXXX XXXX XXXX asking for her to call back each day that week for an update. I did not hear back from her until the XXXX of XXXX. At this time she advised that I needed to send not only my XXXX bank statement but also XXXX and XXXX up to the current day, XX/XX/XXXX to show that the payment was not returned back to me. XXXX XXXX stated if my statements do not show a returned payment, XXXX will credit my XXXX payment. I sent all requested documents on XX/XX/XXXX. Finally we are approaching a resolution, so I thought. Since XX/XX/XXXX, I have had no contact with XXXX XXXX. I have called to follow up and each time I have called I have spoke with a different person. In total from business day XXXX I have spoken to XXXX different people in total. Names as follows : XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX XXXX, XXXX, XXXX and XXXX. On XX/XX/XXXX it was reported to my credit report as a missing/deliquent payment over 30 days. My credit has been perfect since I had corrected it 10 years ago. My credit report took a XXXX point hit. Now my fiance and I face trouble listing our current home to buy a new home. I called to expedite resolution due to my credit score tanking on XX/XX/XXXX and I was told there is no resolution and that I need to continue to be patient. I called XX/XX/XXXX to continue to follow up. I spoke with XXXX and she advised we needed to contact my bank and do another conference call. XXXX advised that XXXX now needs documentation and transaction numbers from the third party bill payment company. For the record, I do not have bill payment setup with my bank to pay ANY bill. My bank is currently in the process of getting the requested information to XXXX. XXXX also advised there is a document deadline of 3 business days. I stressed to her this is the first I am hearing of a document deadline and that I have done everything they have asked of me or sent in all documenation that has been requested. This is a process that is on my bank and there should absolutely be no document dealine as this process is out of my control. She was not forgiving regarding this. I received a letter in the mail threatening repossession of the vehicle on XX/XX/XXXX. I then called XXXX XXXX back and paid my account up to date in order to avoid future credit reporting and repossessing of the vehicle. I paid XX/XX/XXXX payment, XX/XX/XXXX payment and all late fees. I spoke to XXXX today, XX/XX/XXXX, and there is still no resoluation as we are on the XXXX business day. I asked to speak with someone above the Executive department but no management was available. She stated someone will be calling you back in 24-48hrs ( business time ). I asked that my credit report be fixed immediately in order for my Fiance and I to move forward with our home selling/buying process. I paid XXXX payments twice now. There has been NO forgivness on XXXX XXXX 's end. They will not remove the bad remark on my credit until the payment has been located on their end. Due to this terrible experience, I will NEVER use XXXX XXXX for any my vehicles moving forward. Most of the Account Executives I have spoken with have been rude and unforgiving. The others I have spoken with continue to apologize but tell me there is nothing they can do. Each time I am close to a resolution, XXXX pulls the rug out from underneath me and I have to fetch another document or provide additional informaiton. This has been by far the worst experience I have gone through with a financial instituion.
Company Response:
State: MI
Zip: 480XX
Submitted Via: Web
Date Sent: 2022-03-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-24
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: On XX/XX/XXXX, I went to XXXX XXXX XXXX XXXX, CA to purchase a vehicle. After submitting all necessary paperwork for financing. Gateway One Lending XXXX XXXX ( Now XXXX ) issued the loan. On XX/XX/XXXX, I received a letter stating that they could not approve the application. I have paid {$22000.00} fraudulently
Company Response:
State: CA
Zip: 90304
Submitted Via: Web
Date Sent: 2022-02-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-24
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: My Car was in an accident that resulted in XXXX insurance totalling the car XXXX paid Santander at XXXX XXXX XXXX in the amount XXXX Santander is still reporting this account as a balance owed and the car is out for repossesion that car was totalled and returned via my insurance company. please see attached email and receipt showing payment
Company Response:
State: OH
Zip: 44109
Submitted Via: Web
Date Sent: 2022-02-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-24
Issue: Managing the loan or lease
Subissue: Loan sold or transferred to another company
Consumer Complaint: FINAL CONSENT JUDGMENT-This proved negligence and liability on behalf of Santander Consumer USA to those consumers who defaulted on loans between XXXX XXXX, XXXX and XXXX XXXX, XXXX. It proved allegations that the bank violated consumer protection laws by putting subprime borrowers into loans that carried a high probability of default. In addition to paying {$550.00} million, the bank has also agreed to factor the borrowers ability to repay loans into their underwriting.
Company Response:
State: AR
Zip: 72802
Submitted Via: Web
Date Sent: 2022-02-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-24
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: On XX/XX/XXXX I created a modification with Santander for a loan and agreed to make payments on the Auto loan under a modified agreement. XX/XX/XXXX I filed for bankruptcy I learned before I filed for bankruptcy Santander charged off the loan as they claimed 120 days passed due, and breach the agreement by charging off the loan XXXX Santander returns and files a claim in bankruptcy. Asking for a certain amount of monies. Santander returned and withdrew the amount requested. The trustee took payments every month for Santander. The bankruptcy was not confirmed as there was no need for a bankruptcy and it was dismissed with the Judge adjudicating the account given all creditors 14 days to dispute the adjudication Santander never responded The trustee sent payments to all creditors who were to receive payments. Santander was not suppose to accept a payment as they had already charged off the debt and no longer had a contract I sent XXXX letters to Santander regarding the Debt the first letter covered I never received a right to Cure default in XXXX, or that they acceleration the contract, It was not sent to the attorney the attorney only received there request to file a claim on a breach accelerated contract I contacted Santander after the Bankruptcy as the trustee sent them payments for the months I was in Bankruptcy as the trustee did not know they accelerated the contract. After speaking with the trustee I was informed they are to return the monies. I spoke to Santander and explained you return money. They refused. I explain you can not have both the money and the car You must return the money and you can have the car if you return the money. Santander put a cease and desist in place XX/XX/XXXX is when I last spoke to them explaining we know longer have a contract see letter. Santander did not reach out to me any longer, I did not receive the money back nor did they pick up the car. After 2 years Santander still did not return the money, but they repossessed the car on XX/XX/XXXX illegally and it is theft as I no longer have a lien with Santander. I learned there were many lawsuit for subprime loans and realize I was XXXX of the parties who has a subprime loan and was never contacted about the law suit or any arrangement for consumer that had these subprime loans I was in contact with Santander XX/XX/XXXX contacted them explain the debt collection laws and the state of Texas laws to Santander. I was told my loan was escalated as they had never seen anything like this 2 years to pick up an automobile, I spoke with A gentleman on XX/XX/XXXX he was so surprise he stated I will have to send you too the executive offices I received a call from a female a few days later that said she would need at lease 5 days to invest gate given the time frame XX/XX/XXXX. I received a phone call from a XXXX who informed me he would be handling my account on XX/XX/XXXX. XXXX stated he would ned the letter I sent to the Executive offices. He also informed me it would take XXXX hours to hear back which would have been XX/XX/XXXX. I did not hear back on XX/XX/XXXX. I was a little concern that it was taken too long for them to answer why they repossessed my auto after 2 years on a contract they breach and took money after the breach then came and took the car XXXX did return the call and assured me he was working the case. He informed me he had a meeting schedule to speak about my case on XX/XX/XXXX and would given me a call back before close of day I did not hear back on XX/XX/XXXX I sent that I believe they are using a delay technique I sent a letter to them explaining I want to know where my Car is located as this is theft as in Texas they must have a valid lien to repossess a car. The lien is no longer in effect after they charged it off, and breach the contract. I explained I would be calling the police to report theft if they do not fix this issue. I also explained I never received a cure letter. I do not have an address of where my car is. I also explained I do not have a lien with these people any longer. It does not take 2 years to pick up a car. You took the money and created a settlement. I received my credit report they are not even on the report as the loan is a subprime loan and illegal. I explained you not even listed as a creditor. I asked for the car and the title and damages as it they have caused a financial hardship. I also asked that they tell me where I can pick up my car. I demand they do not sell my car as the letter stated the car would be auction off on XX/XX/XXXX that is illegal as we no longer have a contract and it is voided as they were sued by many attorney generals. I want my car, title and damages.
Company Response:
State: TX
Zip: 77449
Submitted Via: Web
Date Sent: 2022-02-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-24
Issue: Vehicle was repossessed or sold the vehicle
Subissue:
Consumer Complaint: So this morning, dated XX/XX/XXXX, I, XXXX XXXX, the ORIGINAL XXXX PLEASE KEEP THIS IN MIND CFPB as I express my complaint I AM THE ORIGINAL CREDITOR. However, I have noticed all the negative reviews and slander Santander XXXX have been getting all over social media via XXXX, XXXX etc by other Consumers complaining about how Santander are scamming people and how they have a $ XXXX settlement which lead to me to dig deeper and do more research about Santander Consumer USA. So again, as I woke this morning, I googled search Santander Settlement and this page comes up https : //santandermultistateagsettlement.com So I called the number because I know I have did and an transaction with Santander so XXXX was interested to know would I be eligible for this Settlement as well. However, as I called and gave the Rep my info, she told me I was not eligible for the settlement. However, the rep told me to directly call Santander and they would be able to provide me with details in regards of the settlement. So I called them, and instead of asking about the settlement I asked for a letter of validation of debt which they did send via email, however, I was not able to open the file ( for whatever reason. ) So now that I am aware of the unfair practices Santander has been doing to Consumers. So at this point I am just really interested to know more because I had a gut feeling they have scammed me and violated me of my rights when they repo MY car, remember, I AM THE ORIGINAL CREDITOR 15 U.S. Code 1691a, 12 U.S. Code 5533 so it is clear they have committed aggravated identity theft 18 U.S. Code 1028A, 15 U.S. Code 1666 and much more as I am studying my consumer rights. But let me continue.. So due to the email not working not working of the Validation Of Debt letter. I chose to go to the car dealer ( XXXX XXXX ) XXXX XXXX XXXX av XXXX where I purchased my XXXX XXXX at. I walked in asking for a copy of my original contract and gave her my information. The rep was a female, she started to act weird and strange after I gave her my information, for whatever reason, I dont know. So she told me wait a few minutes and walks to the back ( I waited about 10minutes ) and then she gives me a copy of the contact. So as Im standing up at the front desk looking over the contract the rep asked did I want to go sit down and read it, so I did. But I had a friend outside waiting so I had to leave the dealership. However, as I get home and read over my contract, thats when I noticed SANTANDER has taken advantage of me and violated my consumer rights and did NOT disclose a lot of details to me and on top of that they did NOT explain that insurance is included in the the finance charge and caused me pay for my own insurance, plus I traded in my XXXX and to my knowledge this was my form of DOWNPAYMENT. It it heart broken and devastating to know I was taken advantage of and on the contract a lot of marks are writing N/A which I dont remember being there. I have sent certified mail to Santander asking for Validation of Debt and they have yet to respond. And the reason I asked for Validation of debt because they have been reporting to all credit reporting agencies on my account as CHARGE OFF which has damage my credit and reputation. Santander has repossess MY car, which has brought tremendous of embarrassment and humiliation to me in front of my family, friends and community. Santander has violated my rights 15 U.S. Code 1611 and stole MY car from me.. remember I am the ORIGINAL CREDITOR.. they reported my account as CHARGE OFF but never gave me my 1099c form from the IRS.. and on top of that they stated they earlier some time before now that I remember, they was selling the car to auction and I would get remaining balance which is a lie from the pit of XXXX!!! So it is clear they are doing wrong by consumers and with that being said 12 CFR 226.15 - Right of rescission. RETURN ME ALL MY GOODS!!! SANTANDER YOU ARE SOME XXXX CON ARTIST!!! I AM DEMANDING YOU TO RETURN MY XXXX and XXXX YOU STOLE FROM ME I AM THE ORIGINAL CREDITOR BY LAW!!!!! XXXX disgrace!!!!
Company Response:
State: FL
Zip: 33150
Submitted Via: Web
Date Sent: 2022-02-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A