Date Received: 2021-05-30
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: Hello, I have tried reaching out to this company several times with no resolution this company is reporting incorrect information to my report and refused to remove the account and they are in violation of the FCRA which in return I will have to continue to pursue further action. I hope this company is aware of the many fines they can receive and cost of this false reporting. If you take a look at the last statement on their website and what they are reporting the information is not correct. Also, I have never received anything in regards the sale of this vehicle which is in my right to do so and was never notified in writing of when it would be sold which is also my right. This company needs to provide proof of this information.
Company Response:
State: CA
Zip: 91739
Submitted Via: Web
Date Sent: 2021-05-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-30
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I am aware of my rights as a consumer and it has been brought to my attention that my rights have been violated with this company in the past. I have been violated under the Fair Debt Collection Practices Act ( FDCPA ), Fair Credit Reporting Act ( FCRA ), The Truth In Lending Act ( TILA ), and the Fair Credit Reporting Act ( FCRA ). For years I made payment towards this debt when in fact I did not owe. I am the original creditor. Santander is not the original creditor. Santander is a debt collector 15 U.S.C. 1692a ( 6 ), any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another ). I extended my credit and filled out and submitted a credit application to create this debt. I used my credit card number on the credit application. Credit from my open-end credit plan funded this consumer credit transaction. Unauthorized use occurred as defined in 15 U.S.C. 1602 ( p ), ( as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. ). For years I continuously made payments towards a debt that was already paid yet was harassed, threatened with late fees, potential repossession as a result of missed payments, etc. At the time I created the debt my name was different. I have since had a legal name change. So the account associated with my SSN will reflect my former name. I am enclosing a copy of a credit report which shows Santander reporting. I paid the entire {$10000.00} balance in full. If this matter is not resolved I will have no other choice but to file a civil suit against XXXX in Federal Court for discrimination under the Equal Credit Opportunity Act because I am exercising my consumer rights under this chapter. Pursuant to 15 U.S.C. 1691 ( a ) ( 3 ), ( It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transactionbecause the applicant has in good faith exercised any right under this chapter. ). I look forward to your full cooperation in this matter.
Company Response:
State: TN
Zip: 37388
Submitted Via: Web
Date Sent: 2021-05-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-27
Issue: Managing the loan or lease
Subissue: Loan sold or transferred to another company
Consumer Complaint: Santander, the servicer of a car loan I cosigned with my brother, was contacted on/around XX/XX/XXXX with a request to produce the original loan agreement for the purposes of recovering payment expenses from the primary owner and operator. Was informed that I ( who was supposed to be the cosigner at the time the loan was initiated ) was listed as the primary borrower, which draws into question the validity of this loan. Agent informed me it was sent out via mail and email. I never received the Original loan agreement. I asked them 6 more times over the course of the six months to provide the document, each time being assured that it would, and that the previous mailings had gone out. Each time I confirmed my present address and email address. As of XX/XX/XXXX my matter/account was moved to the administrative offices of Consumer Finance at Santander. Management restated that all the times I had called something had been sent via email and mail ( neither of which would fail 100 % of the time ). XX/XX/XXXX I was promised a direct email with the loan attached to it from the company email and a follow up call from the person I was speaking to in the administrative office. Neither came to fruition. Their failure to provide the requested document has caused and is causing financial harm as it is inhibiting my ability to recover funds that the loan servicer demands be paid every month. On XX/XX/XXXX I contacted them one last time and was told that they did not in fact have the loan documents and that nothing was ever sent out. This seems like a clear abuse of consumer rights and is unacceptable.
Company Response:
State: ME
Zip: 040XX
Submitted Via: Web
Date Sent: 2021-05-27
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-28
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I was looking through my report and noticed a vehicle that I returned to the dealership where it's reporting completely incorrect. I had the opportunity to talk to several lawmakers and friends, and learned some basic laws in regards to voluntary or repossession of a vehicle. Under the laws of MASS and UCC 9.506 as well as State RISA and MVISA statutes, a deficiency can not be claimed unless all of the required notices were properly and timely given, and all of the allowable redemption and cure time limits were adhered to. PLEASE HAVE THEM IMMEDIATELY REMOVE
Company Response:
State: MA
Zip: 027XX
Submitted Via: Web
Date Sent: 2021-05-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-28
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I previously filed a complaint on Santander Consumer USA for not complying with FCRA regulation in regards to reporting to credit reporting agencies they maintain under my SSN. Although they have provided insufficient information through CFPB, they have failed to respond to additional information I have requested via Certified Mail such as : - Not applying payments to the original amount financed - Incorrectly reporting the terms of the loan agreement to credit reporting agencies - Refusing to change my address on file - Not responding to my request for information in regards to the repossessed automobile I financed with them as per the State of California and UCC 9.506 as well as State RISA and MVISA statutes, as stated : " a deficiency can not be claimed unless all of the required notices were properly and timely given, and all of the allowable redemptions and cure time limits were adhered to. '' I have allowed them plenty of time to respond to my letter certified mail to them on XX/XX/2020 considering the difficulty they may have faced because of the current Pandemic situation, however, I have not received any updates.
Company Response:
State: CA
Zip: 902XX
Submitted Via: Web
Date Sent: 2021-05-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-27
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: HELLO, THE AUTO LOAN ACCOUNT WITH SANTANDER SHOWS IT HAS BEEN SOLD TO ANOTHER AGENCY HOWEVER SANTANDER IS IN VIOLATION OF THE FAIR DEDT CREDIT ACT BECAUSE THEY NO LONGER HAVE THE ACCOUNT AND THEY SHOULDNT BE REPORTING THIS ITEM. ATTACHED IS THE LETTER MAILED OUT.
Company Response:
State: NC
Zip: 27288
Submitted Via: Web
Date Sent: 2021-05-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-27
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I have a loan with SANTANDER CONSUMER USA, and I have always made my payments on time. For some reason, I realized that there was a late payment on my credit report, I called SANTANDER CONSUMER USA and they said their system mistakenly put me on paperless billing, which I did not request, and it caused me late account posting error. As you can see, I have always had a stellar payment record. I tried contacting XXXX, XXXX, XXXX and SANTANDER CONSUMER USA with no successful resolution.XXXX XXXX and XXXX reporting me having late payments. There was an error on their part. I was never late.
Company Response:
State: FL
Zip: 33176
Submitted Via: Web
Date Sent: 2021-05-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-27
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I have an auto loan with Santander USA and currently waiting for a total loss insurance check to be applied to my account in the amount of {$10000.00}. Since the origination of the loan in XX/XX/XXXX I have never had a missed or late payment. My last statement from Santander USA dated XX/XX/XXXX listed the total amount outstanding as {$13000.00}, the status of my account was current, {$0.00} past due. On inquiring via the Santander website XXXX if the insurance check had been applied to my account I instantly noted that my account shows past due in the amount of {$1200.00} which includes late and interest charges and shows the last payment being received/posted to my account on XX/XX/XXXX, XXXX. My Account transaction history clearly shows payments of {$440.00} made and posted on XXXX and XX/XX/XXXX. The transaction history also shows 2 seperate transactions dated XX/XX/XXXX removing/reversing 2 payments of {$440.00} and the balance owed on my account as of XXXX is {$13000.00} Santander USA 's explanation is that both payments have been removed so that the insurance check can be backdated to XX/XX/XXXX ( date of total loss ) and the payments will be reapplied. I have never heard of an accounting practice that would require payments physically posted to an account to be removed to retroactively apply {$10000.00} insurance check. This action has effectively places my account into a delinquent status until some future date when Santander USA decides to post the insurance check. Addtionally, Satanders action falsely records my account as delinquent and I am truely concerned this will have a derogatory impact on my credit status with credit bureaus. I strongly believe this action is unethical at best and fraudlent at worst. I can only see the reasoning to remove posted payments to manipulate the true balance of my account for Santander to charge the maximum interest it can recover.
Company Response:
State: FL
Zip: 320XX
Submitted Via: Web
Date Sent: 2021-05-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-27
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: On XX/XX/XXXX I called Chrysler Capital after receiving a bill in the amount of {$620.00}. This was due after my car was totaled. I did have Gap insurance but apparently it did not pay off my car. After a few months they charged off this bill and reported it to the credit bureaus. It has been a few years since the car was totaled. I just received another bill. When I called I made a settlement with the woman I spoke to for {$300.00}. She gave me a number to call to make the payment and told me that when I do this it will say the whole amount but will only charge my card {$300.00} per settlement. It charged me {$750.00}. I called back right away and was told the payment was cancelled. A few days later after checking my bank account it was not cancelled. I called back and was told they couldnt cancel the payment. They wanted me to send them my bank statement to prove that it cleared the bank. I told them I was not comfortable sending them my bank statement. I went to the bank and got a letter from them stating that the payment had posted and cleared my account. When I called back to see if they got the fax they said I sent it to the wrong number and gave me a different number. I asked to speak to a supervisor and was put on hold for a long time. I have the settlement and the letter from the bank saying what was posted. I am getting the run around every time I speak to someone there.
Company Response:
State: CT
Zip: 063XX
Submitted Via: Web
Date Sent: 2021-05-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-26
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: I sent Santander consumer USA a right to rescind affidavit pursuant to 15 USC 1635 on XXXX rescinding the consumer credit transaction between the legal fiction and their company. The rescind was within the proper timeframe that federal law provides, which explains I can rescind any transaction before the third business day at midnight as long as I had intentions to do so. My intent to rescind before the third business day of the transaction was certified on the XXXX of XXXX which was the third business day of the transaction, see Cfpb receipts # XXXX. The company did respond to my affidavit but never rebutted the affidavit point for point under the penalty of perjury pursuant to 12 CFR 1102.33 ... according to 15 USC 1635 ( b ) ... 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Next Santander sends me a bill with many fdcpa violations. First the contract was rescinded within the proper time. So any bills are fictitious instruments to collect on a rescinded transaction. Again a affidavit was sent addressing the fdcpa violations which under federal law a affidavit has to be rebutted point by point pursuant to. Again Santander failed to rebutt my affidavit point by point within the allotted 30 days. Notice of defaults with opportunity to cure were sent for both affidavits that they never rebutted. Santander has completely ignored both my affidavits, and proceeded to send me a notice threatening me with repossession and further damaging my consumer credit report. I sent Santander an estoppel by acquiescence regarding the account # XXXX For failure to properly respond/ failure to rebut either of the affidavits Point for point within 30 days. Ive seeked a declaratory judgement through notary public. If this account isnt handled properly I will take the matter to federal court.
Company Response:
State: TN
Zip: 38017
Submitted Via: Web
Date Sent: 2021-05-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A