Date Received: 2021-01-09
Issue: Struggling to pay your loan
Subissue: Denied request to lower payments
Consumer Complaint: XX/XX/XXXX Santander called and sent me an email offering to defer two car payments to the end of my car loan. They further advised I would be responsible for the interest due to the deferment. XX/XX/XXXX, I confirmed with the representative there would be no additional payments taken based on the deferment agreement and that any payment pending draft was cancelled. XX/XX/XXXX I electronically signed the deferment agreement, the deferment was for the XXXX and XX/XX/XXXX car payments. My next due date was to be XX/XX/XXXX. On XX/XX/XXXX Santander illegally, drafted my checking account for a car payment {$490.00} This unauthorized draft compromised by bank account, because I have other bills scheduled to be paid, via my XXXX internet services. I am a remote worker from home with my daughter whom attends virtual school due to COVID19. I can't believe Santander would do this ... This is illegal and in violation of the Fair Debt Collection Act deceptive practices. I want this payment refunded back into my back account immediately and I want a letter of apology from Santander, I will also remove my bank account information from their website and at the time I make my car payments I will XXXX XXXX the money or money gram. Santander is required to consider this a cease and assist from drafting my bank account going forward. I have attached the following 1. Signed Deferment agreement showing XX/XX/XXXX and XX/XX/XXXX to be deferred with my next due date of XX/XX/XXXX 2. bank history page which shows the illegal draft {$490.00} taken on XX/XX/XXXX
Company Response:
State: FL
Zip: 32218
Submitted Via: Web
Date Sent: 2021-01-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-09
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: On XX/XX/XXXX I got a response from Santander consumer USA / Chrysler Capital here are some highlights that I would like to address Re : CFPB Case Number : XXXX-XXXX Chrysler Capital Account No. : XXXX Thank you for allowing us the opportunity to address your concerns regarding your account with Chrysler Capital . We regret any inconvenience you may have experienced in trying to resolve this issue. Our customers concerns and experiences are of the Retail Installment Sale Contract ( Contract ) Which contradicts themself as being accurate on their reliable sources report. We are unable to corroborate your statement that Chrysler Capital is ignoring your phone calls, as the last contact we had with you was on XX/XX/XXXX. If further assistance is needed please ensure you are using the contact information provided in this response to reach our Customer Service Department. Can we address this with XXXX XXXX and ask for a transparency report of multiple people reporting that Santander consumer USA and Chrysler Capital are not responding and answering their phone calls and we can bring multiple retweets on social media that your representatives gives us the same number XXXX and still denied to communicate with the problem. Also you in the letter Santander / Chrysler send to me stated : Thank you for you for inquiring about the recent legal settlement that Santander Consumer USA Inc. has made with the attorneys general of several states. An independent administrator is managing all questions and claims relative to the settlement. For information regarding eligibility or other issues regarding the settlement, please visit http : //santandermultistateagsettlement.com. As it also continued to contradict it their company decision to denied their obligations. As stated in the letter send on XX/XX/XXXX Your account is with Chrysler Capital, not Santander Consumer USA XXXX. Therefore, your account was not included as a part of the settlement. When contacting XXXX XXXX : XXXX XXXXis the settlement administrator. I was one of the People that was designated to take part of the settlement. It doesnt matter which company needs to acknowledge that you have an obligation to comply with the final judgment. As in your website and letter head clearly stated XXXX Chrysler Capital. Chrysler Capital is a registered trademark of XXXX XXXX XXXX and licensed to Santander Consumer USA XXXX. Lease agreements are owned by XXXX XXXX XXXX XXXX and serviced by Chrysler Capital. Multi state government have announced that whether its Santander consumer USA/ Chrysler Capital . You are responsible for violating the consumer act and violating your commitment to resolve the violation. Now if we take consideration on examinate Retail Installment Sale Contract Our records indicate the following terms of your Retail Installment Sale Contract ( Contract ) : XX/XX/XXXX It clearly states in the multi state settlement 1.Restitution Who qualifies? You must have a gotten a loan with Santander between XX/XX/XXXX and XX/XX/XXXX Therefore, I qualified. And I am part of the settlement and I have proof of receipt. Another type of relief I qualify for is Deficiency Waivers : Santander is required to forgive the remaining balance on certain loans. Santander will also request that the loans be removed from consumers credit reports. As with Restitution, consumers who qualify for this relief will have to have a certain internal score. a. You got your loan between XX/XX/XXXX and XX/XX/XXXX ; and So I am eligible for this settlement as well and I am part of the settlement. And final the end of the letter Customers receive a 1099-C form when a waiver/debt forgiveness of {$590.00} or more is processed. We are unable to honor your request since this does not apply to your account. But Im getting an Ultimatum letter by Santander consumer USA/Chrysler Capital XX/XX/XXXX Account Number : Collateral : Payoff Amount : Daily Interest : Payoff Through : XXXX {$8000.00} ( This payoff is good for 15 days from today 's date ) {$0.00} XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX To Whom It May Concern : The estimated amount to pay off your account is {$8000.00}, good through XX/XX/XXXX. This payoff amount is subject to a final reconciliation and accounting and may change if there are returned payments or fees assessed on the account within 30 days of this quote. Title will not be released until the account is paid in full. Please be advised that the payoff effective date will be the date we receive the funds. For a payoff sent after XX/XX/XXXX, please add {$0.00} for each additional day. And still Santander consumer USA denies me to take part of any sort of relief and violating my consumer rights. After it was announced by A consent order has been issued by the Consumer Financial Protection Bureau ( CFPB against Santander Consumer USA Holdings Inc. SC for allegedly violating the Fair Credit Reporting Act. The CFPB has ordered the originator and servicer of nonprime auto loans and leases to pay a fine of {$4.00} XXXX to settle charges that it knowingly supplied inaccurate consumer credit data to the three major credit reporting agencies ( CRAs. Per the consent order, between XX/XX/XXXX and XX/XX/XXXX, the consumer loan data that Santander Consumer provided to the CRAs contained numerous systemic errors such as the wrong date when an account first became delinquent, which could have negatively impacted consumers credit scores and their access to credit ... Santander consumer USA/ Chrysler Capital Youre violating your obligations and my consumer protection laws by exposing borrowers with subprime credit into auto loans with a high chance of default. I demand deletion on my 3 or 4 major reports you have report it to now! I will also put a complaint to the office of currency and trade commission if you still violating and still excusing yourself with Chrysler Capital is the indirect lender and assignee of the Contract. The approval of an assignment of any contract, including yours, is based on the information provided to us by the customer and the Dealership. The terms of the Contract were negotiated with the Dealership at the time of purchase. Yet, its still a Chrysler Capital. Chrysler Capital is a registered trademark of XXXX XXXX XXXX and licensed to Santander Consumer USA XXXX. Lease agreements are owned by XXXX XXXX XXXX XXXX and serviced by Chrysler Capital. By yet you state that the dealership XXXX XXXX XXXX and Trade Name ( " Doing Business As ... '' ) : XXXX XXXX XXXX .. Please do your obligations and delete the contract from my credit reports. You repossessed, you sold the car, you got the money. And you violated my rights and still want me to pay off. And not giving me a chance to breathe. Its just mind blowing.
Company Response:
State: CA
Zip: 93552
Submitted Via: Web
Date Sent: 2021-01-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-08
Issue: Problems at the end of the loan or lease
Subissue: Unable to receive car title or other problem after the loan is paid off
Consumer Complaint: At end of paying off auto loan 6 years period and maturity date is XX/XX/2021. Santander stating that I may owe a balance after maturity date when last payment is made etc. Was not informed of this on getting original loan and through conversations with agents epresentatives was told when my last payment made car loan will be paid off. Recently was told because of extensions I received on loan ; would have a balance or balloon payment yet I am paying interest at high rate. Would not even give me any estimate and vague about answering questions concerning the loan pay off.
Company Response:
State: LA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-08
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: There are unknown hard inquiries on my credit reports. Im requested the verification of the inquiries and the method of verification. On XXXX XXXX, 2020, SANTANDER CONSUMER USA, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX add a hard inquiries on my credit reports. But companies did not provide the following proof : Permissible Purpose My written authorization Proof that I personally initiated these inquiries. To my knowledge, I have not signed any documents authorizing your organization to view my credit history therefore, your inquiry into my credit report violates the Fair Credit Reporting Act, Section 1681b ( c ) : Transactions Not Initiated by Consumer.
Company Response:
State: OH
Zip: 45424
Submitted Via: Web
Date Sent: 2021-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-08
Issue: Struggling to pay your loan
Subissue: Denied request to lower payments
Consumer Complaint: On XX/XX/XXXX I purchased a XXXX XXXX XXXX from XXXX XXXX XXXX XXXX financed through Santander Consumer USA. The amount financed was {$21000.00} with a 24.84 % APR for 72 months. As of XX/XX/XXXX I have paid {$5100.00} towards the car loan and have a balance of {$24000.00} ( my balance is {$2900.00} more than my original finance amount ). I have never missed a payment on this loan, but due to the XXXX pandemic had made arrangements with Santander to defer some of the months to the end of the loan to provide financial relief as my income and work had been impacted by the pandemic. On XX/XX/XXXX I went to a XXXX XXXX XXXX to get information on refinancing my loan. At this time the credit union made me aware of how upside down I was on this loan. The informed me that the value of the vehicle is {$13000.00} and in order to refinance I would have to pay the difference of {$10000.00}. After doing some research I realized I had been the victim of subprime lending and that Santander had been in a lawsuit it seems they lost in XXXX about the subprime lending practices they were engaging in. Unfortunately, I was not part of this lawsuit as I just found out about it on XX/XX/XXXX. I called Santander on XX/XX/XXXX to try and renegotiate the terms of the loan as it is difficult to 1 ) pay {$570.00} per month since the pandemic and 2 ) I owe more than I borrowed even after making payments. Santander is unable to negotiate with me and at this time I am seeking some assistance as I am the victim of predatory lending in the midst of a pandemic that greatly impacted my finances.
Company Response:
State: OR
Zip: 97211
Submitted Via: Web
Date Sent: 2021-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-08
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: Company is fraudulently over charging and not applying my extra payments overcharging for account amounts late fees I never had any knowledge of until this day XX/XX/XXXX when I spoke with XXXX who advised there are late fees on my account that have never been satisfied from XXXX, XXXX, XXXX and XXXX despite I have been paying an additional amount of {$50.00} towards my account for the last three years additionally I paid {$1200.00} in XX/XX/XXXX and on my due date for XX/XX/XXXX the statement amount owed is {$410.00} when my actual amount due per month is {$350.00} despite the pandemic and my XXXX I am being XXXX for money I do not have and violated as a consumer I need this investigated
Company Response:
State: NJ
Zip: 08080
Submitted Via: Web
Date Sent: 2021-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-08
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Santander should not be reporting to XXXX and XXXX a chargeoff in the amount of {$1100.00} on the SANTANDER CONSUMER USA partial account number XXXX. ( Please see page attached from my credit report. ) I had XXXX insurance at the time and the claim was paid in full. There is no outstanding balance due and therefore there is no collection/chargeoff to report. ( I have attached a copy of the check from XXXX for {$6100.00} dated XXXX along with a letter confirming the payment from XXXX XXXX dated XXXX. ) This false reporting of a collection/chargeoff is seriously harming my credit score and this line item needs to be removed from my credit report. It is a violation of the Fair Credit Reporting Act to not report accurate information on a credit report. I have contacted Santander as well as the bureaus to fix this however, I have not been successful.
Company Response:
State: TX
Zip: 78704
Submitted Via: Web
Date Sent: 2021-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-08
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: Account name : Santander/Chrysler cap Account number : XXXX First in 2015 it is reported that i have a full year with on time payments yet shows on my credit profile that it was 30 days late XXXX of 2015. Second : it was reported that the balance was {$4000.00} but the principal was {$2900.00}. It also shows that the account was written off for {$4000.00} but the past due amount was {$4600.00}. Lastly it shows that the highest balance is {$0.00} on the same account.
Company Response:
State: NY
Zip: 11710
Submitted Via: Web
Date Sent: 2021-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-06
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: The week of XX/XX/XXXX, I spoke with a representative at Santander Consumer USA regarding a large payment onto my automobile loan. I explained to the representative the payment was for any late fees, current month payment in future payment. I explained that the payment was going to be in the next couple days and he told me he was going to notate the account. On XX/XX/XXXX, I called back to make the payment. I tried to make the payment for {$4200.00} one-time and the representative told me the payment had to be split into 2 payments. The payment was successful. In XX/XX/XXXX, I was checking my credit report and noticed I was reported for a late payment. When I called the automated system said no payment was due. When trying to reach a representative the wait time was extremely long and was locked out of my online account. I spoke to a representative today ( XX/XX/XXXX ) and I explained what happened. He acknowledged it was a mistake on Santander behalf and the previous representative did not apply my payment to the future payments and it was entered incorrectly. The payments went to the principal balance of the account. He requested for the balance to go towards the balance and to call back in 2-3 days to see the outcome.
Company Response:
State: NJ
Zip: 07304
Submitted Via: Web
Date Sent: 2021-01-06
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-01-06
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I have sent letters to XXXX, XXXX and XXXX and investigation took well over 30 days.
Company Response:
State: CA
Zip: 95207
Submitted Via: Web
Date Sent: 2021-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A