Date Received: 2021-05-20
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: On or about XXXX XXXX after my car was repossessed by my lien holder who never disclosed as a debt collector I looked into my XXXX XXXX account for my credit report as both XXXX and XXXX both regularly update my history my score and my report and I saw where it says XXXX loan and it identified as the number XXXX and then under account closed as a charge off and a write off as of XX/XX/XXXX account closed profit /loss and last payment made XX/XX/XXXX And no derogatory remarks and no collection marks So I proceed to call Santander consumer the lien holder/debt collector and ask how is it that they are able to use a car as security on a debt that doesnt even exist? They were adamant about it being a charge of and said itd just the credit bureaus!! So Im not understanding what he means by this did i miss something? I was just informed that he told me that the debt was reported to the shareholders of the company, Im not making this up, and the shareholders are writing it off as a loss of a unfulfilled contract. So Im assuming that since they made the loss a tax deductible loss and the debt no longer exists Im not so sure that I have had my property seized legally and then why on XX/XX/XXXX I dispute the bureau both of them on my credit karma account and find five days later the disputes have been remedied and the result was exactly the same thing, yet on XX/XX/XXXX I was really not happy to see my XXXX credit report that showed my Santander account to be delinquent not just once in XXXX but 2x yes on XX/XX/XXXX and on XX/XX/XXXX both were reported as delinquent and no charge off no recovery no bad debt last payment XXXX. I have made XXXX $ in payments to that account since XX/XX/XXXX and Ive yet to receive not one call from any debt collection agency not even one! So they told me themselves that they are the one who is collecting the debt yet they say that they already reported it as a loss to their shareholders! And some times when I call them they identify as an attempt to collect a debt and sometimes they dont! So how do I know which one Im talking to? And even since my dispute on my own behalf the reports have made no more change
Company Response:
State: IN
Zip: 46112
Submitted Via: Web
Date Sent: 2021-05-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-21
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am in disagreement with the items listed below which still appear on my credit report, even after your Investigation. I would like these items immediately re-investigated. These inaccuracies are highly injurious to my credit rating.
Company Response:
State: NY
Zip: 11510
Submitted Via: Web
Date Sent: 2021-05-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-20
Issue: Problems at the end of the loan or lease
Subissue: Problem with paying off the loan
Consumer Complaint: SANTANDER IS A CREDITOR I AM DISPUTING IN WHICH HAS BEEN DELETED FOM MY XXXX AND XXXX. I HAVE BEEN DISPUTING CURRENTLY WITH XXXX AND HAVE BEEN GIVEN THE RUN AROUND. AS THEY'VE EVEN STATED AT ONE POINT THERE WASN'T A SATANDER ACCOUNT. NOW THERE STATING SANTANDER NEEDS TO NOTIFY THEM OF A DELETION. THIS IS A COMPANY IN WHICH IS BEING SUED AND HAS MULTIPLE LAWSUITS AGAINST THEM. THE LOAN WAS INTIALLY SIGNED UNDER DISTRESS AND FOR A CAR THAT ISN'T WORKING DUE TO THE CAR DEALERSHIP DOING A DEAL FOR A FAULTY VEHICLE. THIS HAS BEEN VERY STRESSFUL AND SATANDER HAS BEEN DELETED FROM MY HUSBANDS REPORT SUCCESSFULLY. I HAVE SENT THE BUREAUD FTC COMPLAINTS AND I HAVE ALSO WORKED WITH A CREDIT REPAIR COMPANY TO FIX THIS ISSUE. THIS XXXX SANTANDER ACCOUNT IS HOLDING MY LIFE BACK AS I AM A ELDERLY PERSON.
Company Response:
State: FL
Zip: 346XX
Submitted Via: Web
Date Sent: 2021-05-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-20
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: XXXX I saw that CHRYSLER CAPITAL was still reporting a derogatory mark on my credit report per XXXX XXXX XXXX XXXX Upon further research, this account was transferredXXXXsold and I am no longer responsible for the account, debtorXXXXcreditor did not verify this collection, also there was no written form of communication, contract or signature for this accused debt at all. According to the FCRA XXXX collector name XXXX has violated my rights as a consumer and Im requesting legal action to remove this account immediately. I was a victim of identity theft and have submitted my information to the company several times in order to resolve this issue.
Company Response:
State: NV
Zip: 89031
Submitted Via: Web
Date Sent: 2021-05-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-20
Issue: Managing the loan or lease
Subissue: Problem with fees charged
Consumer Complaint: I am a victim of Santander Consumer USA 's poor business practices. I received a loan from them in XXXX of 2012. Account # XXXX. They charged me improper fees and used from a scoring system that I didn't understand. They also made harassing phone calls during the life of my loan and did not execute proper protocol when they repossessed the car. Currently, they are reporting on my credit report as a charge-off, with various errors on each bureaus report. I've disputed this information several times at no resolve. They have violated several laws including, Truth in Lending, FCRA 15 USC 1692 ( g ), and FDCPA. They were deceptive and abusive in collection practices and honestly I should probably be seeking damages.
Company Response:
State: LA
Zip: 70122
Submitted Via: Web
Date Sent: 2021-05-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-20
Issue: Struggling to pay your loan
Subissue: Lender trying to repossess or disable the vehicle
Consumer Complaint: THIS IS NOT A DUPLICATE COMPLAINT, I AM ADDING MORE INFORMATION TO MY PREVIOUS COMPLAINT, Santander has attached only one part of the contract. These are the laws and the things with proof of my documents that Santander USA has put me and probably several other Ohioans through. You will see in the documents that I have supplied that there is a footnote or a stipulation on the bottom of the page7, that Max backend allowed is {$2900.00}. Backend allowance can not exceed product maximums ( spelled exactly like that ). This allowed me to do research on my own studying the Ohio law that were subsequently violated : Business Opportunity Purchaser 's Protection Act ( 1979 ) ORC 1334.01 Consumer Sales Practices Act ( 1972 ) ORC 1345.01 Section 1345.02|Unfair or deceptive acts or practices In a typical auto-financing transaction, car dealers attempt to maximize the profits they earn on the front-end and back-end of an individual deal. The front-end of a transaction involves the negotiation of a sales price, whereas the back-end refers to the negotiation of ancillary products included as part of the financing of the purchase of the vehicle. Even when acting as an indirect auto lender by purchasing installment contracts from dealers, Santander has significant control over the extension of credit or financing of a transaction, including the back-end of a transaction, such as whether to purchase a contract that includes guaranteed-asset protection ( GAP ) insurance, a GAP waiver and/or a service contract. As part of my auto finance through Santander, I was told I had to have two different service contracts that included Wrap OEMO/CPO, on pages 16 and 17 these items are shown. With interest rates in the amount of 20.73 %, increasing my interest rate 2 % more than stated on the decision page ( p.7 ). Through its credit policies, Santander asserts control over the amount dealers can include in the back-end. The generous allowances for dealers on the back-end have facilitated Santander obtaining more market share, but those same large back-end charges expose consumers to increased risk in at least two ways : 1 ) significant back-end charges increase the overall amount financed, which increases the loan-to-value ratio on the loan ; and 2 ) high finance costs increase either the consumers monthly principal-to-interest ratio or increase the term of the loan. Santander is aware that these loan features contribute to deteriorating loan quality but continues to make these loans or purchase the underlying installment contracts. Santanders aggressive pursuit of market share led it to underestimate risk associated with loans with stated income and expenses. Although Santander has sophisticated models that forecast consumer default, Santanders policies with respect to stated income and expenses allow it to underestimate default risk in important ways and to purchase loans from consumers who are unlikely to be able to pay for their loans. Santander also fails to meaningfully monitor dealer behavior such as my own to minimize the risk 5 of receiving falsified information, including the amounts specified for consumers income and expenses. One area where Santanders lack of verification as part of its underwriting, I was never once asked to prove my income, I see on documents that states that I own my house outright. I have lived at this same address for almost 10 years, I have never held ownership of this home, nor does it state that I have any real property on my credit report. At the time of my purchase my six sons were not accounted for my monthly debt -to- ratio. As stated on page 7, only my backend PTI was accounted for, which would be my insurance payment on the car I had prior, being only {$130.00} per month ( getting a new sports sedan doubled my monthly insurance ) and the car note that Santander assigned to me in the amount of {$510.00} totaling {$650.00} per month, only putting my DTI at 24.1 % which was not accurate. My DTI was over 45 % percent at the time of this loan agreement. I am asking for you to step in and assist with everything stated, all my documents support my complaint that I have originally submitted to the Ohio Attorney Generals office. As I stated that this is not an isolated issue, conducting research on this very topic, there are over 1052 complaints on BBB stating how they have made several payments, and none seem to go towards their principle. I have personal paid {$15000.00} towards my car, even though there was to be a set percent of interest, the same amount monthly was not applied towards the principal and interest, looking at the documents attached, you will see that the amount is more that 20.73 %. In addition to my research, I have read that Santanders known practice is seeing the consumers borrowing history and features of the loan the consumer has applied for ( such as loan-to-value ratio, debt-to-income ratio, payment-to-income ratio, mileage, and term ) and generates a probability that a consumer will become severely delinquent during a particular window of time within the term of the loan. I personal became delinquent with my loan within eight to ten months of the beginning of my loan. This probability then is converted into a scaled score on a proprietary, FICO-like scale. Due to the model Santander continues to use, this indicates how likely I the consumer would go delinquent within that window of time within the term of the loan. Santander is also said to use a separate model to predict how likely a consumer with a given proprietary score will default over the full life of the loan. This would allow Santander to tell the consumer to give a large lump sum of a payment to save their car from being repossessed and not disclosing that almost the entire amount of that payment would go towards interest and not towards the actual principles of the car, which I have done a total of five times. In June of 2020 I paid a large payment, in the amount of {$1300.00} and another payment of my actual payment amount. Close to {$700.00} went towards interest. On the day I made the second payment in XXXX, my payoff balance was set at {$12000.00}, I remember that amount because I felt I was so close to having this car paid off, a week later I received a letter which is attached that the amount shot up to {$16000.00}, the exact amount that is on one of the documents that is in the documents that are attached. I hope that the information helps with my pursuit to show that Santander is no better than a payday lender and they in fact are a predatory lender and hurt more than they help. I also want to add that I was told to lower my payments I would need to have my car refinanced, do to my debt to ratio and missed payments with Santander and the high payoff amount, that was not going to happen. Please note when I speak of page 7, I am speaking of the first pdf file named XXXX XXXX Thank you,
Company Response:
State: OH
Zip: 454XX
Submitted Via: Web
Date Sent: 2021-05-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-20
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: Ever since I learned about the class action lawsuit against Santander Consumer USA I havent been able to get any information from Santander. Every representative I talked to treated the class action lawsuit as a states secret. Time and time again Santander representatives told me the only thing they could do was refer me to the settlement page, https : //santandermultistateagsettlement.com/Information-for-Consumers. According to Santander representatives, this page would tell me everything I needed to know. I read the information on the above website from top to bottom. I learned that I purchased my vehicle during the exact time frame of Santander 's nefarious activity. This information only explained there was a lawsuit resolution and criteria but gave no other information a consumer could act upon. The company listed is XXXX XXXX XXXX XXXX, so on XX/XX/2021 I gave them a call. I learned from a XXXX XXXX representative that they were merely the company that distributed the funds and that was it. They knew nothing of my account or formula Santander used to determine consumer eligibility. The multiple Santander representatives I talked to all gave me knowingly false information. All I wanted to know was if my account qualified and if not, why. I asked on numerous occasions for my internal score they used to XXXX on my ability to repay my loan but either the representatives didnt know, couldnt tell me or stated they didnt have to tell me. Heres a list of the times I called and talked to a Santander Representative : XX/XX/2021 @ XXXX for 2 mins 14 secs XX/XX/2021 @ XXXX for 1 min 37 secs XX/XX/2021 @ XXXX for 7 mins 12 secs XX/XX/2021 @ XXXX for 25 mins 33 secs XX/XX/2021 @ XXXX for 1 min XXXX secs XX/XX/2021 @ XXXX for 1 min 38 secs XX/XX/2021 @ XXXX for 53 mins 26 secs XX/XX/2021 @ XXXX for 4 mins 55 secs XXXX XXXX, XXXX @ XXXX for 39 mins 5 secs XXXXr XXXX, XXXX @ XXXX for 24 mins 21 secs XXXXr XXXX, XXXX1 @ XXXX for 10 mins 19 secs During every call I was told the EXACT same thing each which was : Santander doesnt decide whos eligible, the contact on the settlement agreement would be able to answer my questions - basically they were uninvolved and were so sorry they couldnt help me. I felt I had no recourse even though I knew they were lying to me. Asking for my internal score fell on deaf ears. I finally told the Santander representative that despite them telling me XXXX XXXX or Virginias Attorney General knew all of my account information and made decisions based on whos eligible under the settlement that I know for a fact they werent telling me the truth. I told them I know they, Santander, were the ones who determined which consumers were eligible and no one else and they were the only ones privy to consumers internal scores and they needed to stop referring me elsewhere. I finally demanded that I had to know what was in my account record and wanted to talk to someone who could help me. I was finally given additional information on XX/XX/2021. I was told to write to the following address, Santander Consumer USA, Credit Bureau Dispute, XXXX XXXX XXXX, XXXX XXXX, TX XXXX. I was to write a letter explaining my concerns, request my internal score and loss forecasting score. After writing the letter to Santanders Credit Bureau Dispute office, I received a letter titled Notice of Right To Cure Default and Requirement of Strict Compliance dated XX/XX/2021. I actually called Santander about it because Id not received a letter like this from Santander before. During previous conversations Id been told by Santander representatives that Im in no danger of having my vehicle repossessed as long as I do not exceed 90 overdue. I was not over 90 days overdue when they sent me this letter. On XX/XX/2021 @ XXXX I talked to a Santander representative from the credit dispute office. They denied everything I requested. I truly felt defeated. Filing this complaint is my only way to find out the truth and gain transparency. I'm sure Santander will boast of how they've allowed the skipping of payments to give 'some ' financial relief. In reality all Santander has done is give consumers a very small reprieve in the short term - not asking when they think their financial situation will change. On top of that, consumers will possibly end up in the same financial situation the following month. I used this 'relief ' twice to clear up back payments. I felt horrible afterwards because as I talked to a Santander representative I mentioned I'd taken advantage of it twice, she argued with me and told me I did the process seven times. It was irrelevant I had the two emails with the contracts.
Company Response:
State: VA
Zip: 23518
Submitted Via: Web
Date Sent: 2021-05-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-20
Issue: Incorrect information on your report
Subissue: Information is missing that should be on the report
Consumer Complaint: I have an auto loan with Santander Consumer USA on XX/XX/XXXX. I unfortunately had to declare bankruptcy in XXXX, XXXX. I signed a reaffirmation agreement on XX/XX/XXXX with Santander stating I would continue making my regular monthly auto payments to Santander Consumer USA. My bankruptcy case was XXXX XX/XX/XXXX. One week ago, I tried to refinance my car in order to get a lower monthly note. Upon finalizing the deal, the lender told me they could not finish the loan due to the fact that Santander has NOT reported ONE single payment after my bankruptcy to any of the three credit reporting bureaus. I called my attorney, she re-sent me the Reaffirmation paperwork, I called Santander Consumer USA back and told them they were obligated to report my monthly payments to the credit bureaus and they told me, after speaking with the manager on duty, they did NOT and would NOT ever be reporting any payment of mine since the discharge nor any future payment I made. I asked what my options were and they told me : I have one option ... pay the entire loan off. What a XXXX auto loan company ... that IS against the law and I want to know what you will do about it since I see there are MANY unhappy customers who have also been screwed over by Santander XXXX. This is grounds for discrimination, defamation of character and surely an FCC violation and fraud! Please teach Santander Consumer USA a valuable lesson so they do not have the chance to hurt other vulnerable blue-collar workers just trying to take care of themselves and their families, please.
Company Response:
State: LA
Zip: 70458
Submitted Via: Web
Date Sent: 2021-05-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-19
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I am filing a complaint against my auto servicer Santander. Santander the servicer of my auto loan has not allowed me access to any of my payment records and or billings statements ever since I filed a complaint with the State of Michigan Attorney general in XX/XX/XXXX. Since that date I have not received any payment statements or any records regarding the amortization, principal balance, interest, payoff amount or statement of when my monthly payments are due. The servicer of my loan is responsible for informing their consumers in a timely manner about fees, penalties and charges assessed on their loans. I have since been denied that right. Additionally Santander has since recently reported a late payment which adversely affects my credit reporting. The servicer, Santander has not provided me with any current or periodic billing statement they have not conspicuously identified payment requirements, payment allocations and have not notified me of any fees and or charges. Santander is in violation of Regulation Z act 1026.18 ( c ) paragraph 18C ( 1 ) ( 1 ) in which they have not provided me with any detailed billing statements detailing the amounts credited to my account. Santander in their refusal to send me any billing statements even after I have requested monthly billing statements violated the Fair Credit Billing act. As a consumer I have the right to have the ability to check my billing statements for mistakes and as a result of this practice it has adversely affected my credit. Per my conversation with Santander they have the correct billing address to send my statements are are required by law to be sent to me to notify me of my up coming bill and payment dates. Additionally in XX/XX/XXXX after filing a dispute with CFPB Santander had agreed to remove the one late payment that I had incurred due to the extension. They had sent me a letter stating that they would remove the late payment from XX/XX/XXXX via their encrypted web portable but have since denied me access to be able to download and send that letter to the credit reporting agencies to have that payment removed. Santander is continuing to act with the same deceptive practices that caused them to settle their class action suit. And with their deceptive practices my credit is has now been damaged. In their previous litigation Santander has been found at fault for confusing and misleading consumers about the cost of partial payments and or extensions on loans to which I am not a current victim. Failing to provide me with monthly statements or notices of charges and then reporting late payments to credit reporting bureaus should be investigated again by the CFPB. Santander has already ben found at fault for not accurately reporting consumers on XX/XX/XXXX according to your CFPB article that is attached. I am demanding that CFPB require that Santander remove all late payments from all three credit reporting bureaus. Santander failed to accurately remove the late payment they had agreed to remove in XX/XX/XXXX for the payment that was put under deferment. These violations of the FCRA and Regulation V also constitute independent violations of the Consumer Financial Protection Act ( CFPA ), 12 U.S.C. 5536 ( a ) ( 1 ) ( A ). Under 1053 and 1055 of the Consumer Financial Protection Act of 2010 ( CFPA ), 12 U.S.C. 5563, 5565, the Bureau issues this Consent Order ( Consent Order ). Section 605 ( a ) ( 5 ) of the FCRA requires that negative information such as late payments must be removed from a consumers credit report after that information is seven years old. 15 U.S.C. 1681 ( a ) ( 5 ). The date by which such information must be removed is determined by the date on which the account first became delinquentthe date of first delinquency. This provision allows consumers to rebuild their credit following a long period of delinquency. Therefore, Santander violated section 623 ( a ) ( 2 ) of the FCRA, 15 U.S.C. 1681s-2 ( a ) ( 2 ). Respondent failed to establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that it furnished to CRAs Thank you XXXX XXXX
Company Response:
State: MI
Zip: 48322
Submitted Via: Web
Date Sent: 2021-05-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-05-19
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: On XX/XX/21, a credit consumer transaction took place at XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, TN XXXX ) where I, XXXX XXXX, used my credit card ( ss # ) to sign a promissory note in the form of an installment " contract '' in which the 1ST lien holder, SANTANDER CONSUMER USA, took a security interest. During the transaction, XXXX XXXX, explained that I, XXXX XXXX will receive an " auto loan '' ; however, according to XXXX, I am the authorizer of this promissory note. Therefore, as a result, there was no " loan '' involved during the credit consumer transaction. Pursuant to 15 USC 1635 ( a ) -- as a consumer, I have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. On XX/XX/21, I, XXXX XXXX with notarized administrative process sent certified mail receipt ( XXXX ) to SANTANDER CONSUMER USA XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX ) to no avail and no return. Furthermore, there were numerous Federal Consumer violations within the said, " installment contract '' which are attached with invoice with affidavit. Not to mention, SANTANDER CONSUMER USA sent a bill. The document is misleading because I, XXXX XXXX have no obligation and can not pay a debt with a debt ( Federal Reserve Notes ), Pursuant to 18 USC 8 -- It reads -- The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps I, XXXX XXXX, the natural person do not owe a debt. SANTANDER CONSUMER USA, has been harassing me, the natural person about collecting a debt via phone ( leaving voicemails ), emails and mail Pursuant to 15 USC 1692c. ( c ) -- I notified in writing to SANTANDER CONSUMER USA on XX/XX/21 that I refuse to pay this alleged debt, and I am demanding to cease all forms of communication with me, the natural person through any and all mediums. Attached are screenshots of calls and emails. Additionally, are listed below employee ID # XXXX from SANTANDER CONSUMER SERVICING DEPARTMENT AUTO FINANCE COMPANY in correspondence to the call : ID # : XXXX - XX/XX/21 - XXXX CST ID # : XXXX - XX/XX/21 - XXXX CST ID # : XXXX - XX/XX/21 - XXXX CST ID # : XXXX - XX/XX/21 - XXXX CST ID # : XXXX - XX/XX/21 - XXXX CST ID # : XXXX - XX/XX/21 - XXXX CST ID # : XXXX - XX/XX/21 - XXXX CST ID # : XXXX - XX/XX/21 - XXXX CST ( XXXX OFFICE - XXXX XXXX
Company Response:
State: TN
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-05-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A