Date Received: 2021-10-18
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Hello, I am writing this letter to file a formal complaint with santander usa. The company has reported my account past due when I was told on several calls that it would not if I continued to make the payments due to the account having reached maturity. The goal was to get a modification approved. I specifically asked if i was ok with making the normal payments and that my account would not be adversely affected. The agent assured me that it would not and they would offer a modification to take care of the remaining balance. To my surprise of the weekend of XXXX XXXX was notified of the late payment status to the credit reporting agencies. In addition, the modification documents for signature and the email noted it would deactivate on the XXXX. I attempted to access the document on the day and was given an error message. I am currently under going a refinance of my house. I acted on the advice from the agents regarding payments which appears to have been incorrect. I respectfully ask that this 30 day be removed from my credit report. I only did what i as told. Listed below are the times and agents i spoke with. Thank you very much. XXXX XX/XX/XXXX- Agent badge XXXX XX/XX/XXXX - Agent badge XXXX XX/XX/XXXX - XXXX
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-18
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: XX/XX/2021, received letter to settle account from SANTANDER CONSUMER USA in full if I pay {$310.00} by XX/XX/2021. Paid {$310.00} on XX/XX/2021. Today, XX/XX/2021, Santander now says I owe {$550.00}. The debts on my credit were not adjusted to reflect this even after they told me three times it would be fixed within 30 days after payment ( which was done on XX/XX/2021 ), so I had to submit disputes to XXXX and XXXX. The disputes were accepted, and my accounts were fixed to display that I no longer owed Santander Auto any money. Today, on XX/XX/2021, Santander has updated my XXXX account saying I owe {$550.00}, and they marked on my account that I missed a payment in XXXX, dropping my credit by 12 points. My payment was accepted on XX/XX/2021 to settle the account as PAID IN FULL, how could I have possibly missed a payment in XXXX of 2021 for an account that has now been closed for multiple months? They clearly have no intention of being honest, and are trying to mark things on my credit that they do not have the power to do.
Company Response:
State: WI
Zip: 54313
Submitted Via: Web
Date Sent: 2021-10-18
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-18
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have dispute all of the information Chrysler Capital has report and for good reason. My latest complaint CFPB Case No : XXXX returned results showing they are reporting false information and targeting me for financial gain. First let me state that Chrysler Capital never sent anything addressed to me about a repossession or sale and as a co-signer I should have been notified. I am attaching what they sent me and would like you to look into their falsifying the papers. First let me start by saying nothing was sent in my name until XX/XX/XXXX after car was sold. The address on first letter is correct but my name they left out the middle XXXX Second letter is a notice of intent of repossession and if you will note date is states XX/XX/XXXX. Address has 4 extra digits and they have XXXX XXXX XXXX next to mine and the street address is being spelled incorrect while falsifying these papers. It also shows Certified mail which I never received or signed for and they refused to provide this evidence. Please read the body of that letter the amounts and dates are not matching what they are saying, Third letter again 4 extra numbers and the address for XXXX is spelled correct but the Drive was left off. Again they state certified mail and I NEVER signed for that fake letter. Next letter date is XX/XX/XXXX and it to was not signed for and that date would have been 2 months after the so called sale. Next notice on XX/XX/XXXX I got regular mail and that address had a mis-spelling on this response but correct spelling on my physical letter I got in the mail. Then letter dated XX/XX/XXXX has street spelled wrong and not 4 extra digits. Last let me point you to the information in blue it shows XXXX XXXX instead of XXXX XXXX XXXX as the others stated. This company has me in fear of my life as they are reporting false information, destroying my credit and I am XXXX and have nothing yet they are targeting me after the fact of their damage. Again I am attaching their response through you. I need this off my records or I may have to go to court. Forwarding this to Chrysler Capital will allow them to change their papers but I have forwarded it to 3 places and printed one out for my safety and placed in a safe.
Company Response:
State: MD
Zip: 218XX
Submitted Via: Web
Date Sent: 2021-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-18
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Was not notified of investigation status or results
Consumer Complaint: This is a formal complaint against Santander Consumer located in XXXX XXXX, TX. This company has repeatedly violated my consumer rights under the Fair Credit Reporting Act as well as the Fair Credit Billing Act and has caused me much unnecessary financial AND mental distress. For starters, they're reporting an erroneous & unverifiable account on my credit report and not to mention an account in which I've asked for proof of claim and in which they have not been able to provide, per the FCRA & FCBA. Despite my efforts to resolve this unfortunate nightmare for several months now, Santander Consumer has completely ignored my communications and legal submissions to remove this inaccurate information from my credit report. I am well aware of several other complaints filed against this company for their illegal and unethical business practices. Yet, somehow, this company is still in business. This company 's unprofessional & negligent behavior has caused lots of serious harm, not only to my ability to establish credit & good interest rates, but also to my character as a Professional and as an individual. Please help me, and the many other consumers just like me, to put a stop to the operation of these unethical & immoral business practices immediately. I sincerely appreciate your time and assistance in this matter and hope to hear from you very soon.
Company Response:
State: TX
Zip: 77365
Submitted Via: Web
Date Sent: 2021-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-18
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: I am XXXX XXXX and submitting this complaint myself and there is no third party involved. I am referencing the consumer credit transaction pursuant to 16 CFR 433.1, 16 CFR 433.2 and 16 CFR 433.3 within this complaint. The consumer credit transaction took place earlier this year. The transaction resulted in a credit sale from a purchase money loan given by the creditor/seller. After reviewing the contract, I exercised my consumer right to rescind within 72 hours with attached notarial seal. Not to mention, I recognized the following : NOTICE 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. The above notice is pursuant to 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE 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. The retail installment sale contract is a consumer credit contract ; therefore, I have the right to all claims and defenses being that this contract involved unfair, deceptive acts, and practices. Although, I exercised my right to cease collection activity through all mediums while this account is being investigated, Santander Consumer USA made an attempt to seize the property. A person making an attempt to seize a consumer property is a violation of 15 U.S. Code 1692e. 15 U.S. Code 1692e ( 4 ) ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. Not to mention, Santander Consumer USA also made a threat of use of violence to harm me physically as well as my reputation, and my property. Throughout this experience with the reference person, the use of obscene and profane language was through mediums. As a consumer, I have witnessed Santander Consumer USA harass and abuse me through abusive debt collection practices to make a payment on the debt. My credit report is reflecting a negative mark from the person who has assumed a position with collecting an alleged debt. Pursuant to 15 U.S. Code 1692d A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. ( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) [ 1 ] of this title. ( 4 ) The advertisement for sale of any debt to coerce payment of the debt. ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. ( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the callers identity. All in all, this was an consumer credit transaction and my credit card was used along with my signature that allowed Santander to collect the finance charge plus other fees from the Federal Reserve in return to give me purchase money loan yet no proceeds were given from the consumer credit contract to me as the consumer. Therefore, I am demanding Santander Consumer USA to adhere pursuant to 16 CFR 433.1, 16 CFR 433.2 and 16 CFR 433.3.
Company Response:
State: TN
Zip: 38125
Submitted Via: Web
Date Sent: 2021-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-18
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: I am a low income minority customer. I went to XXXX XXXX XXXX in XXXX XXXX, CA. They high pressure steered me into a XXXX XXXX XXXX, which was worth $ XXXX at best. They had me finance $ XXXX. Here 's the problem : I make {$15.00} an hour and they lied on my credit application and said that I make $ XXXX per year in order to get me approved for a 25 % interest subprime loan with Santander Bank XXXX Yes, the dealership lied about my income to get me approved for a loan. On top of that, turns out Santander is in on the whole scheme. Santander 's business model revolves around issuing predatory auto loans that their own data shows 70 % of customers will default on. Their own data shows they are ruining the lives of minority customers. Santander is fully aware that dealers routinely lie about their customer 's income to get them approved for these fraudulent loans. Both the dealership and Santander are engaging in abusive harmful practices. The CFPB must act and shut Santander down and sue these car dealers that are pushing their customers into abusive and fraudulent auto loans.
Company Response:
State: CA
Zip: 91977
Submitted Via: Web
Date Sent: 2021-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-18
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: This charged off account is on my XXXX report.which I have no prior knowledge of.which was opened fraudulently and under the FCRA 15 usc section 1681. Must be removed immediately.if not will be included in litigation.
Company Response:
State: PA
Zip: 19150
Submitted Via: Web
Date Sent: 2021-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-16
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: My name is XXXX XXXX and I received an adverse action letter from Santander Consumer USA. The letter states that Santander is unable to approve the terms of your credit request, using information from a credit application that was done through XXXX. According to 15 USC 1691 ( a ) ( 3 ), it is unlawful to discriminate against an applicant with respect to ANY aspect of a credit transaction and because the applicant has in good faith exercised ANY right under the XXXX. This is even stated on the letter at the very bottom. I also noticed that it mentions an application for extension of credit. A credit application is applying for credit. Pursuant to 15 USC 1602 ( f ), credit is defined as the right granted by a creditor. Creditor is defined as someone who regularly extends credit AND to whom the debt is ARISING FROM, pursuant to 15 USC 1602 ( g ). Included in that application was my social security number. Obviously thats how my consumer report was pulled. Pursuant to 15 USC 1602 ( l ), a credit card is defined as ANY card, plate, coupon book, or other credit device used for obtaining money, property, or services ON CREDIT. If I am not mistaken, my social security card is in fact a credit card. So in order for Santander to EXTEND credit, there needs to be a source of credit. That source is my social security card. In turn, making me the creditor because I extended my credit and I am who the debt would be arising from. So theyre falsely claiming that they extend credit when their website consists of financing options. Credit and loan/financing are NOT the same nor do they have the same definitions. A loan application is applying for a loan ; financing. So they are taking my credit source and denying me of my own credit based on information that is NOT verified. Finally, in the letter Santander states that if they obtained information from a consumer reporting agency as part of their consideration, they will list the agencys information, which they did. Now the proceeding sentence states that the reporting agency played no part in Santanders decision and is unable to provide specific reasons for the denial of credit. According to 15 USC 1681m ( a ) ( 3 ) ( B ), the latter of that statement is correct but to say that the consumer reporting agency played no part is completely false and contradicting of the previous sentence. It also clearly states that Santander obtained my credit score from this consumer reporting agency and used it in making our credit decision. So it seems as though the consumer reporting agency did in fact play a part in Santanders decision.
Company Response:
State: MD
Zip: 20774
Submitted Via: Web
Date Sent: 2021-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-14
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: SANTANDER CONSUMER USA Contact XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX HAS BEEN SENDING ME COLLECTION NOTICIES IN THE AMOUNT OF $XXXX THE COLLECTION HAS BEEN REPORTED AS PAST DUE . I DO NOT KNOW THIS COMPANY. I HAVE NEVER DONE ANY BUSINESS WITH THIS COMPANY . THIS COMPNAY DOES NOT HAVE A CONTRACT WITH MY SIGNATURE.
Company Response:
State: FL
Zip: 33167
Submitted Via: Web
Date Sent: 2021-10-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-14
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I natural person, consumer, and creditor PULLED MY CONSUMER REPORT AND SEE UNAUTHORIZED REPORTINGS OF ACCOUNTS ON MY REPORT. THE COMPANY IS IN VIOLATION OF : 15 USC 1681 ( a ) ( 4 ) 15 USC 1681 ( a ) ( 2 ) ( b ) 15 USC 1681 ( b ) ( a ) ( 2 ) 15 USC 1681 ( b ) ( 2 ) ( a ) 15 USC 1681 ( c ) ( 2 )
Company Response:
State: GA
Zip: 30168
Submitted Via: Web
Date Sent: 2021-10-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A