Date Received: 2021-11-24
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: There has been statements which have not matched my records and statements which have not been in accordance with the disclosures from SANTANDER CONSUMER USA XXXX that I have received at the consummation of the transaction. I am formal giving notice of this billing error until I receive all documentary evidence. Until this documentary evidence has been received this billing error is a violation of 15 U.S.Code 1666b. The billing statement I received by SANTANDER CONSUMER USA XXXX on XX/XX/2020 is a billing error. To clarify and addressed such subject matter contained in this billing statement I am invoking my right to obtain the documentary evidence, in accordance with 15 U.S.C. 44 for the books of account as described in IRS Publication 583. To verify such alleged amounts, I want to see both journal and credits of account and ledger and debits of account to verify the current accounting and taxes associated with this account. Also, I am putting all of the past from the date the account was open, present, and future billing statements in dispute also until I get provided the documentary I am requesting to clarify and address the matter. 15 U.S.Code 1637 ( b ) ( 2 ) ( A ) refers to a request to resolve a billing error, by providing all documentary evidence for clarification of who funded the account. Until that request is done SANTANDER CONSUMER USA XXXX can not report late payments in accordance with regulations of the XXXX12 CFR 1026.13 ( d ) ( XXXX ). If SANTANDER CONSUMER USA XXXX reports late payments without meeting the requirements under 15 U.S.Code 1637 ( b ) this is a violation of 15 U.S.Code 1666b. I am disputing billing error on past billing, from the time the account was open, present, and future until you provide me with the documentary evidence I requested in this statement and therefore it is a violation for all the late payments you posted onto my reports so I need this updated immediately. SANTANDER CONSUMER USA XXXX as the creditor may not collect any disputed amount, I the consumer does not need to pay, the creditor can not restrict, accelerate payment or close an account 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 XXXX 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 XXXX for the actual damage caused to me as well as held to criminal liability pursuant to 15 U.S.Code 1693n for failing to required documentary evidence as requested to clarify and revolve the previously addressed billing error. with resolving this billing error, the creditor has legally agreed to forfeit all rights to collect on the amount in dispute pursuant to 15 U.S.Code 1666 ( e ).
Company Response:
State: LA
Zip: 705XX
Submitted Via: Web
Date Sent: 2021-11-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-25
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I went to this dealer to try to complete an online purchase. The website made it appear as if the XXXX i was getting would be {$400.00} a month with {$1700.00} down payment. I submitted credit info on the site and was only expecting to see a single credit pull or inquiry. It would not let me complete the purchase online and required me to come in person. For some reason they were nowhere near the payment calculators numbers. It was actually {$8000.00} to {$10000.00} more than what it originally showed. This is price gauging during covid and delta. It is also non proper disclosure of the hard credit pulls. My credit was hard pulled not just once without proper disclosure and under false pretense, but multiple times. This has caused a negative impact to my credit and needs fixed with all 3 credit agencies. I would like a manager to respond in writing and for them to reply once it is fixed off my credit report. I have a XXXX where I can not currently speak on the phone. So please have them reply in writing. Thank you.
Company Response:
State: FL
Zip: 32940
Submitted Via: Web
Date Sent: 2021-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-24
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. {$5600.00} 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.BlocXXXX. 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: 75060
Submitted Via: Web
Date Sent: 2021-11-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-24
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 : deficieant 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 FederaXXXX 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. CHRYSLER CAPITAL & {$4400.00} 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: CA
Zip: 958XX
Submitted Via: Web
Date Sent: 2021-11-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-24
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I went into a consumer credit transaction with Chrysler Capital on XX/XX/2017 in good faith to get household goods for my family. With my ignorance to the federal consumer law and trust in XXXX XXXX contract I was taken advantage of with the terms of the contract. I used the CFPB website and looked at Regulation Z which is the Truth in Lending Act and I see that when entering a credit transaction you're responsible for the finance charge and that is the dollar amount the credit will cost you ( XXXX Finance charge ) the finance charge was {$7700.00} and I paid {$10000.00} which is more than the finance charge. I also noticed that the transaction was suppose to come with credit insurance unless I declined the option and Chrysler Capital say they don't offer that which not following the Truth in Lending Act as they say they do. The finance charge also says It does not include any charge of a type payable in a comparable cash transaction but I was told to put down {$3200.00} as a down payment and they deduct the down payment from the total cost they actually added the {$3200.00} to the total cost which is just criminal on their part. Regulation Z also gives you a right to rescission in section XXXX which allows the consumer until midnight of the XXXX day to cancel the transaction but with Chrysler CapitalXXXX contract it say no cool off period meaning if you sign the contract you can't cancel and that is another violation of the Truth in Lending which makes them civilly liable for double the finance charge. I sent a complaint to this company in XXXX using title XXXX chapter XXXX and they responded with my claims didn't apply to auto loans but its a credit transaction that I applied for and it says it on the contract. Since then I have found violations of the FDCPA that this company has violated as well and I have them attached to this complaint. I am filing this complaint because Chrysler Capital is still reporting this account as negative to my consumer report and they sent an unauthorized person to my home the steal my vehicle and knowing that I was only responsible for the finance charge which means the vehicle was paid for. This action by them has put me and my family in a financial crisis because we're unable to get and house hold good by credit because Chrysler Capital has ruined and is continuing to ruin my reputation the have even sold the account to a company named XXXX and they're are reporting to the consumer reporting agencies as well I want to settle this matter here because they have caused me and my family too much injury.
Company Response:
State: SC
Zip: 290XX
Submitted Via: Web
Date Sent: 2021-11-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-23
Issue: Problems at the end of the loan or lease
Subissue: Unable to receive car title or other problem after the loan is paid off
Consumer Complaint: On XX/XX/2021 I spoke with 3 members of Chrysler Capital about the Title and the retail installment sale contract/purchase money loan and violation of the down payment. Members names and ID 's are the following : XXXX. XXXX # XXXX XXXX. XXXX # XXXX XXXX. XXXX # XXXX - executive office manger I informed the 3 members that I noticed " billing errors '', " fraud '', " deceptive '', " misleading '' and false representation of the character and amount in the " purchase money loan '' pursuant to 16 CFR 433.1 ( d ). Also, I informed the 3 members of Chrysler Capital that the Title should be granted LIEN free. As of XX/XX/2021 Chrysler Capital is in receipt of my " Cease and Desist letter ( 15 USC 1692c ( c ) ) '', " Debt Validation Letter ( 15 USC 1692 ( g ) ) which chrysler capital needs to send me a written notice containing the following ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
Company Response:
State: MO
Zip: 640XX
Submitted Via: Web
Date Sent: 2021-11-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-23
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: This is an account in litigation due to deception and predatory lending practices.
Company Response:
State: AR
Zip: 72223
Submitted Via: Web
Date Sent: 2021-11-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-23
Issue: Struggling to pay your loan
Subissue: Denied request to lower payments
Consumer Complaint: My family and I were and have been deeply effected by XXXX as many have. I lost my job immediately in XXXX of XXXX and did get another till just this past XX/XX/XXXX. The lender was helpful in beginning and able to put payments at end. I was in contact multiple times of my situation. Then fell so behind this past XXXX into XXXX. They said no more XXXX help even though many of deeply impacted and still feeling effects. I cant loose my car, or I cant work. I am trying to catch up as I resumed work and prayed and begged for help. I would with everything going on they would help see by payment while XXXX was large a few small that was trying. I had fallen almost XXXX behind because of XXXX out of work. Every other bill from utility to mortgage has been forgiven and worked with us. If they would help with the amount of XXXX I fell behind on and move to end so I could get caught up and back on track now that I am working that would beyond a blessing but instead lets kick us while we are down threaten to take car and now I go to make a regular payment for XXXX only to find out they charge off account. I need my car and I cant just go get another. I am desperately trying and have been in contact countless times about this. XXXX is not made up and many of lost work and regular wages and while for many life resumed to normal it not for all. Everyone circumstances are different every one has struggled and I just think in a time where this deeply effected us and still has an impact and we are trying to come out the other side and survive this they should be willing to help more or make the situation worse and more stressful for those of us trying so hard to come back from something we never planned for and that was complete out of our control. My hope is this will urge then to help more and not charge off my account but work on my balance I fell behind on so that now that I am working I can make my regular payment. Very hard to do so when you cant pay the XXXX in XXXX lump. I just pray they will help.
Company Response:
State: FL
Zip: 34119
Submitted Via: Web
Date Sent: 2021-11-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-23
Issue: Managing the loan or lease
Subissue: Problem with the interest rate
Consumer Complaint: I made a payment of {$2300.00} to Santander on XXXX via online ; I then called Santander so that they could allocate the payments for the next XXXX months per the rep that I spoke with before I made the payment. When I called, I spoke with a representative whom told me that the payment could only be allocated for the next XXXX months which was fine. So the payments were allocated and I wasn't due a payment until XXXX, but I went in on XX/XX/XXXX and made a payment of {$230.00} just to get my balance down because I have already paid these people over {$25000.00} for a XXXX XXXX XXXX and I still owe them {$8000.00}. So, when I made the payment, my balance was {$8100.00} ( hence, the reason I made a payment of {$230.00} ). I went to my online account today and I noticed that my balance was still {$8000.00} because {$150.00} went toward interest. I called Santander and spoke with agent # XXXX, I asked to be transferred to a XXXX, and was transferred to XXXX agent # XXXX, I asked XXXX to transfer me to someone over her so she transferred me to XXXX agent # XXXX and she told me that they normally don't get these kinds of questions because most people read their contracts. I read my contract, and there is nothing pertaining to if you make a lump sum payment and wish to have it allocated that you will be charged interest as if you missed payments. Because had I not made a payment until XXXX, as it was supposed to have been, all of that payment would have went toward interest. From XX/XX/XXXX to XX/XX/XXXX, I had interest of {$150.00} on XX/XX/XXXX {$240.00} of {$440.00} payment would have went toward interest. That is highway robbery. I called them back and spoke with XXXX agent # XXXX, and I explained to him that I didn't understand how I could be charged interest as if I didn't make a payment if the payment is supposed to be allocated to each month, I told him that it didn't make sense, and he told me it did, because he has a simple interest loan with them as well. Well it doesn't make sense to me. If you are in a simple interest loan, do not make a lump sum payment and have it allocated because interest is going to eat you alive!!
Company Response:
State: TX
Zip: 754XX
Submitted Via: Web
Date Sent: 2021-11-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-23
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: CHRYSLER CAPITAL FAILED TO Affirmation to Notary of Failure to Produce Freedom of Information Request & Request for Affidavit Certifying Affirmation of Statutory Obligation made to Name of Financial Institution : CHRYSLER CAPITAL AND XXXX XXXX XXXX Specifically the Law includes the National Bank Act also known as the National Currency Act, The Consumer Credit Protection Act, The Fair Debt Collections Practices Act, The Fair Credit Reporting Act, the Truth in Lending Act and any and all laws applicable to Financial Institutions federal, state, or contractual ( commercial ) laws.
Company Response:
State: NJ
Zip: 080XX
Submitted Via: Web
Date Sent: 2021-11-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A