Date Received: 2021-11-23
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 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 & {$15000.00} 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: 95831
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: Seized or attempted to seize your property
Consumer Complaint: On XX/XX/XXXX SANTANDER CONSUMER USA received my Affidavit in support of rescission where I exercised my right to rescind my signature on in the consumer credit transaction and my signature because I never received any material disclosures of the annual percentage rate and the method of finding the Finance charge according to 15 U.S.C. 1602v that took place on XX/XX/2021 between me the dealership and SANTANDER CONSUMER. The contract is a fraudulent one-sided agreement where SANTANDER CONSUMER USA and XXXX XXXX XXXX XXXX XXXX is the only one benefiting from it. A contract should be a clear equal agreement for both parties. I also was never provided any rescission forms in a statement along with the rescission forms that congress addresses in the 15 U.S.C 1635 right to rescission code. Also in code 15 U.S.C 1635. ( b ) congress states that " When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within XXXX days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within XXXX days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court ''. " If the creditor does not take possession of the property within XXXX days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court. '' I find that SANTANDER CONSUMER USA upon receipt of my rescission and never reflected the termination of the security interest and still holds me liable for the finance charge and then continued by using fraud and unfair debt collection practices by threatening to take and seizing my vehicle that congress said I'm am no longer obligated to pay. This has caused so much stress on me and my family and SANTANDER CONSUMER USA Is terrorizing my life. I attached the same affidavit I sent to SANTANDER where they never rebutted my Affidavit so it stands as facts
Company Response:
State: FL
Zip: 33463
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: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: On XX/XX/XXXX Santander was sent a Notice of Demand and Verification of Debt Claim that respondent did not respond as required to. On XX/XX/XXXX Santander was sent a XXXX notice and Demand alleged debt notice, that the respondent did not respond as required to. On XX/XX/XXXX Santander was sent a XXXX notice of opportunity to cure that the respondent did not respond as required to. XX/XX/XXXX Santander was sent a XXXX Notice sworn certificate of default that the respondent did not respond as required to. On XX/XX/XXXX, XXXX was sent certificate of non response. I am conditionally accepting Santander demand to surrender possession of the XXXX XXXX XXXX XXXX on proof of Claim that Santander is the lender in fact. Santander is the holder in due course. Santander has not securitized the XXXX XXXX XXXX XXXX Receivables. thereby making it unenforceable. After weeks of research pursuant to the Fair Debt Collection Practices Act. XXXX XXXX XXXX et. XXXX, this constitutes timely written notice that I dispute the entire amount of the alleged loan and that I decline to pay the erroneous, purported debt Notice which is unsigned and unattested and which I discharge and canceled in its entirety, without dishonor, on the grounds of breach of contract, false representation, and fraud in the inducement. Santander, contract violates the national Bank XXXX of XX/XX/XXXX. XXXX, wherein only lawful money based on personal security XXXX be loaned see also title XXXX & XXXX paragraph XXXX of the XXXX so I am challenging the validity of any alleged debt under Article XXXX & XXXX of the constitution of the united states, in its entirely of any alleged debt under the fair debt Practices Collections XXXX of XXXX XXXX & XXXX XXXX XXXX and XXXX XXXX XXXX ( d ) ( XXXX ) as their alleged Retail Sales Installment Contract violates Public Policy. The above evidence and documentation means Santander documents have been materially altered by endorsement which discharges the drawer and maker under XXXX of the Maryland XXXX XXXX. Santander, have refused to answer any of my Notices, thus ending alleged agreement and giving me evidence that you did not follow XXXX. According to the bookkeeping entries, the borrower provided the money or credit, a thing of value, to fund the alleged loan or check or similar instrument in question. Failure to answer any of my notices tells me that Santander acknowledge that I funded the alleged loan and the loan agreement was stolen and forged. thus ending any claim you have against me. At this time, I believe Santander is in possession of contraband, forged property that looks like a promissory note/contract with my name on it. I now believe I have evidence that the terms and conditions of the alleged agreement are concealed, the promissory note/contract was stolen, forged and/or altered, No good title can pass with a theft. There was no meeting of the minds or mutual assent regarding these questions and Santander have refused to explain the terms and conditions by answering these questions. Therefore, there is no valid agreement.
Company Response:
State: MD
Zip: 21213
Submitted Via: Web
Date Sent: 2021-11-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-22
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: This is XXXX XXXX XXXX, who is submitting this CFPB complaint myself, and to inform you that there is no third party involved in the process. I'm not swayed that Bureaus efficiently pleased the principles of the Fair Credit Reporting Act in completing their investigation. The Bureaus are reporting inaccurate information on SANTANDER CONSUMER U. This particular account is undoubtedly placed as a charged-off account. The balance was already zero yet the account was still indicating as a charge off. There must be a payment history that shows a XXXX past due for this account. You are reporting mistaken information on this account. This must be removed immediately. Per FCRA, reporting must be 100 % accurate or the information must be deleted. SANTANDER CONSUMER U ***** Opened Date XXXX XXXX, 2016 Balance {$0.00} SANTANDER ***** Opened Date XXXX XXXX, 2016 Balance {$0.00}
Company Response:
State: OH
Zip: 43219
Submitted Via: Web
Date Sent: 2021-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-22
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I sent Chrysler Capital a billing error notice ( see attached green receipt ) and they received it on XXXX. I sent it to the billing error department, Registered XXXX and XXXX XXXX XXXX. I, the consumer have the right to obtain clarification, including DOCUMENTARY EVIDENCE Pursuant to 12 CFR 1026.13 ( a ) ( 6 ). DOCUMENTARY EVIDENCE in accordance with 15 U.S.C XXXX for the books of accounts AS DESCRIBED in IRS PUBLICATION XXXX, ( which includes journals and credits of accounts, ledger, debits of accounts to verify the current accounting and taxes associated with this account BOTH PRIVATE AND PUBLIC ) WHICH XXXX HAS FAILED TO DO. Pursuant to RULES PENDING RESOLUTION 12 CFR 1026.13 ( d ) ( 1 ) ( XXXX ) ( XXXX ) XXXXr may not try to collect any disputed amount nor take adverse action directly or indirectly, reporting to any person about I, the consumer 's credit standing without XXXX resolving the billing error. Failure to comply mat be subject to forfeiture under 15 U.S.C 1666 ( e ). XXXX has responded, and by their own admission sent documentation, which is the lease agreement and payment history. WHICH IS NOT DOCUMENTARY EVIDENCE Pursuant to FEDERAL LAW and my right as a consumer. Please note the lease agreement file is too large to upload.
Company Response:
State: NJ
Zip: 07104
Submitted Via: Web
Date Sent: 2021-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-22
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: XX/XX/XXXX an shady Loan company Chrysler Capital aka Santander Consumer USA coordinated with a shady car dealership in XXXX, Tx and allowed the sale of a car to a person, even after I contacted them to not allowed any transactions in my name.I made it very clear that I do not live in XXXX, Texas, which The shady loan company knew, because of the phone calls and letters they sent to my XXXX, Texas XXXX trying to solicit the XXXX have been the victim of multiple company security breaches since XXXX, and again in XXXX, with letters from the companies to prove it.I have sent XXXX XXXX XXXX XXXX XXXX Santander Consumer USA several forms and documents to prove my claim of fraud.They were to send me forms for fraud and did not send them at all.After which I received a letter from them stating that since the documents I sent didn't prove anything, the claim is valid, even though I never had the chance to send them any forms or documents, until I later contacted Santander Consumer USA directly to try and get to the root of this issue.I was told not to contact local court judge, and ignore any court documents, because they were just formalities in the process, since my claim is to be investigated.To my surprise The judge has ordered a decision in the companies favor, for me to pay {$8600.00} and court costs of {$130.00}, for something that has nothing to do with me at all.It is my fault for not contacting the judge, even though I was told not to worry about anything by representaives.Santander USA has been recently sued by several State attorney general offices for this same type of shady loan practices, involving shady dealerships and getting loans approved for persons that don't qualify for them, or are most likely to default on them.According to online article they are to pay people back for all of the costs, that people are having to endure, as a result of their shady tactics.There are several complaints against this company on the XXXX website with complaints very similar to my own.I should not be going through any of this garbage.I have been a XXXX man since XXXX, with severe neuropathy issues, along with anxiety issues, and all of this has caused my conditions to become complicated at times.There is no way that I would ever be qualify for a {$24000.00} auto loan.I was even asked by Santander representative if I ever lived at a certain XXXX, Texas address, and have a son that is a junior, to which I stated to him no, I have been in XXXX, Texas since XXXX, and no son of mine has such a name.The representative has my XXXX phone number on file, and has been sending me letters here in XXXX, XXXX, yet can't assess the facts of where I have been living.Just plain ridiculous and insulting to my intelligence.They should have never allowed any of this happen, and now they are trying to make people such as myself into something we're not, in order to help pay for their crimes.I have reported this to Texas Attorney General 's office recently, and the XXXX XXXX XXXX back in XXXX, in which a letter was sent to the dealership about the whole issue threatening to fine, among other things, them if they didn't stop with their shady tactics.I have to find out 4 years later that someone was allowed to purchase the car anyway without my consent.This is unacceptable, and these type of businesses should be closed permanently.
Company Response:
State: TX
Zip: 763XX
Submitted Via: Web
Date Sent: 2021-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-22
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I XXXX XXXX am filing this complaint on my own accord and will. There is no third party present in or helping in the creation of this complaint I XXXX XXXX consumer, natural person, and original creditor of an open end credit plan was harmed by XXXX XXXX Santander XXXX XXXX XXXX Santander consumer USA specifically under XXXX XXXX XXXX consumer awareness, when i called to ask why my substitute check attached to my statement for remittance purposes was not clearing for deposit at the FDIC institution i bank with. I was immediately disconnected from the call after the XXXX from another department waited almost an hour with me on hold to get me to the XXXX of customer service and explain the issue i was having. A deposit in fact was made with their institution via my credit card and open end credit plan pursuit to 15 U.S.C. 1602 - Truth In Lending Act in which they are required to issue remittance coupons with periodic statements to consumers to show credits due to that said consumer. The adverse actions taken against me are seen as willfully noncompliance with the federal law as well as negligence towards a consumer. XXXX XXXX Santander XXXX XXXX. is now civilly liable to me pursuit to XXXX Cfr XXXX as well as 15 U.S.C. 1611 up to { {$5000.00} }.
Company Response:
State: PA
Zip: 19104
Submitted Via: Web
Date Sent: 2021-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-22
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: Hello, XXXX did not authorize the car company XXXX XXXX XXXX. Located in XXXX XXXX XXXX in XXXX pa to run my credit report at all! I did not give them authorization to run my report and this is unacceptable, they ran my credit through XXXX companies of the name of XXXX XXXX XXXX XXXX and Santander. I had really tried to get this removed and to no avail. Please report this company
Company Response:
State: PA
Zip: 19138
Submitted Via: Web
Date Sent: 2021-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-21
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I have filed a dispute on the incorrect fraudulent accounts, inquiries and public records on my credit report with the credit reporting agencies and it has been very much over 30 days and I have not received any investigation results. I want an answer immediately.
Company Response:
State: TN
Zip: 38016
Submitted Via: Web
Date Sent: 2021-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-19
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: This is XXXX XXXX, who is submitting this CFPB complaint myself and to inform you that there is no third party involve in the process. This company is currently showing 30 days late ( XX/XX/XXXX ). I have read enough to understand my rights. You are attempting to violate this clear understanding. Investigate and update the current status to reflect accurately. SANTANDER CONSUMER USA ****** Opened XXXX XXXX, XXXX Balance {$0.00} SANTANDER CONSUMER USA XXXX Opened XXXX XXXX, XXXX Balance {$0.00} SANTANDER ****** Opened XXXX XXXX, XXXX Balance {$0.00}
Company Response:
State: FL
Zip: 33176
Submitted Via: Web
Date Sent: 2021-11-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A