Date Received: 2021-08-25
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: Under complaint number XXXX this company is willfully violating my rights as a consumer under the truth and lending act Title 15 U.S.C.1611 this issue has now damage my reputation as a consumer because this company is trying to enforce a position in a contract that is void due to the furnishing of deceptive forms under Title 15 U.S.C.1692j. This company has outright lied about being creditors or having any security interest in a contract with me because they have never lended me anything nor were they present at consummation of the contract. This company is committing identity theft and has no regard for the rights of the consumer.
Company Response:
State: PA
Zip: 19104
Submitted Via: Web
Date Sent: 2021-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-25
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: The latest credit report I checked still shows that this account is being reported inaccurately and incorrectly, despite that I sent previous dispute letters to your agency. This account is being reported reflecting multiple " violation '' statements. I don't believe the status of this account is accurate.
Company Response:
State: CA
Zip: 94578
Submitted Via: Web
Date Sent: 2021-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-24
Issue: Managing the loan or lease
Subissue: Problem with the interest rate
Consumer Complaint: After Repossession of my vehicle, there was 33 state Predatory Lending Class Action Settlement against Santander Consumer USA. I Purchased my vechile in XXXX of XXXX and my car repossession happened in XXXX of XXXX. So after several attempts to get this account removed from my credit profile santandar failed to respond and stated my name was not in the system. XXXX of XXXX according to the agreement, my debt is to be forgiven and account status should be removed from my credit report. because of what was agreed to in the settlement. This has now become a violation and need to be corrected within the next 30 days of receipt of this complaint. This Account Is Also reporting different balance due, different reporting dates. which is violation of the FCRA
Company Response:
State: MI
Zip: 48227
Submitted Via: Web
Date Sent: 2021-08-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-24
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: XXXX has knowingly violated FCRA 15 U.S.C. 1681n Civil liability for willful noncompliance. They have not responded within the allotted time. They have also violated 15 U.S.C. 1692g, this agency was to notify me of this in writing five days prior, I was not notified. As the original creditor only I can validate this debt. I do not validate this debt. I have also been involved in identity them these items on my report are not mine. XXXX XXXX XXXX Account number:XXXX Child Support Enforcement Account number : XXXX Santander Consumer Account number : XXXX
Company Response:
State: NY
Zip: 11550
Submitted Via: Web
Date Sent: 2021-08-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-23
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 in regards to the incorrect items on my credit report. It has been well over 30 days and I haven't received any investigation results.
Company Response:
State: NC
Zip: 27511
Submitted Via: Web
Date Sent: 2021-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-23
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Unauthorized and inaccurate accounts reported from my credit report
Company Response:
State: TX
Zip: 77584
Submitted Via: Web
Date Sent: 2021-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-23
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: This company is reporting and attempting to collect an alleged {$16000.00} deficiency balance. Please be advised that I dispute the legal validity of the alleged deficiency balance. They are attempting to collect a deficiency balance that I am not obligated to pay. Specifically, they have not provided me with the required notices before disposition of collateral and explanation of calculation of deficiency as required under the law. As per the law, cease and desist all collection activity, including all credit reporting.
Company Response:
State: NY
Zip: 11208
Submitted Via: Web
Date Sent: 2021-09-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-23
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: My credit was ran without my consent or knowledge on XX/XX/ by Santander consumer USA, when I called them to ask if they had an authorization, identification of the person that applied for credit in my name, they told me to contact the credit reporting bureau & hung up the phone on me!
Company Response:
State: AL
Zip: 355XX
Submitted Via: Web
Date Sent: 2021-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-22
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: RE : Santander Consumer USA Account XXXX. XXXX XXXX To Whom It May Concern : Be advised this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et. seq., and the Fair Credit Reporting Act, 15 U.S.C. 1681 et. seq. that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address or any other personal identifiers, but a request for VALIDATION made pursuant to the above named Titles and Sections. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. At this time I will also inform you that if your offices have reported invalidated information to any of the three major credit bureaus ( XXXX XXXX, and XXXX XXXX ) ; this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act and Defamation of Character. It would be constructive for you to note that the FCRA ( Fair Credit Reporting Act ) section 609 ( c ) ( 2 ) ( E ) states : " a consumer reporting agency is not required to remove accurate derogatory information from a consumer 's file, unless the information is outdated under section 605 or can not be verified. The can not be verified is the key phrase, as you can see. Since I challenged you and your staff to verify, and you can not, that means all financial institutions and credit reporting agencies concerned with my account are required to remove any derogatory information. It can not be deemed accurate if it can not be verified. If it can not be verified, then it is required to be removed, according to the FCRA. Please be advised that the alleged debt that you are attempting collect is uncollectable for the following reasons : Creditor is in breach of any alleged agreement that it claims I am bound by. Creditor failed to make full disclosure in its credit card agreement prior to soliciting my application to be bound by it. Due to the breach and lack of full disclosure, you are attempting to collect an alleged debt from me, you are committing false, deceptive, or misleading representations or means, in violation of Section 807 of the FDCPA, 15 U.S.C. 1692e, committing fraud. Creditor has failed to fully disclose the fact that it sold its credit card receivables relating to the alleged account that you claim I am bound by. This transaction is a securitization. Due to the securitization of the initial outstanding balances of the alleged account, creditor is not a holder in due course, and therefore has no rights or interest in the receivables you are attempting to collect. Law in support of the above : SECURITIZATIONS 74. An originator of a typical securitization ( the transferor ) transfers a portfolio of financial assets to an SPE, commonly a trust. In " pass-through '' and " pay-through '' securitizations, receivables are transferred to the SPE at the inception of the securitization, and no further transfers are made ; all cash collections are paid to the holders of beneficial interests in the SPE. In " revolving-period '' securitizations, receivables are transferred at the inception and also periodically ( daily or monthly ) thereafter for a defined period ( commonly three to eight years ), referred to as the revolving period. During the revolving period, the SPE uses most of the cash collections to purchase additional receivables from the transferor on prearranged terms. 75. Beneficial interests in the SPE are sold to investors and the proceeds are used to pay the transferor for the assets transferred. Those beneficial interests may comprise either a single class having equity characteristics or multiple classes of interests, some having debt characteristics and others having equity characteristics. The cash collected from the portfolio is distributed to the investors and others as specified by the legal documents that established the SPE. See Statement of Financial Accounting Standards No. 140, Financial Accounting Standards Board, September 2000 ( FASB FAS140 ) Please provide the following : 1. Agreement with your client that grants you the agent authority to collect on this alleged debt. 2. Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay Santander Consumer USA Account No. XXXX/ XXXX, and or an agreement showing I agree to pay a creditor and or their agent. 3. A copy of your oath of office confirming you are not violating 15 USC 1692 ( e ) 3, and establishing your legal standing to collect anything from me. 4. Any insurance claims been made by any creditor regarding this account. 5. Any judgments obtained by any creditor regarding this account that gives you the right to collect anything from me. 6. Name and address of alleged original creditor. 7. Name on file of alleged debtor. 8. Alleged account number. 9. Address on file for alleged debtor. 10. Amount of alleged debt and what it is for. 11. Date this alleged debt became payable. 12. If the account is charged off, the date of original charge off or delinquency. 13. Verification that this debt was assigned or sold to collector. 14. If this debt has been assigned to collector, please provide the commission amount if collection efforts are successful. 15. If this debt has been sold to collector, please provide the price for which it was sold, and proof of sale. Include all trailing documents identifying the SELLER you purchased it from and ALL PREVIOUS OWNERS. 16. A true and correct copy of the transfer instrument that was used to transfer the initial outstanding balances from this alleged account into the Special Purpose Entity ( SPE ) trust, as described on the FDIC website above. 17. Agreement between your agency and I of any contractual or debtor/creditor arrangement. 18. Complete accounting of alleged debt showing how you specifically calculated the entire amount of what you say I owe. 19. Copies of any and all account level documents that show I agreed to pay what you say I owe to include original signatures. If your offices are able to provide the proper documentation as requested, I will require at least 30 days after receipt to investigate this information and during such time all collection activity must cease. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit files with the credit reporting agencies, and a copy of such deletion request shall be sent to me immediately. You are to cease all collection efforts as delineated under 15 USC 1692g Sec. 809 ( b ) of the FDCPA until proper validation is provided. I would also like to request that no telephone contact be made by your offices to me, my home, or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. I declare under penalty of perjury without the United States that the above statements are the truth, the whole truth and nothing but the truth.
Company Response:
State: MA
Zip: 01841
Submitted Via: Web
Date Sent: 2021-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-22
Issue: Managing the loan or lease
Subissue: Problem with the interest rate
Consumer Complaint: I bought the car and payed way to much for a XXXX XXXX XXXX I payed XXXX something and my interest rate is 20 %. That is ridiculous for this car.
Company Response:
State: TX
Zip: 759XX
Submitted Via: Web
Date Sent: 2021-08-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A