Date Received: 2020-04-07
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: Santander USA reposed the XXXX XXXX XXXX that I purchased almost 8 years ago. Santander sold the car for XXXX buck when it was worth at least {$5500.00}! I cant buy another car because this continues to show up on my credit after 7 years. I've disputed this multiple times on all 3 bureaus and they basically told me its 7 years from when I defaulted not 7 years from when it was opened. I also let them know that the dollar amount was wrong and to no avail. I'm tired of a 7 year problem keeping me from buying a new car. I'm a XXXX XXXX XXXX Veteran and this is not fair
Company Response:
State: NC
Zip: 28451
Submitted Via: Web
Date Sent: 2020-04-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-04-06
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Hello CFPB, Please help! In short : I was never notified by Santander Bank that a car loan I cosigned was not paid. As you know, under current law the bank was required to notify me if there was any debt that I am co-responsible for that is not being paid. I would have been happy to help pay this debt, but I was never told. Never. And despite repeated requests Santander Bank has been unable to show me that they ever notified me. As a result, a negative credit action has been made on my report. I have asked Santander Bank to remove it and I will concurrently repay any debt owed. I'm happy to, but they must agree to remove this negative action from my credit report, as I was never aware of it. Again Santander Bank never notified me that any debt was owed, as they are required to do so under the Dodd-Frank Act. CFPB : I ask that you please require Santander Bank to request of the credit agencies to remove the negative collection action on my credit report and I will happily pay any debt owed to Santander Bank by my co-signer to the car loan. Seems like a pretty reasonable request and it's the law! I am unable to get a home loan because of this unscrupulous action by Santander Bank. Please help!! More Background ( see attached as well ) : I cosigned a car loan for a friend of mine back in XXXX of XXXX. My friend, unbeknownst to me, was unable to make his car payments in XXXX and the bank in question, Santander Consumer USA, reported a debt collection on my credit and NEVER notified me. I have asked Santander to prove they tried to notify me and they have been unable to do so. They are required to notify me under the Dodd-Frank bill of impending debt reporting. I would have been happy to pay off the car loan if they had reached out! In fact, in the past Santander has called me a couple times when my friend missed a monthly payment, and I was able to call him and have the payment sent to them immediately. They have my phone number and address. If I was told by Santander that there was a problem I would have handled it, after all, that's the purpose of a cosigner. Unfortunately Santander rushed to report an unpaid debt and collection on my credit report, which is the first time I found out I had a debt collection!!! I was in the midst of buying a house and I was denied the loan because of the debt collection that I had no idea of. I immediately called Santander and offered to pay the debt off. The only thing I asked, and still am asking, is that because they never, not once, notified me that a debt was owed and was going to collections, that they request it to be removed from my credit report. Unfortunately Santander has refused, even if I repay the debt, to request of the credit rating agencies that it be removed from my credit report as a mistake. Please help me! Having this collection on my credit report has grossly affected my ability to get a home loan build wealth and I have incurred immense legal fees. I have hired a lawyer, who has sent them repeated requests citing the notification laws, asking them to own up to their mistake and ask the credit rating agencies to remove the debt from my credit report as a mistake. If they do this I am happy to pay the debt, I'll pay it tomorrow! But if they are unwilling to have the negative action removed from my credit report I can not in good conscious let a bank, Santander, get away with screwing me and my credit when it was their fault that they did not notify me. Santander has not been able to show any proof that they sent me any notification, despite multiple requests to do so from my lawyer. I have attached the letters from my lawyer to them making this request and citing the law that they had to notify me before reporting a negative action. Please help me fight against this bank and make things right!
Company Response:
State: DC
Zip: 20002
Submitted Via: Web
Date Sent: 2020-04-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-04-06
Issue: Managing the loan or lease
Subissue: Problem with fees charged
Consumer Complaint: I purchased a car in XX/XX/XXXX from XXXX for {$21000.00}, {$4000.00} down payment whereas on paperwork it states {$400.00}. I made 71 payments totaling {$35000.00} with maturity date being XX/XX/XXXX. I went over account summary and every payment went towards interest and not principle. Santander insist I still owe {$12000.00} after paying on this car for the last five years. I feel discriminated because there is no way I should have to pay {$50000.00} for a {$21000.00} car. I started making 2 payments per month since XXXX and still owe {$12000.00}. This isn't fair to hard working single people. please help me with this case.
Company Response:
State: LA
Zip: 705XX
Submitted Via: Web
Date Sent: 2020-04-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-04-05
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: My auto loan company has refused to report accurate information to the 3 credit bureaus regarding my payment activity to them. When my account was delinquent this company reported the late payments and balance due consistently. Since bringing my account balance current Santander Consumer USA has failed to report accurate payment activity and balance information to the credit bureaus which is causing my payment activity to show negatively on my credit reports.
Company Response:
State: FL
Zip: 347XX
Submitted Via: Web
Date Sent: 2020-04-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-04-05
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: After making bi-weekly payments, and requesting past due amounts, which was mailed to my home on XXXX XXXX which showed past due late fees of XXXX. Chysler Capital repossessed my car on XXXX XXXX my car was tooken by a recovery company with NO repo order. I also never received any statements in over 9 months which I called and complained several time on. I called the police the police ran my VIN and no repo order was out for my car. The Reinstatement Department is now telling I owe XXXX, to get my car back and they will not allow me to pay XXXX, or any types of payments arrangements. I spoke to several agents and was told that prior Repo order XX/XX/XXXX was lifted, then a collection agent told me my car was repo due to paying biweekly instead of monthly. I have always paid bi-weekly since the start of the loan in XXXX. I'm asking to have my account reviewed my management to retrieve my car for a lesser amount due having a hardship and the current Pandemic I can not afford XXXX. The collection department will not let me speak to management regarding this hardship.
Company Response:
State: MO
Zip: 63121
Submitted Via: Web
Date Sent: 2020-04-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-04-05
Issue: Struggling to pay your loan
Subissue: Denied request to lower payments
Consumer Complaint: I was placed on unpaid furlough at my job as a direct result of covid19 and they would not assist in any way. They would not defer or offer any options to help me other than pay or repossess car. During this time, my husband became a XXXX in the XXXX XXXX and they pushed his date for boot camp to XX/XX/XXXX due to COVID-19 also. I told them this and asked if I can forfeit the vehicle and they denied this as well.
Company Response:
State: TX
Zip: 76020
Submitted Via: Web
Date Sent: 2020-04-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-04-03
Issue: Problems at the end of the loan or lease
Subissue: Problem while selling or giving up the vehicle
Consumer Complaint: I have been in communication with Gateway One Lending regarding this account nothing was ever done payments were recieved. They stopped all communications with me and sold the loan to Santander consumer who have now just listed this account closed however I have over 3 years of lates listed on my credit report from the previous lender when in fact the car was wrongfully repossesed I was never even given the oppurtunity to pay on it
Company Response:
State: CA
Zip: 91311
Submitted Via: Web
Date Sent: 2020-04-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-04-02
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: 1 ) Santander repossessed my car on XX/XX/XXXX. previous requested a loan modification which was not offered to me. 2 ) There were two payments XX/XX/XXXX and XX/XX/XXXX that I did not pay anything on the car note but was trying to work our a deal to pay them, and they repossessed my car, In XX/XX/XXXX I did pay a full payment. 3 ) told Santander I wanted to reinstate my car was told on XX/XX/XXXX right after repossession, that I was behind two full payments and needed to pay that before reinstating, was also told about by another representative that I need to pay the car in full and my mom was told by a representative that I could pay was owed on the car which was about 1500 and change to get my car reinstated my mom and I agreed however they never after several calls came back to us on how to pay the arrears and get back the car. 4 ) They retaliated against us for making a complaint with CFPB and also the XXXX and several unanswered calls to Santander bank a representative stated she could no longer work with us to get car back because we filled a complaint against the company and that the car would be on hold and not sold for 10 days and that they have up until XX/XX/XXXX to make a response back to the complaint. we told her we would resend the complaint if we can get the car she stated it was now in the hands of the legal department. When asked if I can calls someone she said no that I couldn't speak to anyone we had to just wait until they response to our complaint on the matter. Before the two weeks was up on XX/XX/XXXX my son called Santander and pleaded with the company to reinstate his car due to the pandemic and emergence and he needed his car for transportation for his family. A representative from the executive office then stated that she would try to have the car taken off of hole by the reinstatement department ( one department after another ) and that she would call my son back. he waited and waited for a few days and received no call back. On Monday XX/XX/XXXX in the afternoon we decided to call Santander again and got a representative on the phone who stated we had to speak with a manger, after she made several attempts to contact a manger which left us on hold for several minutes she stated she could not reach a manager and she took both our names and phone numbers and explicitly told us that someone will contact us by the end of the day, No one did. Yesterday I noticed that Santander sent a response back to us stating about the reasons why the car was repossessed, we write a rebuttal to the letter which indicated that Santander also received a copy of a complaint from the CFPB which was indicated in the response. Still the response did not indicate a means of retrieving the car and stated we had to call the XXXX number and speak with a manger which we have done time and time again but to absolutely no avail. Today XX/XX/2020 we decided to call Santander once again to see what we need to do to reinstatement the car so my son can get it back. We spoke with XXXX in the reinstalltement department who told my son we took to long to get the car and it is now a charge off and we have to pay full price for the car and that the previous installment options are no longer on the table, We called back to Santander to speak with another manager put when we explained to the representative what we went through these past weeks, she connected us to someone in the executive office. the individual from this office stated after reading that the charge off was done on XX/XX/2020 and that we needed to speak to the reinstatement department. I asked him for a supervisor or director of this department he refused to give me a name of a higher executive over the reinstatement department. At first he stated he would try to speak to someone in the department however the phone kept muting so I assuming someone is the office may have persuaded him against the idea. This is the second compliant made by my son and my self to CFPB, the first one was mailed about XX/XX/2020. I believe that Santander has retaliated against me and my son for issuance of a legal complaint process. They intentionally stalled the process so that the car can be charged off and we could no longer get our car back by requesting full payment of the car. they never called us back on XX/XX/2020 once again knowing that the car would be charged off and making it more difficult for us to obtain. it was explicitly stated to us there will be no sale or financial rendering while the hold was on the car. But id the car was charged of then the charge off preceding was still going on during the time they said we could not do anything to save our vehicle. Santander wrongly utilized unsavory business tactics to manipulate the sale and or auction of this car. I do have additional document and letters to verify our communication with this Santander if needed.
Company Response:
State: NJ
Zip: 07601
Submitted Via: Web
Date Sent: 2020-04-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-04-02
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: On XX/XX/2020 I sent written communication SANTANDER CONSUMER USA dated XX/XX/2020, requesting documentation to substantiate information being furnished to the nationalcrediting reporting agencies on account number XXXX. On XX/XX/2020 XX/XX/2020 Isent written communication to SANTANDER CONSUMER USA dated XX/XX/2020, requesting documentation to substantiate information being furnished to the national credit reporting agencies on account number XXXX. These requests were made pursuant to the FCRA 623/FACTA 312 and is a requirement under Information Furnishers Duties. I received NO communication from SANTANDER CONSUMER USA. They did NOT meet the requirements of FCRA 623/FACTA 312. I made a request for them to substantiate the information theyre reporting is pursuant to the FCRA/FACTA, thereby causing SANTANDER CONSUMER USA communication to be significant of a non-response within the statutory 30-day time period to respond. FCRA 623/FACTA 312 requires SANTANDER CONSUMER USA to provide the following : ( 1 ) Proof of Liability via original application, ( 2 ) The Terms of the alleged liability, ( 3 ) Proof of performance made by me, ( 4 ) Proof of any other information contained in the credit report regarding the account. SANTANDER CONSUMER USA provided none of the above. SANTANDER CONSUMER USA continue to report unsubstantiated information to my credit report in violation of my consumer rights and is attempting to benefit commercially by violating federal law which potentiallymakes them actionable by criminal complaint. SANTANTER CONSUMER USA has violated the Red Flags Rule and Metro-2 Reporting Standards, thereby violating my rights under the FCRA, ECOA, and FCBA. Furthermore, I received written communication from SANTANDER CONSUMER USA that they will not change the UNVERIFIED, INACCURATE, and INCOMPLETE information they are reporting to the national credit reporting agencies ( XXXX, XXXX, XXXX, and XXXX ). They are continuing to violate FCRA and conduct illegal practices. The above illegalities were committed via USPS mail.
Company Response:
State: CA
Zip: 92571
Submitted Via: Web
Date Sent: 2020-04-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-04-02
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I have requested on at least three different occasions for Santander Consumer USA to send me paperwork to validate the debt they claim that I owe on my XXXX XXXX and XXXX credit reports. They still have not as of the date of this complaint send me any paperwork to my mailing address which they have choose substantiates and validate the alleged amount of the deaths that they claim that I owe. As such, this is in violation of the fair debt collection practices Act as I have asked repeatedly for a validation of this alleged debts which they have failed to produce and this is also a violation of the Florida consumer credit protection act under the same guidelines in Santander Consumer USA has repeatedly stated before that I do not formally let them know what violations they are committing under both the fair debt collection practices Act and the Florida consumer credit protection act. As such, they have been negligent whether it is indirect or willful in my repeated attempts to have validation paperwork sent to myself via United States mail as they are not allowed to contact me via telephone at any for any reason per the cease-and-desist request that is already on file with them that bars them from contacting myself or contacting anybody related to myself via telephone.
Company Response:
State: FL
Zip: 32127
Submitted Via: Web
Date Sent: 2020-04-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A