Date Received: 2021-11-01
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: Statement of facts I performed a credit transaction with Santander consumer USA XX/XX/2019. I notice that there was a loan application with SANTANDER CONSUMER USA which I do not agree with. I am a consumer/natural person and my rights have been violated. I have reached out to SANTANDER CONSUMER USA stating my rights and federal laws that they have violated. State laws does not trump federal law. 1 ) They have violated TILA 15 USC 1605 Determination of finance charge. The finance charge does not include charges of a type payable in a comparable cash transaction. They required that I pay { {$2000.00} }. They have also violated 15 USC 1611 ( 1 ) Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, There is no limitation on fraud. They also violated 15 USC 1640 ( a ) ( 1 ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section 1635 of this title, subsection ( f ) or ( g ) of section 1641 of this title, or part D or E of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of the failure ; SANTANDER CONSUMER USA failed to inform me of my federally protected right to terminate my credit transaction according to 15 USC 1635 Right of rescission with regulations stated under 12 CFR 226.15, 12 1026.23 RIGHT TO RESCISSION. After reaching out to SANTANDER CONSUMER USA they expressed to me the consumer natural person I didnt have the right to terminate my contract by any means in the state of Texas XXXX Implementing my federal rights were no longer protected, yet somehow SANTANDER CONSUMER USA still operated under TILA. According to the law violating these terms results in a fine DOUBLE the finance charge. This complaint will be forwarded to the correct department federally and locally.
Company Response:
State: TX
Zip: 77083
Submitted Via: Web
Date Sent: 2021-11-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-01
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: SANTANDER has failed to validate that this account is reporting maximum possible accuracy per the FCRA. I have initiated several attempts through the credit bureaus and collection agencies to have this account validated and has not received a response and I have reason to believe that reasonable procedures were not conducted on these accounts due to the current violations I have found as if relates to my credit profile and unverified accounts on my report. How can a disputed be resolved if the customer disagrees, who resolved the disputed account, no reasonable procedure was performed it is a violation to my rights to claim that an account has been resolved if I didnt resolve it and its still reporting inaccurately This company has violated FCRA 623 ( a ) b ) by failing to mark this disputed account as disputed ( letters attached to show when I disputed account below ) 605 ( c ) running if the period has also been violated as the date of last activity on this account is reporting. When it should reflect the last date a payment was made. This company has continuously failed to validate this collection account further violating FDCPA 809b per the FTC opinion.
Company Response:
State: MS
Zip: 39206
Submitted Via: Web
Date Sent: 2021-11-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-01
Issue: Improper use of your report
Subissue: Report provided to employer without your written authorization
Consumer Complaint: Pursuant to XXXX XXXX XXXX - Permissible purposes of consumer reports ( a ) IN GENERAL Subject to subsection ( C ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other. 2 ) In accordance with the written instructions per the consumer to whom it relates. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX never gave XXXX, XXXX, or XXXX written consent FROM MYSELF to report anything on my consumer report, No Consent is IDENTITY THEFT. Concerning the account listed below as a consumer I Am demanding a deletion of all account as it relates, Immediately. I, XXXX the executor, have a legal right and security interest, under federal law ( 49 USC 14301, UCC 9-317,12 CFR 1026.23 ) to cancel this transaction, only collecting the proceeds not assets, without any penalty or obligation from the above date or any later date on which all material disclosures required under the truth in lending act have been given to you.When canceling this transaction any lien or other security interest on my property arising from this transaction is automatically void. I am also entitled to receive all proceeds of which this account is owed. In addition These accounts have not been validated and must be removed pursuant to FDCPA, FCRA and Federal laws
Company Response:
State: AZ
Zip: 85027
Submitted Via: Web
Date Sent: 2021-11-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-01
Issue: Struggling to pay your loan
Subissue: Lender trying to repossess or disable the vehicle
Consumer Complaint: On XX/XX/XXXX, Santander Consumer USA contracted via a company called XXXX XXXX out of North Carolina to repossess my vehicle. At approximately XXXX XXXX. on XX/XX/XXXX, a tow truck driver illegally gained entrance to my community by breaking into the locked gate at the entrance to my community. I live in a gated community and the only way to get in is either via a remote control, which I had in my possession, or by a code of which I had never provided to Santander. Furthermore, the community is private property, has a cement wall surrounding the entire complex, and the community does not allow access to any third party without prior permission. At the time the tow truck driver arrived where I was staying and had my car parked, a neighbor saw him in the process of the repossession and witnessed the entire event. She walked up to my home, asked him what he was doing, and took a picture of him because our community has a neighborhood watch. She informed him at that time that he was not allowed in the community, there is a neighborhood watch, and that he is not allowed to be on the property. He told her to mind your own business. Im just trying to get a job done and not get shot. He was aware he was breaching the peace at this point. She watched him breach the peace even further as to where my vehicle was parked, my boyfriends truck was blocking access to my car. She witnesses the tow truck driver reaching into my boyfriends truck through the cracked window on the passenger side. He then unlocked the passenger door, open it, reach across the seat to the drivers side and unlock that door. He then walked around the truck, got into it on the drivers side, put it in neutral ( it is a manual transmission ), and roll the car backward down the street, and left it in the street blocking our neighbors driveway. He then gets out of my boyfriends truck, does not bother to lock it back up, removes a toolbox from the front seat, and walks back up to his tow truck. He then proceeds to take possession of my vehicle and in the process gouges the cement driveway to my boyfriends house. He then leaves. I called Santander Consumer USA the next morning and made arrangements to retrieve my vehicle. On XX/XX/XXXX I went down to XXXX XXXX XXXX XXXX which was the towing company that had taken my car. They had me sign several pieces of paper one of which pertained to damage to my car and my personal property inside the vehicle. The woman I picked my car up from told me verbally, also of which my boyfriend heard her say, there was no damage to the vehicle. I could NOT verify this before I took possession of my vehicle as they wouldnt even give me the car until I signed the paperwork. I showed her the picture of the tow truck driver and she confimed he does work for them. Upon getting my car back I noticed that there were 5 black lawn size trash bags full of my personal belongings. I had recently been evacuated due to the XXXX XXXX XXXX in XXXX XXXX, Nevada so I had my car full of clothing, appliances, and many other personal items that I was trying to save in case my home was burned down. On XX/XX/XXXX I left for a trip to Colorado as my father had recently passed away and we were holding a memorial service for him just for the family on XX/XX/XXXX. I noticed at that time I had a large chip in my windshield and a gouge in the paint on the right rear of my car next to the fuel cap. I did not have time to call Santander so I emailed the towing company to let them know I had damage. I also removed all the black trash bags from my car and placed them in my boyfriends garage as I would have to sort through them when I returned from Colorado. I noticed then that all the bags had large tears and holes in them as if someone had drug them across a rough surface. They were all torn and ripped in various areas. On XX/XX/XXXX I returned from Colorado and began sorting through all the trash bags. I called Santander, too, to let them know I had damage to my vehicle. I reported to XXXX XXXX AND XXXX XXXX XXXX that I had damage to my car and personal belongings. They required me to fill out an incident report and provide receipts, photos, estimates, etc., of all the damage done to my car and personal belongings. I did so. Approximately 3-4 weeks elapsed, and I finally heard from XXXX XXXX. They denied any culpability nor responsibility for the damage done to my car as well as the damage done to my personal property except for a picture and a torn nylon laundry bag. I then asked Santander and Resolvion to provide me with evidence that supported their denial of my claim. They had informed me via email that they had pictures and an inventory of my car and belongings that was done when they had picked up my car. They denied my request and said that they would not provide any proof to me of the inventory and pre-existing damage and that I would have to get that from the vendor that XXXX XXXX had hired, the tow truck company called XXXX XXXX XXXX XXXX. At this point, I have had it. Neither Santander Consumer USA nor XXXX XXXX has provided me any support that confirms the denial of my claim. They both engaged in illegal debt collection activity which resulted in damage done to my property and to my boyfriends property. They refuse to pay for any of their damages whatsoever. I sustained {$6600.00} in damages and my boyfriends stolen toolbox and damage to his concrete driveway are {$3400.00}. I have spent numerous hours trying to work things out with both companies and all they do is try to shove responsibility off on the other so all I end up doing is going around in circles with them. Per the FDCPA : Section 9-503 of the Uniform Commercial Code authorizes secured lenders to seize possession of their collateral after the borrower defaults without judicial process if this can be done without breach of the peace. The Uniform Commercial Code ( U.C.C. ) does not define the term breach of peace. The black letter definition of breach of peace is conduct or speech that violates the public order, disturbs the public tranquility, or has the potential to provoke violence or is likely to incite immediate public turbulence, or leads to or is likely to lead to an immediate loss of public order and tranquility. Breach of the peace further includes any violation of any law enacted to preserve peace and good order. See, e.g., Kimble v. Universal TV Rental , Inc., 417 N.E.2d 597 ( Mun. Ct. 1980 ). Furthermore, it says : Although the law varies somewhat from state to state, the general rule is that secured lenders also breach the peace if they : ( 1 ) repossess the collateral despite the consumer 's objections; or ( 2 ) trespass in order to gain possession of the collateral. Lenders breach the peace if they enter the borrowers home without their permission in order to gain possession of the collateral. It does not matter whether the doors or windows are locked. Nor does it matter whether anyone is home. The lender 's conduct amounts to breaking and entering and creates a risk of violence. Courts usually rule that motor vehicle lenders who open garage doors in order to claim a car breached the peace. Protecting borrowers garages as the law protects the rest of their homes makes sense because homeowners expect that their right of privacy and seclusion extends to all of their homes and unlawful entry into their garage also creates a risk of retaliatory violence. Santander Consumer USA breached the peace significantly in the repossession of my vehicle. The first infraction was when the tow truck driver broke into the gate of my community to gain entrance. He had no way into that community because there is a cinderblock wall all the way around. He also did not have permission from the community manager as I verified this and lastly, he did not have the code to enter in order to open the community entrance gate. There is only ONE way in and ONE way out. He did this at XXXX XXXX. This tow truck driver was told to leave the property, that he was trespassing and he blatantly ignored this. He engaged in illegal activity a 3rd time by trespassing and breaking and entering my boyfriends truck, getting into it, and moving it down the street so he could take possession of my vehicle. All 4 of these incidents by themselves amount to a breach of the peace and as such Santander Consumer USA has violated the FDCPA under which Im protected. Finally, XXXX XXXX has been sued in state courts in multiple states for this exact type of behavior. I have found court cases in Indiana, California, and Minnesota as recently as XXXX. They changed their name from XXXX to XXXX in XXXX and are still operating and engaging in the same activity. They dont seem to be deterred at all, rather would damage peoples property than take responsibility and engage in ethical repossessions.
Company Response:
State: NV
Zip: 894XX
Submitted Via: Web
Date Sent: 2021-11-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-01
Issue: Credit monitoring or identity theft protection services
Subissue: Billing dispute for services
Consumer Complaint: I purchased a vehicle from XXXX in XXXX. They sent my information to Santander Consumer USA. The loan started in XX/XX/XXXX for the first payment. In XX/XX/XXXX, I was wrongfully terminated from my employer and got behind on payments due to me not making the amount of income I was when I was employed. I made numerous contacts to Santander to ask them what were my options as I was very concerned about my credit and my co-signers credit. They didnt want to assist. I ran up credit cards trying to stay on track. Fast forwarding to XX/XX/XXXX, my car was stolen and taken to another State. I had full coverage insurance and Santander was paid off. Theyve added the amount they said I owe, over $ XXXX to my credit report which is impacting negatively for me and the co-signer. I was not $ XXXX behind on payments, maybe 2 payments behind since I was stressed, single mother, trying to work still and find transportation to get back and forth to work. I end up ultimately having to get another loan for another car. I dont feel that amount they say is owed is legitimate.
Company Response:
State: CA
Zip: 95835
Submitted Via: Web
Date Sent: 2021-11-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-01
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I have disputed this account and have reached out to the company/creditors MANY times but failed. This account is being reported inaccurately and incorrectly on my credit report.
Company Response:
State: RI
Zip: 02889
Submitted Via: Web
Date Sent: 2021-11-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-31
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Santander Consumer refuse to remove debt from my credit report ; violates 15 usc 1692 ( 1 ) ( d ) the debt is was charged off as profit/bad debt ; so in fact Santander consumer was paid for the debt ; with my social security number, tax write off, commission, and or insurance ( paid by me ; collateral/premium ) ; 15 usc 1693e positive balance The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. ; violates 15 usc 1692, abusive, deceptive, unfair, invasion personal information. I wad always a on time payer until the Gap insurance SC sold me, wouldnt pay off the final balance ; of coarse its always a reason not to pay ; Santander hindered my progression with a better job, car, and home for years ; I never gave Santander permission to report to any credit reporting company, if so it was revoked ; it was 11 years ago when opened why I dont know. When I spoke with them they refused to removed it, thus I thought there was nothing I could do, until now. Santander was paid by my social, tax write off, insurance unknowingly paid by me ( premium/collateral ), and or some type of commission.
Company Response:
State: AL
Zip: 36116
Submitted Via: Web
Date Sent: 2021-10-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-30
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Santander Consumer USA received my car loan ( I did not choose them ). No payments missed. Made a final pay off. Received PAID IN FULL receipt as well as the RELEASE OF XXXX. Filed for new title with local courts. Received new title. Own vehicle outright. Santander is claiming I owe them more money. Santander sent me receipts PAID IN FULL. Santander is XXXX me and now XXXX XXXX of the vehicle. They claim the amount owed is {$520.00} They have an error in their system ( otherwise why sign off and send a paid in full receipt ) and are not claiming I owe. Even if I pay, what is to prevent them from saying the same thing again? I already have a receipt. Nothing prevents them from this claim. I advised them to have their legal team contact me and they did not. Phone conversations have been recorded per XXXX law.
Company Response:
State: KY
Zip: 42240
Submitted Via: Web
Date Sent: 2021-10-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-30
Issue: Managing the loan or lease
Subissue: Problem with the interest rate
Consumer Complaint: I recently purchased an SUV, the asking price was almost XXXX. But after adding interest, I will be paying XXXX for a 2014 car. my credit is the the greatest, but I have been improving it. I have a car now that is almost paid for, And out of four years I have not been late, other then one time. And that due to Covid-19. I was out of work for two months. I also have two credit cards that I have never been late on. I really feel like I should have received a better interest rate. My opinion! I feel like my race may have played a role in the very high interest rate I got. The date of the transaction was XXXXloan company Santander Consumer USA XXXX XXXX XXXX XXXX, TX XXXX XXXX Sincerely XXXX XXXX
Company Response:
State: TN
Zip: 372XX
Submitted Via: Web
Date Sent: 2021-10-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-30
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I believe that I am being bullied by scammers. Here are the details. My daughter asked me to cosign on a loan so she could buy a car. Unfortunately she lost her job and couldn't make the payments. The car was repossessed. About 5 years later a firm called XXXX XXXX, XXXX. contacted me. They said that they represented Santander Consumer USA who held the loan on the car. The car was repossessed and sold off again but since they couldn't reach my daughter, I was to pay off the debt. We agreed on a settlement of {$2000.00} to be paid to XXXX XXXX, XXXX ( XXXX ) in monthly installments of {$170.00}. I have a Pay Off letter stating that the account is resolved dated XX/XX/XXXX. I also have receipts of payment. The Charge Off Date was XX/XX/XXXX. I was told that my business with this vehicle was completed. On XX/XX/XXXX a firm called XXXX XXXX XXXX, XXXX contacted me and said that there was a warrant out to garnish my wages and seize my bank account. This was to take place the next day. They told me that I could try to fight it in court, but that could take months and my accounts would still be seized and my wages garnished until resolved. I explained that I had already paid the debt and that I had a letter stating that. They said since they tried to resolve this by sending someone to my house, but they couldn't find my address, I had only two choices. Pay them now and resolve this debt for good or have my wages garnished and bank account seized tomorrow. I was very upset, crying and confused. The lady on the phone said that we only had less than 30 minutes to resolve this or the warrant would process and there was nothing we could do. I told her that I could send her a copy of the Pay Off letter but she said that it didn't matter, I would have to fight it in court. She would not allow me the opportunity to send her the XXXX XXXX letter. Again she threatened me that my wages would be garnished and bank accounts seized. She said that she could try to work a lower fee with her supervisor but that was only a maybe. She put me on hold. When she came back on the line she told me that she got it lower to a total of {$2500.00}. She said that at this point since it has taken so long to explain everything to me, that I only had one option and that was to pay. So I paid the agreed amount of {$2500.00} to XXXX XXXX XXXX XXXX, the firm that processes payments for XXXX XXXX XXXX XXXX. I had to sign electronic papers and they sent a receipt stating that it was paid in full and no one else could claim the debt. Again, I understood that this would resolve my dealings with this vehicle. I should also say that my house is very easy to find and that no one had delivered any papers or anything to me. During this entire situation I was crying and very XXXX On XX/XX/XXXX a lady from XXXX XXXX XXXX called me and told me that I still owe this debt. She said that XXXX XXXX XXXX did not pay off the debt as agreed. It didn't matter that I had paid this debt off twice. She said that XXXX XXXX XXXX owned the debt now since XXXX XXXX XXXX XXXX didn't pay it. I had less than an hour before a warrant was issued to garnish my wages and take money from any accounts that I had and even put a lien on my home. She would leave me only {$340.00}. She knew that I had paid XXXX XXXX XXXX XXXX {$2500.00}. She told me who they were and exactly how much I paid them. She said that XXXX XXXX XXXX XXXX never paid off the debt and I was liable for the money. I was very upset and confused by all of this. How could I make sure that XXXX XXXX XXXX was going to pay it, I asked. She got hateful and aggressive at this point. She then told me that I could always hang up the phone and that the warrant would go through the next day. They had filed it with the Clerk of Courts that morning in my county and she only had minutes to stop it. She said that she would help me but that I had to stop crying and calm down. She said that if I had been affected by XXXX XXXX she could work a deal for me. She then asked if I had been affected by XXXX I told her that I had it in XXXX of this year. She worked out a deal with her supervisor that I could pay off the debt for good by paying them {$2000.00} right then using an electronic check. She would make sure that the warrant wouldn't go through. She said that if the check bounced, they would prosecute and that I would go to jail for 30 years. My husband had just gotten paid so the check was good. I had no idea how we would pay our bills but she had me so scared that I couldn't think straight. All I knew was that I had to fix this so my home would be safe. So I paid XXXX XXXX XXXX {$2000.00} by check by phone. Again she threatened me of all the things that they would do to me, garnish wages, seize all our bank accounts, put a lien on our property and put me in jail. My husband has advanced stage XXXX XXXX so I couldn't let any of those things happen. She then told me that I should call my bank and tell my bank that XXXX XXXX XXXX, XXXX didn't have my permission to take money from my account. She told me to tell my bank that it was a fraud. She said that this was off the record and that she is helping me. That I should also file a lawsuit against XXXX XXXX XXXX, XXXX. ThaXXXX XXXX XXXX XXXX was filing a suit against XXXX XXXX XXXX, XXXX because they have pulled this stunt with three other people so far. She told me repeatedly to tell my bank that XXXX XXXX XXXX, XXXX took money from my account without my permission and that it was an act of fraud. That way my bank would make sure I got my money back. She said that she used to work in the fraud department and knew that I could get my money back. She told me repeatedly to lie to my bank. That isn't right. I didn't think that a reputable company would tell someone to lie. But by this time I had already signed the document and paid by Check by Phone. I told my bank the truth. My husband came in while I was on the phone with the lady from XXXX XXXX XXXX. When he heard how she was threatening me he started recording the conversation and he informed her of that fact. She was not happy with him and told him that if he didn't talk nicer to him she would hang up the phone and not help me. I started to panic. I couldn't afford for her to garnish my wages and seize our accounts. My husband said that I was being scammed. I didn't understand how that could be when both companies said they had warrants out to garnish my wages and seize our accounts. He called our bank and put a Stop Payment on the check. I am very afraid of what they might do. I don't know how to stop this. I transferred all the money that we had in savings to pay off the debt that XXXX XXXX XXXX XXXX said I owed. I am afraid to answer my phone. I'm afraid to answer the door. I'm afraid they will come for me at work. Please help me.
Company Response:
State: OR
Zip: 974XX
Submitted Via: Web
Date Sent: 2021-12-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A