Date Received: 2021-07-18
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: Santander and XXXX continue to corroborate on unethical and illegal practices. They were sent a debt validation letter. They produced a basic counterfeit copy. I asked for the original wet ink signature that showed I was ever in business with Santander. To no avail. Also i never gave XXXX written permission to furnish my information which is required by the FCRA Title 15 usc 1681 b2. Secondly XXXX never ran a consumer report investigation which requires them to interview my neighbor or family member. I dont have a neighbor so which family member did they interview.
Company Response:
State: CA
Zip: 92530
Submitted Via: Web
Date Sent: 2021-07-18
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-18
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I am a victim of identity theft and I have submitted a notarized affidavit which serves as a legal document to my identity theft. I am also a victim of the XXXX breach and opted out of the settlement because I have suffered extreme losses due to the breach and the identity theft. I need the fraud accounts that are in my letter that is attached removed permanently from my file as I have also contacted the creditors as well. This is extreme in violation of my fair credit reporting act rights and I will seek legal recourse. I have also attached the printout of me being affected by the XXXX breach as well.
Company Response:
State: NC
Zip: 28212
Submitted Via: Web
Date Sent: 2021-07-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-17
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Santander Consumer Acc # XXXX {$16000.00} XXXX XXXX XXXXXXXX # XXXX {$660.00} XXXX / XXXX XXXX XXXX I Acc # XXXX {$470.00} XXXX XXXX XXXX Acc # XXXX {$500.00} XXXX / XXXX XXXX Acc # XXXX {$350.00} XXXX XXXX XXXX XXXX # XXXX {$220.00} Santander. Acc # XXXX {$16000.00} I did an FTC report with all the items that do NOT belong to me.
Company Response:
State: CA
Zip: 91950
Submitted Via: Web
Date Sent: 2021-07-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-17
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: During the pandemic I had to make a decision to either pay my car payment of $ XXXX monthly or pay my mortgage because Im a single mother of XXXX children. I decided to surrendermy vehicle to Chrysler Capital after numerous attempts to either lower my payments or refinance which they do not so I was receiving daily calls to make payment even through my job was uncertain. I explained my situation and asked why my balance in the beginning was around {$29000.00} and after three years of struggle to pay this huge car payment my balance barely ever decreased even when I was on time and continuously paying. Once I realize I couldnt afford the vehicle, the company towed the vehicle away. Some weeks later I got a letter about a auction to sell my vehicle during the absolutely worst economic time, they only received around {$6000.00} for my car. Then I received another notice stating actually the vehicle was junked for that balance Im not sure what really happened however the balance is still accruing causing my credit score to plummet from the rising unpaid balance.
Company Response:
State: CA
Zip: 94565
Submitted Via: Web
Date Sent: 2021-07-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-17
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: I want to require Santander Consumer USA to verify account XXXX and send me proof that they, when extending my credit, used their own funds to pay for the XXXX XXXX XXXX XXXX. I demand proof, not the contract, I demand proof that they paid for my property with their own funds, I want a receipt for said transaction. Because I spoke to them and their agent alleges that they paid for the property with their funds. I want reliable evidence. Their representative rectified that they paid for the property with their own credit and with their own funds. If this is so, I demand that the credit transaction be verified, not the contract, the credit transaction that shows that they used their credit or their funds to pay for my property THE BANK CAN NOT LOAN CREDIT Law of Truthfulness in Loans, Jurisprudence and Regulation Z The Truth in Lending Act was passed to prevent unsophisticated consumers from being misled as to the total cost of financing. Truth in Lending Act, Section 102, 15 U.S.C. Section 1601. Griggs v. Provident Consumer Discount. 680 F.2d 927, certiorari granted, annulled 103 S.Ct. 400, 459 U.S. 56, 74 L.Ed.2d 225, in return 699 F.2d 642. " In federal courts, it is well established that a national bank is not empowered to lend its credit to another by becoming a guarantor, guarantor or guarantor for it. '' Farmers and Miners Bank v. Bluefield Nat'l Bank, 11 F 2d 83, 271 U.S. 669. " A national bank has no power to lend its credit to any person or corporation. '' Bowen v. Needles Nat. Bank, 94 F 925, 36 CCA 553, certiorari denied at 20 S.Ct 1024, 176 US 682, 44 LED 637. " It has been established beyond all controversy that a national bank, by virtue of federal law that limits its powers and capacity, can not lend its credit by guaranteeing the debts of another. All contracts of this type entered into by its officials are ultra vires " Howard & Foster Co. v. Citizens Nat'l Bank of Union, 133 SC 202, 130 SE 759 ( 1926 ). " It is not within those statutory powers that a national bank, even if it is solvent, lends its credit to another in any of the various ways in which it could be done. '' Federal Intermediate Credit Bank v. L 'Herrison , 33 F 2d 841, 842 ( 1929 ). " A bank can lend its money, but not its credit. '' First Nat 'I Bank of Tallapoosa v. Monroe , 135 Ga 614, 69 SE 1124, 32 LRA ( NS ) 550. " ... the bank is authorized to lend money as personal guarantee ; but it must be money what it lends, not its credit. '' Seligman v. Charlottesville Nat. Bank, 3 Hughes 647, Fed Case No. 12, 642, 1039. " The contract is void if it is only partly connected with the illegal transaction and the sole or complete promise. '' Guardian Agency v. Mutual Guardian. Savings Bank, 227 Wis 550, 279 NW 83. " Banking associations, by the very nature of their activity, are prohibited from lending credit. '' St. Louis Savings Bank vs. Parmalee 95 U. S. 557
Company Response:
State: MA
Zip: 01841
Submitted Via: Web
Date Sent: 2021-07-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-16
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: XXXX XXXX was sold/assigned a debt that was/is already payed according to 18 USC 8. Moreover, although they have recently deleted this unlawful reporting from my consumer report, I am holding them civilly liable for each individual action under the Fair Debt Collection Practices Act. I have sent through certified mail a sworn affidavit of truth, invoice, and exhibits that prove each violation that I am demanding remedy for. Not to mention actual damages I sustained as a result.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-07-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-15
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: On XX/XX/XXXX I XXXXXXXX XXXX XXXXXXXX the consumer and creditor went to XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXX FL XXXX to complete a consumer credit transaction for a new vehicle for personal use. XXXX XXXX in XXXX with Santander Consumer USA violated 15 U.S.C 1692j ( a ) and 15 U.S.C 1692j ( b ) regarding the agreement. Additionally, Santander Consumer USA violated 15 U.S.C 1692e ( 11 ). Pursuant to 15 U.S.C 1602i and 15 U.S.C 1691a ( e ) Neither XXXX XXXX nor Santander Consumer USA are creditors. The agreement states XXXX XXXX XXXX XXXX was giving a security interest in a new XXXX XXXX XXXX. 12 CFR 1026.2 ( a ) ( 25 ) TILA Regulation Z states security interest secured payment or performance of any obligation. I received a communication from Santander Consumer USA dated XX/XX/XXXX titled NOTICE OF RIGHT TO CURE DEFAULT REQUIREMENT OF STRICT COMPLIANCE. This notice was in violation of 15 U.S.C 1681 ( b ), 15 U.S.C 1692b ( 2 ), 15 U.S.C 1692b ( 3 ), 15 U.S.C 1692b ( 5 ), 15 U.S.C 1692b ( 5 ), 15 U.S.C 1692c ( a ), 15 U.S.C 1692d ( 4 ), 15 U.S.C 1692d ( 5 ), 15 U.S.C 1692e ( 2 ) ( A ), 15 U.S.C 1692e ( 4 ), 15 U.S.C 1692e ( 5 ), 15 U.S.C 1692e ( 8 ), 15 U.S.C 1692e ( 10 ), 15 U.S.C 1692e ( 11 ), 15 U.S.C 1692f ( 6 ) ( A ), 15 U.S.C 1692f ( 6 ) ( C ), 15 U.S.C 1692f ( 8 ), 15 U.S.C 1692g ( a ) ( 1 ), 15 U.S.C 1692g ( a ) ( 2 ), 15 U.S.C 1692g ( a ) ( 3 ), 15 U.S.C 1692g ( a ) ( 4 ), and 15 U.S.C 1692g ( a ) ( 5 ). I understand my ignorance of the law at the time allowed Santander Consumer USA to secure 50 % of the security interest with the State of Florida, however that doesnt constitute the fraud and theft committed by Santander Consumer USA. On XX/XX/XXXX Santander Consumer USA sent an unauthorized third party who had no connection on signature on the agreement to steal the XXXX XXXX XXXX. This action was in clear violation of 15 U.S.C 1681 ( a ) ( 4 ), 15 U.S.C 1681 ( b ), 15 U.S.C 1692e ( 4 ), 15 U.S.C 1692e ( 5 ), 15 U.S.C 1692e ( 8 ), 15 U.S.C 1692e ( 10 ), 15 U.S.C 1692e ( 11 ), 15 U.S.C 1692f ( 6 ) ( A ), and 15 U.S.C 1692f ( 6 ) ( C ). After the theft I again received communication from Santander Consumer USA dated XX/XX/XXXX titled NOTICE OF OUR PLAN TO SELL PROPERTY. This notice was in violation of 15 U.S.C 1681 ( b ), 15 U.S.C 1692b ( 3 ), 15 U.S.C 1692b ( 5 ), 15 U.S.C 1692b ( 5 ), 15 U.S.C 1692c ( a ), 15 U.S.C 1692c ( a ) ( 1 ), 15 U.S.C 1692d ( 4 ), 15 U.S.C 1692d ( 5 ), 15 U.S.C 1692e ( 2 ) ( A ), 15 U.S.C 1692e ( 4 ), 15 U.S.C 1692e ( 5 ), 15 U.S.C 1692e ( 6 ) ( A ), 15 U.S.C 1692e ( 10 ), 15 U.S.C 1692e ( 11 ), 15 U.S.C 1692f ( 1 ), 15 U.S.C 1692f ( 6 ) ( A ), 15 U.S.C 1692f ( 8 ), and furthermore proves theft. Lastly Santander Consumer USA sent another communication dated XX/XX/XXXX and titled CALCULATION OF SURPLUS OR DEFICIENCY. This correspondence was in violation of 15 U.S.C 1681 ( b ), 15 U.S.C 1692b ( 3 ), 15 U.S.C 1692b ( 5 ), 15 U.S.C 1692c ( a ), 15 U.S.C 1692c ( a ) ( 1 ), 15 U.S.C 1692c ( b ), 15 U.S.C 1692e ( 2 ) ( A ), 15 U.S.C 1692e ( 8 ), 15 U.S.C 1692e ( 10 ), 15 U.S.C 1692f ( 1 ), and 15 U.S.C 1692f ( 8 ).
Company Response:
State: FL
Zip: 34472
Submitted Via: Web
Date Sent: 2021-07-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-15
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: DEAR SANTANDER CONSUMER USA & ALL CRA 'S ; I've attempted several times to ratify the issue with the Santander consumer usa and credit bureaus and they still reporting inaccurate, unverifiable information and misleading. I have disputed this item with the credit reporting agency and they reported you confirmed the account as valid - How is that even possible? If you see the attachments you will notice that the account status was never updated, inconsistent with payment history and they've failed to provide detailed information about this account such as transaction history to see the breakdown of the payment and how it was applied. What is the 1st dates of delinquency ; why didn't dates of last active. Well, it's impossible that thi account can be justified as accurate or even verifiable under the consumer laws especially section 609. SORRY FOR SO MANY INACCURACIES, INCONSISTENCIES, MISLEADING AND INCOMPLETE INFORMATION AND XXXX.
Company Response:
State: MA
Zip: 02780
Submitted Via: Web
Date Sent: 2021-07-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-15
Issue: Charged fees or interest you didn't expect
Subissue:
Consumer Complaint: The Santander consumer financing -Santander must pay {$65.00} XXXX in restitution to be divided amongst the 33 states and the District of Columbia . Over XXXX consumers across the settlement states will be eligible for this restitution. -You must have a gotten a loan with Santander between XX/XX/XXXX and XX/XX/XXXX this valid information from - https : //www.santandermultistateagsettlement.com/Information-for-Consumers? XXXX and I XXXX XXXX XXXX XXXX live in nc and opened my loan with these guy sometime in XXXX. I definatly qualify but haven't received any notice.
Company Response:
State: NC
Zip: 28461
Submitted Via: Web
Date Sent: 2021-07-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-15
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I've been disputing fraud accounts on my credit report since XX/XX/2021. I keep sending multiple sets of letters to the bureaus and the creditors so the excuse of " we didn't get it '' doesn't happen. Furthermore, each letter is certified mail with tracking and each letter shows signed and delivered and yet the bureaus are still not taking any actions. The accounts are not showing in dispute nor are they removed from my report. The accounts always show up with different name variations and different account number variations and yet the bureaus seem to ignore the trend and let these fraud accounts affect my credit score. I have requested the investigation to be initiated and also verifiable proof to be submitted should the account claim to be mine. Not only have I not received any mail showing the verifiable proofs needed to justify the accounts to be on my report, I haven't even received any letters at all stating the investigations have begun. Per the FCRA and federal law, the process is supposed to be 30 days. 130 days later, I'm still here shelling out money for certified mail with no end in sight and no results to show. This is my last option before I take this up with my lawyers and sue for full compensations and damages incurred. Finally, it seems that when these complaints are submitted, the bureaus are using the excuse that they " can't confirm my identity '' to get away with taking no actions on my credit report. Please investigate this as well.
Company Response:
State: VA
Zip: 22802
Submitted Via: Web
Date Sent: 2021-07-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A