Date Received: 2021-07-30
Issue: Struggling to pay your loan
Subissue: Lender trying to repossess or disable the vehicle
Consumer Complaint: On XX/XX/2021, I received a notice from Santander Consumer agency regarding a pending repossession. I have attempted to reconcile this debt within their Co-vid 19 protections but it has been to no avail. These are the key points of my response. -Santander has violated the law per 15 US Code 1635 by not disclosing my right to rescind this transaction. Also, by using my credit report to coerce payment and as such you have violated FDCPA 806 harassment and abuse. The representation or implication that nonpayment of any debt will result in the seizure or garnishment of any property or wages is unlawful for any creditor or debt collector. -Furthermore, upon purchase of the vehicle I was given a credit application not a loan application. -There should be no cash involved in a consumer transaction. This lending company has been charging me monthly payments and interest rates ( finance charges ), all of which need to be returned to me.
Company Response:
State: OH
Zip: 43035
Submitted Via: Web
Date Sent: 2021-07-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-30
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: My ex husband totaled the vehicle from this lender in XX/XX/XXXX, no one explained gap coverage when I purchased the vehicle. The account was closed and charged off, it's been in that status ever since. Last week or so, I asked for it to be removed from credit report a little early instead of waiting for XX/XX/XXXX due to having a terminal illness, it's been in charge off status for 6 yrs and they ignored the request and made the account status " open '' again. That isn't right. If they don't want to help me with account by removing the negative even though it's been so long and i'm XXXX awaiting a XXXX XXXX and will not be able to repay then just leave the account in CLOSED status. Don't reopen.
Company Response:
State: TX
Zip: 76502
Submitted Via: Web
Date Sent: 2021-07-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-30
Issue: Managing the loan or lease
Subissue: Problem with fees charged
Consumer Complaint: Santander is reporting that my client still owes a balance, and the account got placed for collection status. My client was trying to get financed for a home, but this debt is preventing my client to get the necessary financing. On XX/XX/XXXX I sent a certified letter to get verification of the amounts that Santander claims that my client owes, as of today XX/XX/XXXX we have not received any response. In the certified letter, I attached a POA, tracking number # XXXX.
Company Response:
State: OK
Zip: 749XX
Submitted Via: Web
Date Sent: 2021-07-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-30
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: The originally lender Chrysler capital who I initially was in debt with, sold company to XXXX XXXX who then continued to keep the credit inquiry active when it shows the account was charged off from 2015 which is over 6 years old by now. The original lender who I was contracted and financed through aka Chrysler capital passed this to XXXX capital who continues to hold this debt and injure my credit when it has been charged off for six years and solidified.
Company Response:
State: NJ
Zip: 082XX
Submitted Via: Web
Date Sent: 2021-07-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-30
Issue: Struggling to pay your loan
Subissue: Denied request to lower payments
Consumer Complaint: I am having problem with the auto loan financed by Santander Consumer USA from XX/XX/XXXX ( loan number XXXX ) .The original loan amount was {$16000.00}. The loan was deceitfully and unfairly originated. I was deceitfully made to buy ancillary products like vehicle service contract worth {$1400.00} and vehicle appearance package worth {$890.00}. The loan was also unlawfully processed because my income residue ratio was inflated and consequently my interest rate was prohibitively high at 21.29 %. This has exposed me to high financial risk as you can see my loan has been on default on multiple times. I have already attempted to resolve this problem by making numerous phone calls, but it has not been considered. According to the multistate settlement of XX/XX/XXXX, Santander was supposed to forgive all loans that become delinquent but they have refused to honor that judgement.
Company Response:
State: GA
Zip: 30101
Submitted Via: Web
Date Sent: 2021-07-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-30
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I have disputed this account with this company with each of the 3 CRAs some of which I disputed more than once and except for one time the had the nerve to report as accurate each one that had results returned were updated proving that they were falsely reporting. The account closed date has changed about 4 or 5 times as has the last payment date and the amount which they took my money and did not subtract it from my balance as they even show on my last dispute they instead added XXXX $ to the balance which they legally can not do since the account is closed and some times its reported as in collection and some say profit loss written off but Ive never received one default letter then they came and took my car even though according to my bank account statement I was never 120 days behind but because each payment I did make for that month they only applied to the high interest rate payment they reported it late so Im not sure how they actually repossess my property after they wrote off the principal balance as a loss to their shareholders as one customer service agent told me on a recorded conversation about that. So they never sold the debt and they continue to say this is an attempt to collect a debt even though the Supreme Court ruled that this company cant refer to themselves as a debt collector to the consumer if they didnt purchase their debt from another source they cant refer themselves to me as debt collector because they acted as my lien holder and they only have the primary purpose of serving as a credit lender Im pretty sure that they need to sell my car in a reasonably time frame so they can inform me if I can buy my car back since the refused to give me my reinstatement fee for receiving my car back they also have never once sent a debt collector letter or one phone call.yet they report on my credit report sometimes yes and sometimes no that Im in collections but never once have I Gotten one letter or call and Im still waiting for the copy of my default letter from them, seriously why would I Have given them XXXX $ after I knew I was charged off! That money isnt even accounted for anywhere! This company just got sued in federal court in XXXX for exactly the same reason Im asking for your help with the have breached the order of consent that a federal court ordered for XXXX XXXX dollars just 8 months ago and they have no respect for the law and now they are just trying to ignore the very core of the law and think they can continue to break people which Im not the only person that feels this way but Im the one who will start the war because I have faith in the system that you will do the right thing to make them do what they are ordered to do they cant report my car as a loss then turn around and with no debt collector try to use it to make it an asset and hold me for the deficiency. Thats so wrong and on top of all of that the agreed with me that the copy of the bill of sale from the dealership that the give kickbacks to did not sign! There is absolutely no signature anywhere on that paperwork from the seller so actually this loan is not even binding and I can prove it because when I brought it to the attention of the creditor they did agree there was no signature on their copy as well But they are gon na just use the previous one that was void due to my wanting to Change my service warranty and then we had a new final agreements which they failed to sign which makes the agreement not binding! So therefore a retail agreement can not be final on a vehicle buyer order that doesnt have both signatures the buyer and the seller which means the terms are not official and you cant draft an agreement with the lender unless the price is mutually agreed upon
Company Response:
State: IN
Zip: 46112
Submitted Via: Web
Date Sent: 2021-07-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-29
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: FCRA VIOLATIONS : XXXX XXXX Under dispute Date opened XX/XX/XXXX Balance {$0.00} Status Closed. {$7900.00} written off. XXXXXXXX XXXX XXXX XXXX Potentially negative Date opened XX/XX/XXXX Balance {$990.00} Status Account charged off. {$990.00} written off. {$990.00} past due as of XX/XX/XXXX. XXXX XXXX XXXXXXXX XXXX Potentially negative Date opened XX/XX/XXXX Balance {$310.00} Status Collection account. {$310.00} past due as of XX/XX/XXXX. XXXX XXXX XXXX Potentially negative Date opened XX/XX/XXXX Balance {$4800.00} Status Collection account. {$4800.00} past due as of XX/XX/XXXX. XXXX XXXX XXXX XXXX Potentially negative Date opened XX/XX/XXXX Balance {$2600.00} Status Account charged off. {$800.00} written off. {$1200.00} past due as of XX/XX/XXXX.
Company Response:
State: TX
Zip: 770XX
Submitted Via: Web
Date Sent: 2021-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-29
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: so my account XXXX XXXX was wrongfully sold to another debt collector without my consent. now that someone has my personal information they are reporting XXXX that i dont owe.
Company Response:
State: CA
Zip: 90706
Submitted Via: Web
Date Sent: 2021-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-29
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: On XX/XX/XXXX I traded in my XXXX XXXX that was being financed through Santander Bank into XXXX XXXX XXXX XXXX for a XXXX XXXX. On XX/XX/XXXX I provided a payoff statement to XXXX for what was owed on the XXXX XXXX. However, XXXX did not make the payment to Santander until XX/XX/XXXX, at which point the payoff amount had changed. In turn, there were no payments made towards a {$99.00} balance with Santander Bank by XXXX XXXX XXXX XXXX until XX/XX/XXXX. I was unaware of this issue until I noticed a serious delinquency on my credit report from Santander, stating that I missed three months of payments before my account was closed and the balance was settled. I reached out to Santander on numerous occasions and was told there was nothing they could do since they had already reported my delinquency. I reached out to XXXX and they told me had I should have checked in with Santander and this is not their responsibility. I am now forced to deal with this serious delinquency on my credit file.
Company Response:
State: NY
Zip: 10461
Submitted Via: Web
Date Sent: 2021-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-29
Issue: Managing the loan or lease
Subissue: Problem with the interest rate
Consumer Complaint: I have an existing auto loan with Santander XXXX that was open XXXX of 2018. It has then come to my attention that this lender was part of a class action suit shortly after. After referring to the legal website where the information of the class action suit was obtained, it appears that I indeed to qualify for relief. Prior to my knowledge of the lawsuit, I have questioned my loan with the lender on numerous occasions. I also ave reached out to the company in efforts to get more information, where they were know help at all. A year later, I am still getting run around between Santander & the Attorney generals office as to how I can obtain information.
Company Response:
State: NY
Zip: 12550
Submitted Via: Web
Date Sent: 2021-07-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A