Date Received: 2020-02-06
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Hello CFPB, I need your help! In short, and I have included more information attached, 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 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! XXXX XXXX XXXX
Company Response:
State: DC
Zip: 20002
Submitted Via: Web
Date Sent: 2020-02-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-04
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: They called about an old auto loan that was paid off for a lesser agreed amount. Attempting to collect again, would not tell me where to send any documents, he just told me to bring it to court with me.
Company Response:
State: OR
Zip: 97478
Submitted Via: Web
Date Sent: 2020-02-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-02-03
Issue: Struggling to pay your loan
Subissue: Loan balance remaining after the vehicle is repossessed and sold
Consumer Complaint: This letter is being sent to you in response to notices sent to / from me from the Dept of Santander Consumer USA and more importantly, due to their erroneous reporting to the Credit Bureau { s }, the highly negative impact on my personal credit report. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 { b } that their claim has been disputed and validation was requested. I have asked the Santander Consumer USA to please provide me with the following : What the money they say I owe is for : Explain and show me how they calculated what they said I owe : Provide me with copies of any papers including but not limited to : Validation of Purchase that shows I agreed to pay what they say I owe : Original Note / Signed Contract with my original signature Notice of Sale / Deficiency Notice Post Notice of Sale Provide a verification or copy of any judgment if applicable : Identify the original creditor : Prove the Statute of Limitations has not expired on this account : Show me the you they are licensed to collect in my state : Provide me with their license numbers and Registered Agent or Agent of Service : At this time, I also informed Santander Consumer USA that if their offices have reported invalidated information to any of the 3 major Credit Bureaus { XXXX, XXXX or XXXX } this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by their company or the company that they represent, I will not hesitate to bring legal action against them for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Santander Consumer USA has not provided any of the requested information despite me sending 2 ( two dispute letters and a request for account validation NOT verification ) Since reaching out to Santander Consumer USA, action was taken which has been detrimental to all 3 of my credit reports and ( Santander Consumer USA closed the account and reported the file as a charge off without validating the account ), and I am consulting with my legal counsel for suit. The information provided by Santander Consumer USA includes information that is inaccurate and invalidated, but the credit bureaus have been verifying these accounts as accurate, when in fact there is no provided proof that it is accurate. The company Santander Consumer USA has failed to respond to this validation request and the information provided in the Original Note and signed contract must be deleted and completely removed from my credit report and a copy of such deletion { to any/all of the 3 major credit reporting bureaus : XXXX, XXXX and XXXX } should be sent to me immediately. I have also disputed this information with the 3 credit bureaus as inaccurate, and they have come back to me and stated they were able to verify this debt. How is this possible? Under the laws of the FDCPA, I have contacted the collection agency myself and have been unable to get them to verify that this is indeed my debt!
Company Response:
State: CA
Zip: 90028
Submitted Via: Web
Date Sent: 2020-02-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-31
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: I was shocked when I reviewed my credit report and found late payment on the accounts below : XXXX XXXX - This is paid on time, XXXX and XXXX reports all OK with not a single late remark. Please update this to current with no late remarks. SANTANDER - The status is incorrect. This should be current since there is no late remarks. Please update to Current or delete this. XXXX XXXX - This is paid on time, XXXX and XXXX reports all OK with not a single late remark. Please update this to current with no late remarks. I am not sure how this happened, I believe that I had made my payments to you when I received my statements. My only thought is that my monthly statement did not get to me, or the payment was not applied as fast as expected. I check my bank account and noticed that you deducted the money out of my checking account that on the month that you marked me late on my credit report.
Company Response:
State: WI
Zip: 53713
Submitted Via: Web
Date Sent: 2020-01-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-31
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I was involved in a car accident causing a total loss on XX/XX/2019. The only payment that I should be responsible for is the one for the month of XXXX and any fees I may have racked up before the date of loss. I have been getting charged and recorded on my credit report that I havent been paying them since the accident but XXXX has already taken full responsibility and sent out a payment for the vehicle plus I have GAP insurance which should cover any thing XXXX doesnt.
Company Response:
State: MD
Zip: 21040
Submitted Via: Web
Date Sent: 2020-01-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-31
Issue: Credit monitoring or identity theft protection services
Subissue: Problem with product or service terms changing
Consumer Complaint: This account was opened fraudulently I have reached out directly to Santander and was told on XX/XX/XXXX 2020 they responded back to credit bureaus to stop reporting this account but it is still negatively reporting on my report which is preventing me from being approved for different services.
Company Response:
State: TX
Zip: 75181
Submitted Via: Web
Date Sent: 2020-01-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-31
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: The account is showing as closed when account is open. Account is charged off and car was repossessed but I payed past due balances and got car back and back in good standing with Chrysler. However account is still showing as closed and past due by over 6,000.00 $ when in reality balance is at XXXX and monthly payment of XXXX are being made until XX/XX/2021.
Company Response:
State: CA
Zip: 95112
Submitted Via: Web
Date Sent: 2020-01-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-30
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Santander Consumer USA stated I am not in there system and they are not sure why I CONTACTED THEM SINCE THE DEBT IS SOLD. THIS NEEDS TO BE REMOVED FROM MY CREDIT IMMEDIATELY.
Company Response:
State: NC
Zip: 275XX
Submitted Via: Web
Date Sent: 2020-01-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-30
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I contacted Chrysler Financial / Santander to obtain a POA letter to register my XXXX XXXX XXXX XXXX in the new state in which I'm residing. I had to move as I was a victim of XXXX XXXX and my old partner can not know where I am primarily for safety concerns. The representative requested my new address and information. I was hesitant in providing it for fear that it would not be safe guarded. I was told he had to have it. I asked that he put notes or something on the account to indicate this information is not be shared to anyone and should not be repeated or given out over the phone. He said it would be against their policy as their policy states that they would need to ask the caller to verify the info and not provide the information. I did not receive the requested information in the time that I had requested it and called back. The representative i spoke with confirmed the request was submitted. I even told him that I told the other guy I didn't want the information to be given out and to make sure that they did not send the letter to my old address as it would contain my new address. The representative then GAVE OUT OVER THE PHONE MY NEW ADDRESS! If i was not the one that was calling or if it was my ex partner, of whom I'm hiding and escaping from could have gotten it! I spoke with a supervisor who stated that the rep was in error and should not have given the information out over the phone. I reached out via XXXX to express my frustration and was contacted by someone in the Executive Office of Santander / Chrysler Financial. She was awful. After I explained the situation, she barely had any empathy and actually defended the representatives actions in giving out the information in stating that once a person has been verified ( either Year of Birth or Last 4 and the Year/Make/Model of the card ) they're free to release whatever information they have on the account as long as they can see it. I confirmed if this included Personal Identifiable Information ( PII ) and she stated YES. Every company I have dealt with, have stated that they need the information verified and would not give out unless it was verified by the caller first Meaning - the caller gives the address - then they say yes or no. Not that they just freely give out any information. I asked her several times on the policy and she said if they could see it, including bank account numbers, social security numbers, email addresses, personal addresses, etc. That I verified that BASIC information that someone from the street could get - they would give out any of my PII!!!!!!!!!!!!!!!!!! I asked her to read my social security number. She said she could see it. I asked her to give it to me. She hesitated -- knowing she was wrong. She talked and backed herself in to a corner. She was so determined to defend that associate 's action versus accepting responsibility on something - that she didn't know what to do at that point. So she did nothing. I asked to have my concerns escalated. I now have to take additional steps to find NEW housing since my information, which should have had appropriate steps taken to protect, is at risk. My safety has now been compromised by this company and plus now, I have to obtain a new vehicle with a company that values privacy and takes steps and enforces policies to protect their consumers identity and safety.
Company Response:
State: GA
Zip: 30041
Submitted Via: Web
Date Sent: 2020-02-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-01-28
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: XXXX XXXX/XXXX XXXX XX/XX/XXXX SANTANDER XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX XXXX XXXX AND XXXX XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX I submitted a request for removal of these inquiries years back but they continue to remain on my report.
Company Response:
State: CA
Zip: 92584
Submitted Via: Web
Date Sent: 2020-01-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A