Date Received: 2021-12-21
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Santander Consumer USA I have received a response from in regards to settlement for regards to my vehicle loan. Pursuant to the contractual retail installment agreement this company has already received the amount financed on my behalf {$16000.00} and this is false and misleading deceptive behavior stating I have defaulted which this company has repossessed on a security interest I have held in as the consumer and are able to enforce, 15 USC 1692e ( 4 ) is violated by enforcing nonpayment in garnishment by repossessing what was in my possession ; also working with tow truck company and exposing my personal information to the third party agency without my written consent to locate the consumer place of dwelling 15 USC 1692b. I was also denied the location to bid and buy back the vehicle which was stated that the company privacy policy could not allow me to but still enforced the same privacy rights onto the consumer who was willing to be given a fair resolution without litigation. Upon doing this Santander Consumer stated that according to Truth in Lending Act 15 USC 1635 Right of rescission was not given to me, but I was never given the right to rescind nor was I informed that I DO NOT have the right to rescind being at the time of incompetence during the transaction. This company has failed to disclose that the finance charge is the sum of all charges and the down payment is included in the finance charge ; 15 USC 1605. There is no cash comparable in a consumer credit transaction. 12 CFR 1026.4 also states The finance charge is the cost of consumer credit as a dollar amount. It includes any charge payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit. It does not include any charge of a type payable in a comparable cash transaction. This is a direct violation of contract which makes it void and null where no further payments are to be made on a voided contract. I have put down {$1700.00} according to 15 USC 1662 ( 1 ) advertisement of down payment and installment that a specific periodic consumer credit amount or installment amount can be arranged, unless the creditor USUALLY and customarily arranges credit payments or installments for that period and in that amount. This company has continue to enforce a billing error on the consumer 12 CFR 1026.13 ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). I am the consumer who am the only blood and flesh living being can validate a debt this is not an OBLIGATION of the consumer to continue to pay and and I am requesting on the disputed account that all payments are returned to the consumer. This company has refused to let me discharge the transaction and revoking their power of attorney I have sent multiple complaints and request to Santander Legal Team Fax that was provided in XXXX, while also speaking in an office executive XXXX where she received all my documentation via email and stated they have not found any fraud that is mentioned in this memo ; they also continue to furnish inaccurate billing errors on my consumer report where none of no discharge documentation or Debt validation has not BEEN provided but still continue to furnish this AS IF it is validated by the consumer. This is still under investigation and shall be removed from reporting on my consumer report.
Company Response:
State: LA
Zip: 704XX
Submitted Via: Web
Date Sent: 2021-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-21
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I disputed the account and ask that they validate this account, and they fail to respond to the action. The law states they have 30 days to do so if not or over the 30 days this account must be removed from the credit file and in this case, they fail to respond to the matter. It has been over 30 days with no response, and I did not open or authorize this account, and I therefore request that it be closed immediately. By the federal law requirement this account must be removed because you do not have proof or any evidence to support this matter and failure to respond. I request that you take all appropriate steps to remove the information about this account from my credit files.
Company Response:
State: SC
Zip: 29108
Submitted Via: Web
Date Sent: 2021-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-21
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: This is my THIRD time disputing negative accounts on my credit report. I am not an attorney or third- party rep, there are accounts on my credit report that does not belong tome and believe that this is an act of fraud. I have a legal right to dispute the following accounts : XXXX XXXX XXXX # XXXX XXXXSANTANDER CONSUMER USA # XXXX
Company Response:
State: OH
Zip: 43055
Submitted Via: Web
Date Sent: 2021-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-21
Issue: Struggling to pay your loan
Subissue: Denied request to lower payments
Consumer Complaint: I have an auto loan with Santander for my 2019 XXXX. During the pandemic I called to refinance for a lower rate after making on time payments and they declined. I continued to make payments until I fell iXXXX XXXX XXXX. I had to request a few extensions. During one of the times I had a hardship, I was told that I was approved for the payments to be deffered but I never received any paperwork to sign so that resulted in a negative report on my credit and my credit score was lowered. The company refused to help even though I explained that the hardships were XXXX related. My vehicle was recently totaled in XXXX, on the date the payment was due. I called Santander to inform them and ask how I should handle paying or if I should be waiting for the insurance to pay it. I was told that my account was in the legal department and someone would call me back. I never received a call so I called back a few weeks later to see what my next steps should be and was again informed that I would have to wait for the legal department to give me a call. They never called. I called again today and was told that my payment will now be reported because it is past due and that I should have just mad a payment even though the car was totaled in XXXX. I tried explaining to the representative that I called several times because I didn't know how to handle things and that at this point I really could not afford another negative impact to my credit but she would not hear me out and insisted on transferring me to the insurance department. I really don't know what to do and another negative mark on my credit will put me in my family in a horrible bind. This company continues to ignore me and pass me around.
Company Response:
State: NJ
Zip: 07109
Submitted Via: Web
Date Sent: 2021-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-21
Issue: Problem when making payments
Subissue:
Consumer Complaint: I am a consumer asserting my rights. SANTANDER CONSUMER USA has mailed me monthly billing statements for account ending in XXXX demanding payments on a loan that has already been paid in full. The security interest secures payment of an obligation pursuant to 49 U.S. Code 14301a ( 3 ) which has already been paid through my signature on the contract threatening repossession. The most recent billing statement dated XX/XX/21 claims that I allegedy owe {$1400.00}. Exhibit 1 This is a billing error ( exhibit 1 ) pursuant to 12 C.F.R. 1026.13 ( d ) ( 1 ) I am aware that if SANTANDER CONSUMER USA claims that they are the creditor then this applies to them and they may not collect any disputed amount, I the consumer, does not need to pay, the creditor can not restrict, accelerate payment and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by SANTANDER CONSUMER USA will forfeit its rights to collect the disputed amount as described in 15 U.S.Code 1666 ( e ) and hold the creditor liable under 15 U.S.Code 1693m for SANTANDER CONSUMER USA for the actual damage caused to me as a consumer as well as held to criminal liability pursuant to 15 U.S.Code 1693nfor failing to required documentary evidence as requested to clarify and revolve the previously addressed billing error. This contract is a consumer credit contract and as described in 16 CFR 433.1 ( i ) an instrument, and under UCC 3-104 ( a ) an instrument is a negotiable instrument and a unconditional promise to pay, no different than a dollar. I believe this instrument constitutes as payment under the negotiable instruments act and has fully paid for this transaction on the date of consummation. Therefore this loan is fully paid already and any payments I have made need to be refunded and returned immediately pursuant to 15 U.S. Code 1692h. I as a consumer, demand a statement under penalty of perjury stating that the bank in fact loaned the associated debt money from their own assets in order to verify there is in fact a proof of claim of this debt. Without this I can not verify any valid claims of alleged debts. The term credit means the right granted by I, the original creditor, to a debtor SANTANDER CONSUMER USA to defer payment of the debt or to SANTANDER CONSUMER USA to incur debt or a loan from the US Treasury and defer its payment. This makes SANTANDER CONSUMER USA a borrower or solicitor who induced me to the treasury window to receive funds unbeknownst to I, at the time of the transaction. I, came to extend credit and not receive a loan from the U.S. Treasury. The contract I received, as a result, was an unsolicited advertisement described in 48 U.S.C 227 ( a ) ( 5 ) by SANTANDER CONSUMER USA and lack of willful full disclosure was the fraud of execution in conjunction with fraud of inducement brought forth by SANTANDER CONSUMER USA. There has been fraud found in this form shown in EXHIBIT C, This form therefore is false and deceptive, and therefore void and a violation of 15 U.S. Code 1692j. SANTANDER CONSUMER USA is a debt collector here is the legal definition. Pursuant 15 U.S.Code 1692 ( a ) ( 6 ), a debt collector is any person who uses instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. See Exhibit 1 There may be no threat of repossession for nonpayment. The affiant has proof in EXHIBIT 6 is a violation of 15 U.S. Code 1692e ( 4 ) and is fraud and illegal amidst the collection of any debts. This is a right secured to me by this code herein and the 4th amendment of the U.S. Constitution. I the affiant is also aware that the security interest secures payment of an obligation pursuant to 49 U.S. Code 14301a ( 3 ) which has already been paid through my signature on the contract. See Exhibit 2 My rights as the debtor in this consumer credit contract against SANTANDER CONSUMER USA for the unfair and deceptive practices as shown in exhibit 1-3. No seller or creditor is exempt from 16 CFR 433.1-16 CFR 433.3 meaning creditors or debt collectors would not be able to state claims are not applicable to them as a defense. Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property. Meaning all debts with a finance charge comes with insurance in case of default. Insurance, interest, services, deliver fees, loan fees, broker fees, fee to cover defaults, are all included in the finance charge. Pursuant to 15 USC 1605 ( a ) ( b ). On this contract it states otherwise see exhibit XXXX. I have the right to rescission with the right to keep the property, return of any money involved in the transaction pursuant to 15 U.S. Code 1635 ( b ), upon the right of rescission, I am no longer liable for any finance change. The creditor must terminate any security interest, return any money or property, earnest money, down payment or otherwise past payments and because the property has been delivered and in my possession I have the right to retain possession of the property.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-21
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I am a consumer and I am writing this without the assistance of any third party. I am going based off my understanding and review of the FDCPA, TILA, and FCRA. SANTANDER CONSUMER USA Is violating the FAIR DEBT COLLECTION PRACTICES ACT - Again 15 USC 1692b ( 5 ) I have received, by mail communication from the debt collector, SANTANDER CONSUMER USA ( XXXX ) with symbols all over it which lets any holder of that mail know that I am being contacted by a debt collector and that is a violation of my privacy as a consumer. On the communication inside the envelope symbols are found in the top left which causes me anxieties knowing that I am being contacted by a debt collector who is claiming I owe an alleged obligation without any proof of such claim ; when I asked for validation under 15 USC1692g on my affidavit ( see attachment labeled EXHIBIT XXXXX ) they responded poorly, see EXHIBIT XXXXXX. 15 USC 1692c ( c ) I am very aware of my rights as a consumer and so, I did not ever give permission or direct consent to Santander consumer USA to communicate with me through any medium ; this includes the coercion of advertising an alleged obligation to consumer reporting agencies. I signed my cease and desist notification on XX/XX/XXXX and sent it USPS express mail tracking number XXXX XXXX XXXX XXXX XXXX. It was signed for by XXXX XXXX or XXXX XXXX on XX/XX/XXXX of Santander consumer USA. The federal law Congress wrote pursuant to 15 USC 1692c ( c ), states, If such a notice ( meaning Cease communication notice ) from the consumer is made by mail, notification shall be complete upon receipt. My right to payment is that I notified XXXX by mail to cease and desist and they willfully violated federal law. See communication ( statement ) dated XX/XX/XXXX, drafted two days after receipt of my cease-and-desist notice. See communication ( response from my validation notice ) dated XX/XX/XXXX, four days after my cease-and-desist. See communication ( fax ) dated XX/XX/XXXX for days after my cease-and-desist. 15 USC 1692d ( 2 ) I find it obscene and offensive that XXXX in a communication that violated my cease-and-desist under federal law would say, your contract was sold to us. In fact, I have communication from from XXXX that states, XXXX XXXX purchased and took assignment of the contract. All of this is fraud to get me to start payment on an alleged obligation that is invalidated. See attached XXXX XXXX Instrument twice - EXHIBIT ' communication from XXXX as proof. How many times was this instrument sold? Why was my Request Form ignored, see attachment XXXX XXXX XXXX XXXX XXXX - EXHIBIT. 15 USC 1692d ( 4 ) I have no contract or agreement with any consumer reporting agency, however, Santander consumer USA has shared my private information as a consumer to advertise an alleged obligation to coerce payment of an invalidated obligation. This violated not only the FDCPA also the Fair Credit Reporting Act 15 USC 1681b ( a ) ( 2 ). I have never given written instruction or permission to any consumer reporting agency to furnish private information about me and XXXX has no permissible purpose in the furnishing any information about me as a consumer. 15 USC 1692e Santander consumer USA has used false and deceptive means to coerce me to pay an alleged debt. They claim to have purchased a contract from XXXX, but XXXX says XXXX financial purchased it on XX/XX/XXXX as well. My questions were left unanswered in my Request-Form, so how much was the contract purchased for from XXXX? Why is my private information being passed around for fraudulent reasons? What is the name of the registered agent that endorsed my instrument? See attached, XXXX sold Instrument twice - EXHIBIT. 15 USC 1692e ( 8 ) Santander consumer USA has communicated with Consumer reporting agencies 1 day after receiving my XXXX & XXXX, XXXX, XXXX XXXX EXHIBIT and has failed to communicate that the alleged that was disputed by an affidavit. See page 2 of my Affidavit of Debt Validation. The first sentence states, XXXX is currently disputed by Santander consumer USA and myself. See attached, XXXX & XXXX, XXXX, XXXX XXXX EXHIBIT. 15 USC 1692e ( 10 ) Sending me a statement in a positive number claiming payment is due is deceptive and it is causing me stress to know that Santander consumer USA is not following federal law and instead is willfully choosing to follow policy of their company, even in clear violation of federal law. Fraud fraud fraud. See attachment Stmt XX/XX/XXXX & XX/XX/XXXX - EXHIBIT 15 USC 1692f ( 8 ) All communications from Santander consumer USA contains symbols from this debt collector and is a violation of the fair debt collection practices act. I have found XXXX individual on this matter which again is in direct violation of the fair debt collection practices act. See attachment Stmt XX/XX/XXXX & XX/XX/XXXX - EXHIBIT. 15 USC 1692g ( a ) Santander consumer USA did not include on any written notice that prescribed XXXX 15 USC 1692ga ( 3 ) ( 4 ) ( 5 ) said that a debt collector shall. These willful individual actions by Santander consumer USA violates the FDCPA and me as a federally protected Consumer. See attachment 'Stmt XX/XX/XXXX & XX/XX/XXXX - EXHIBIT. ' 15 USC 1692g ( b ) I have requested the name and address of the original creditor and that I am disputing the validity of the alleged obligation, as prescribed in federal law. See Santander consumer USAs response to this request which caused me to involve the bureau, the Consumer Financial Protection Bureau. See attached, XXXX XXXX XXXX, XXXXXXXX XXXX - EXHIBIT as proof. 15 USC 1692j I applied to extend my own credit to myself on XX/XX/XXXX with XXXX. The finance charge should have been the sum of all charges based on my understanding of 15 USC 1605. The instrument I signed was sold to two debt collectors as defined under the FDCPA. Santander Consumer USA and XXXX XXXX based on written correspondence from XXXX and now as of today Santander consumer USA is sending me communication, violating my cease and desist and claiming that I owe an alleged debt. It is unlawful to furnish such forms to have me believe that I am participating in such collection when I am not. See XXXX sold Instrument twice - EXHIBIT & Stmt XX/XX/XXXX & XX/XX/XXXX - EXHIBIT Lastly, see attachment XXXX XX/XX/XXXX fax/response - EXHIBIT page 11. It states, " ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. '' I have listed my claim and I have a right to payment for these violations of the Fair Debt Collection Practices Act. Prove me wrong.
Company Response:
State: TX
Zip: 770XX
Submitted Via: Web
Date Sent: 2021-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-20
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: RE : Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficient of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( s ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT XXXX XXXX data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX XXXX XXXX XXXX and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by Congress and The Federal Trade Commission, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within 4 days and proper notification shall be given to all data furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with XXXX XXXX XXXX XXXX, Consumer Financial Protection Bureau, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by Congress to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( CCPA ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( FACTA ). I will be taking action. I also know my rights under this paragraph of Section 312 of the FACTA LAW : SEC.312. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section 623 ( a ) ( 1 ) of THE FAIR CREDIT REPORTING ACT ( 15 U.S.C . 1681s-2 ( a ) ( 1 ) is amended ( 1 ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( 2 ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states. According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy. ( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. 1. SANTANDER bal. {$10000.00} I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft. 1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than four ( 4 ) business days after the date receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed four ( 4 ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers CC : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response:
State: TX
Zip: 76014
Submitted Via: Web
Date Sent: 2021-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-20
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: RE : Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficient of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( s ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT XXXX XXXX data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX XXXX XXXX XXXX and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by Congress and The Federal Trade Commission, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within 4 days and proper notification shall be given to all data furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with XXXX XXXX XXXX XXXX, Consumer Financial Protection Bureau, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by Congress to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( CCPA ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( FACTA ). I will be taking action. I also know my rights under this paragraph of Section 312 of the FACTA LAW : SEC.312. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section 623 ( a ) ( 1 ) of THE FAIR CREDIT REPORTING ACT ( 15 U.S.C . 1681s-2 ( a ) ( 1 ) is amended ( 1 ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( 2 ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states. According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy. ( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. 1. SANTANDER CONSUMER USA bal. {$0.00} I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft. 1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than four ( 4 ) business days after the date receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed four ( 4 ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers CC : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response:
State: TX
Zip: 75104
Submitted Via: Web
Date Sent: 2021-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-19
Issue: Communication tactics
Subissue: Called before 8am or after 9pm
Consumer Complaint: My car was repossessed with Santander! I got behind on payments during covid. They gave me XXXX time of covid relief and then after that they said they couldnt help me anymore. Ive spoke to someone last month and she told me as long as i made two payments last month i would be in the clear. I made the two payments. I walked out my house this morning and my car was gone. The last letter I got from Santander was telling me i was preselected for financing another car. I never even got a phone call. I tried calling Santander and they are closed on Sundays! How can you repo someones car in a Sunday and then be closed. I have kids, a XXXX XXXX XXXX grandma. I need to know where my car is so i can atleast scrape together what I can to get it back.
Company Response:
State: NC
Zip: 27401
Submitted Via: Web
Date Sent: 2021-12-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-19
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Santander insists on furnishing inaccurate information to the credit bureaus. The account is inaccurate due to no account type. The high balances are inconsistently reporting between the bureaus. How can the account have been verified as accurate with a blatant inaccuracy reporting month after month. I have disputed this account directly with the bureaus and have not made any progress and they simply refuse to investigate it any further which is illegal. Santander shows on my credit report they last reported the account on XX/XX/XXXX at one bureau and XX/XX/XXXX on the others. That is inaccurate. They are in violation of XXXX XXXX because they claim the account was sold to another lender yet they have failed to report to which lender. I have a right to know who is trying to collect money from me. The dates last active is inaccurate because they are inconsistently reporting between the credit bureaus. I have requested a record of the payment history to prove the last payment was made on XX/XX/XXXX and XX/XX/XXXX because they have 2 dates listed for the date of last payment. They have not responded nor provided a record of the payment history to prove a payment was even made. That is falsifying information to prolong the length of time the account is to stay on my report to purposely further damage my credit rating. Since they claim the account was sold to another lender why are they continuously reporting on the account?
Company Response:
State: TX
Zip: 77450
Submitted Via: Web
Date Sent: 2021-12-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A