Date Received: 2019-06-22
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: Late payments XXXX 2017-XXXX 2017. I was not late. I have bank statements and santander online account documents to prove it. Santander continues to report this to the bureaus, never followed up with me on regards to the dispute.
Company Response:
State: CA
Zip: 90247
Submitted Via: Web
Date Sent: 2019-06-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-06-22
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: On XX/XX/2019 i applied for a loan with XXXX XXXX for a used vehicle they approved me for XXXX at 24 % interest i live in pa XXXX county went to XXXX XXXX with my paperwork from XXXX XXXX they really tried to help me but said that in the state of pa a car loan cant be any hirer then 21 % they contacted XXXX XXXX and told them that and XXXX XXXX said they are allowed i also contacted XXXX XXXX told then that tried to get them to comply with state law they said they were allowed because it was a direct loan but XXXX got legal advice and was told was not legal this needs to be investigated how many people out there in pa are paying 24 % if it is illegal people are being prayed upon by this company please let me know if its legal or not I canceled my loan i really needed help with a vehicle loan
Company Response:
State: PA
Zip: 150XX
Submitted Via: Web
Date Sent: 2019-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-06-21
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Directly from Santanders Financial Statements : Nonprime loans comprise 85 % of our portfolio as of XX/XX/2013. We record an allowance for loan losses to cover expected losses on our individually acquired retail installment contracts and other loans and receivables. For retail installment contracts we acquired in pools subsequent to their origination, we anticipate the expected credit losses at purchase and record income thereafter based on the expected effective yield, recording a provision for loan losses only if performance is worse than expected at purchase. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX and Santander Consumer USA ; are knowingly using multiple erroneous and unethical forms to deceive consumers. According to their statements, it seems they have frequently used forms like these in the regular course of business and I believe they are attempting to confuse consumers into believing that the statements they provide are true. It is simply an attempt of constructive fraud spanning multiple venues of business and government. Specifically, this is a violation of the Consumer Financial Protection Act in multiple forms. The attempt to collect any debt via deceptive device or contrivance via creative practices, without any legitimate proof of an enforceable or valid contract in a means which is intended to mislead a reasonable consumer, should also be considered perjury and constructive fraud. The reason being is simple because these companies and their employees all have legal capacity. The knowledge and willful presentation of false evidence pertaining to an unenforceable and unethical contract constitutes perjury and fraud and is a violation of the CFPA ( among many other laws ). These firms know the law and are required due diligence and required to observe the rules of evidence set forth by the courts, which they have clearly broken. With that being said, I rebuke the false claims presented by Santander Consumer USA, XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX. We need not further address the deceptive prima facia style argument presented by XXXX XXXX XXXX because their submissions against me can not tie that Santander Consumer USAs and XXXX XXXX statements are accurate, truthful and verifiable. If we read the statements, none of the documents are certified or original copies, and it is evident that the notary public has not verified the truthfulness and/or accuracy of the statements, but only that the person appearing before them at the time of signing, was the person who appeared before the notary public. I firmly believe we should investigate all angles of the statements and forgeries they have presented to the courts before we develop a judgement against anyone involved. It is my firm belief that XXXX XXXX XXXX has not performed any due diligence in verifying and validating the debt, and they are simply acting in their faulty and clueless regular course of business. Although they are required and claim to have knowledge of the law as a licensed attorney, it is evident that they have no idea how to do their job and/or they are blatantly lying. It is not my intention to persecute XXXX XXXX XXXX, but simply defend myself from the accusations presented before me and do everything in my power to help protect others similarly situated from Santander Consumer USAs deceptive practices. My basic understanding of this process is that this debt is not valid or enforceable. I am unaware of exactly what they are proposing because their statements are not balanced, verifiable or certified and I am simply stating my interpretation of the matters presented before me as I see it. Moving forward, Santander Consumer USA ( SC ) has been issued an order by DEDOJ that they are required to cease and desist in their deceptive practices to prevent future occurrences of similar financial and unethical damages to consumers. They have not attempted to fully restore damages or stop harassing consumers by closing/repurchasing the unenforceable pool of debts which they promised they would. SC knowingly sold these unenforceable deficiency balances/debts via a pool of accounts to XXXX XXXX, after destroying/misplacing any certifiable evidence to cover their transaction scandals and deception. They are still attempting to collect unenforceable debts on their manipulative Retail Installment Contracts ( RIC ) and will continue to further harass and damage consumers and our local judicial systems with their spamming threats, and brute force attacks. Their unfair, manipulative, and deceptive processes that interfere with the Due Process Clause and freedom to contract laws protected by the 14th amendment are wasting considerable time and money considering the magnitude of their attempts to collect unenforceable debts based upon false pretenses and deceptive practices used to coerce misinformed and uneducated consumers into accepting the false claims offered in their Retail Installment Contract scheme. Santander has not heeded the warnings issued by a collaborative effort between the Delaware Department of Justice ( DEDOJ ) and the state of Massachusetts Attorneys General. By SCs failure to comply, they are knowingly and willingly violating the law by continuing to deceive and harass consumers across the United States. The unknowing consumer is constantly harassed and alienated by their unfair debt collection practices, usury, deception, lies, and creative accounting practices. They have failed to remediate their abusive RIC practices and restore relief to injured consumers. SCs deceptive sales tactics through their network of dealers have created a system of dealers who no longer sell cars. The dealer doesnt care which car you buy, just that the subprime borrower signs the RIC and they get their marked up spread on the contract. Their used car dealers and debt collectors employ a bait and switch and/or debt discount tactic to deceive consumers systematically, but this is only the beginning of the process. When the dealers are selling RICs from SC, they know there is a hidden XXXX fee and a predetermined GAP contract sale, the dealers intentionally do not disclose the XXXX service charge that SC set up with XXXX XXXX ( which illegally kicked back a significant portion of the service charge to SC ). Santander has also monopolized and seduced these dealerships through their deceptively generous contract spreads. It is evident that SC controls these dealers because they have multiple monopolized points of contact on every single RIC. If every RIC from their dealers is assigned to SC and has SCs GAP contract on it, then SCs XXXX fees should be disclosed, they are not. There are no other companies used in these solely Santander RICs. No competitive pricing for GAP insurance is ever disclosed or offered, and it is intentional. In 2013, Santander knew that 50 % of the consumers that made up 85 % of their portfolio were expected to default. Thats estimated to be 425 out of 1000 consumer loans. With 850 estimated being subprime borrowers. Their network of dealers has also been caught reporting exaggerated incomes on behalf of consumers to get increasingly higher and impractical loan amounts. SC intentionally finances personal household use assets that roughly 425 out of 1000 consumers will never get to keep. Then, they repossess assets after the consumer defaults, sell the vehicle in a rigged private sale ( back to their network of dealers ) and pocket the instant cash. After this process is complete, they pawn the unjustifiable deficiency balance to a 3rd party debt collector to increase their liquidity. The key parts of this creative accounting practice start with the planning phase, which is to ensure that most subprime RIC consumers will default. If they dont default, Santander is still receiving the state maximum interest rates amortized over the course of a 72-month contract ( or better, due to their deceptive deferred payment backup plan ), either way it is clearly a win/win for them. Part of the deceptive methods used by SC are : Hidden XXXX fees ( intentionally not disclosed during the RIC sale and financing process ) NSF fees and late fees ( which are a great source of income from their subprime borrowers ) State maximum financing rates ( from incentivized dealers that do not disclose any other available rates ) Deferred payments ( that do not disclose principal balance and interest changing effects ) The profit spread ( bait and switch RICs to ensure that SCs network of deceptive dealers will claim SC is the only company that will provide financing for them, which is typically untrue. ) Santander Consumer USA and their network of dealers and debt collectors have lied to consumers from the formation of these unenforceable contracts. They are harassing consumers across the country by submitting these seemingly legitimate documents. They have legal capacity and are knowingly committing perjury by submitting deceptive statements and unenforceable contracts with legalese jargon in a seemingly legitimate presentation disguised as evidence to deceive a reasonable consumer or anyone viewing their documents. Since counterfeiting money is illegal, theyre basically counterfeiting assets and the valuation of assets to confuse consumers into giving cash to them, and then destroying the official/certified/verifiable documents in case they are investigated. SCs dealers are incentivized to sell intentionally marked-up GAP contracts, this process consumes nearly all the subprime borrowers down payment. Cha-ching, instant cash back to SC! Not if, but when the consumer falls behind on payments, they are offered a life-saving deferred payment option, which does not disclose principal balance changes and interest effects. If they can repossess the car before the GAP insurance is used, they receive a bigger cash payout. If not, the state maximum rate is still in effect and the auto-refinancing option that the dealer promised is no longer feasible. This leaves them multiple options and minimizes the chance of any financial loss on their behalf. The seemingly free money is then left on the table for their intended taking. The next part of the process is the repossession, followed by harassing letters that intimidate confused consumers. Then, SC demands payment of the full balance on the entire account. After all these seemingly harmless events take place, the next step in SCs scheme is to underbook the value of the repossessed asset and sell it in a rigged private sale. The vehicles never make it to a public auction. The rigged private sales allow the repossessed asset to go right back into their incentivized network of RIC dealers and the process begins again. After Santander destroys their certifiable copies, they begin selling unverifiable and/or altered copies of the documents to their 3rd party debt collectors. Hence why all their original contracts are destroyed/missing, and their claims are all coincidentally and conveniently unverifiable. This makes for an extremely attractive sale to XXXX XXXX and SCs network of third-party debt collectors because the deficiency debt is now overbooked, and the spread difference is conveniently tucked away in Santanders valuation surplus accounts. SC has not obeyed the cease and desist orders issued by the DEDOJ and are continuing to defraud consumers through this process. They have further violated their agreement with the courts, the DEDOJ, and Massachusetts Attorneys General through their current and continuing actions. SC is still attacking confused consumers in every single state across the country. They have subverted the mandatory repurchase of their bogus and fraudulent deficiency balances and are continuing to bully and spam attack consumers and local courts across the United States. Santander Consumer USA and XXXX XXXX mutually and privately created a loophole program that pigeonholed and coerced their RIC consumers to use this illegal XXXX service. After the consumer used the XXXX, XXXX XXXX kicked back a significant portion of the service charge to Santander Consumer USA which they made significant profits from. They have been issued orders in multiple settlements to cease their deceptive and unlawful practices, collections and repossessions. It is evident here that this company willfully turns a blind eye to the reprimands of the judicial system and the welfare of American consumers who have been systematically lied to and believe they have nowhere else to go.
Company Response:
State: VA
Zip: 20151
Submitted Via: Web
Date Sent: 2019-06-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-06-21
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: On XX/XX/XXXX I received a notice from Santander Consumer USA, stating that my auto loan account was recognized as paid in full on XX/XX/XXXX. On XX/XX/XXXX they repossessed my vehicle. They had a {$17000.00} lien placed on the vehicle and repossessed it. Even though they completely removed the auto loan from all the credit reporting agencies. I received no notifications of what they were doing until my wife was out and a man showed up to take the vehicle. No correspondence from Santander in a year. She tried to explain the situation and the comments that were made to her were very degrading. She was told " ya, everyone who gets repossessed has a letter '' and was told that if she didn't turn the vehicle over she would have the police called on her. Also told that a lien would be placed on her Drivers License. The man said " I sure would like to see this letter you claim to have. '' I have a paid in full letter, my vehicle was repossessed and my wife was treated like trash because of Santander Consumer USA. My XXXX year old Daughter got her Drivers License in that SUV. Went to Homecoming in that SUV. And the last trip she ever made, in this same SUV was to the hospital where she later died. She died in XXXX and the scuff marks from her boots were still on the roof. Santander took that away and the repossession agents didn't care when my wife tried to explain all of this. She was told " I don't want to hear it. You are just like every other repo. '' She tried to explain that she was not like every other repo, that she had the letter of proof but she was stereotyped. She was told that he was being very nice to her by not leaving her stranded beside the road. She was told that if she left anything in the car that she would have to pay a catalogue fee. My wife suffers from XXXX, XXXX, XXXX XXXX and XXXX. It is not a good situation for her and for her to be treated like trash and to be humiliated. When he first arrived he blocked her car, walked up and started shining a flash light and when asked what he was doing, he said " I'm here to get this car. '' She was told that they have been driving by the house and taking photos. She was aware of suspicious activity like this and it caused some trauma, we just had no idea why this was happening. Now we know! This whole situation has caused a lot of undue stress and trauma. Also per " Florida Statute 537.012Repossession, disposal of pledged property ; excess proceeds. ( 2 ) Prior to engaging a repossession agent, the lender shall afford the debtor an opportunity to make the titled personal property available to the lender at a place, date, and time reasonably convenient to the lender and the borrower. Prior to taking possession of titled personal property, the lender shall afford the borrower a reasonable opportunity to remove from the titled personal property any personal belongings without charge or additional cost to the borrower. After the lender takes possession of the titled personal property, the lender, at the lenders sole expense and risk, may authorize a third party to retain physical possession of the titled personal property. '' Why was this not followed if this were a legitimate repossession? Also, my wife 's Breach of Peace is a concern.
Company Response:
State: FL
Zip: 34667
Submitted Via: Web
Date Sent: 2019-06-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-06-21
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: I missed a payment in XX/XX/XXXX i have not been able to make up the payment they start calling after the XXXX of every month up until the XXXX of the next due date they call 3 to 4 times a day and leave voicemail and text messages i spoke to the rep in XXXX and advised her that i will make a payment before the XXXX she stated that i have to make an arrangement for them to stop calling. Im filing a claim today because they have called me 3 times when i spoke to the rep i advised her that of how many times they call me a day and i also advised her of title 8 she told me that they are allowed to call that many time i told her that i feel like i am being harrassed im at work and they keep calling my mail box is full i empty it and it gets right back full. Please advise me.
Company Response:
State: NJ
Zip: 08611
Submitted Via: Web
Date Sent: 2019-06-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-06-21
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I made payments to Chrysler capital in advance. They applied the payments to the principal and not actual payments and applied late fees for the months that were paid in advance. I contacted customer service and supposedly the corrected the issue and removed the late fees. However I keep receiving bills stating I still owe the late fees
Company Response:
State: FL
Zip: 346XX
Submitted Via: Web
Date Sent: 2019-06-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-06-20
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: The Santander account was settled as a class action lawsuit. Which I was apart of and the account is still on my credit report. Which it should have been deleted. Not only because of the class action lawsuit but because its been over 7 years. This is a screw up I have sent supporting documents to all credit bureaus on XX/XX/2019 and this crap is still on my report I want it off ASAP.
Company Response:
State: OH
Zip: 452XX
Submitted Via: Web
Date Sent: 2019-06-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-06-20
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: 07 XXXX XXXX XXXX Purchased : XX/XX/XXXX Financed : {$15000.00} Original lender : XXXX XXXX XXXX XXXX ( XXXX ) Int. Rate : 24.99 % Term : 72 months Pmt : {$430.00} Military orders sent in & applied to the account in XX/XX/XXXX. Int. reduced to 6 % & pmts dropped to {$280.00}. -- -Loan sold to Santander around XX/XX/XXXX. *closing balance with XXXX was {$13000.00} *1st statement from Santander showed the balance was {$14000.00}. -- orders were only valid for one year. XXXX nor Santander ever adjusted the loan int/pmt back to the original amount. This loan was supposed to pay off in XX/XX/XXXX. Balance was still showing on the statements as {$13000.00}. When requested about it in writing, Santander sent over a " loan revision '' to reduce the balance and pmts, stretching the contract another 2 years ... paying a total of 4 years past the maturity date. Loan revision matured XX/XX/XXXX. I wrote them again in XX/XX/XXXX, demanding my title and a refund of what I've overpaid them ( at that time, I had overpaid according to the " loan revision '' by {$1900.00} ). They responded by still demanding payments, and attempting to repo 4 times. Since XX/XX/XXXX, there have been an additional {$2100.00} in payments, bringing the total overpayment to {$4100.00} ( since the revision ).
Company Response:
State: AL
Zip: 35640
Submitted Via: Web
Date Sent: 2019-06-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-06-20
Issue: Managing the loan or lease
Subissue: Problem with fees charged
Consumer Complaint: I have a car loan with Santander Consumer USA. I bought a 2017 XXXX XXXX XXXX from XXXX XXXX, XXXX, FL on XX/XX/2017. My payments are XXXX a month and in the 20 months I have been paying on my XXXX dollar loan I am down to XXXX dollars. I normally have around XXXX a month go to my principal. I always pay my loan early so I'm not late and not penalized. I made my XXXX payment which was due on XX/XX/XXXX on XX/XX/XXXX, my XXXX payment was paid on XX/XX/XXXX. Now it wasn't due until XX/XX/XXXX. I got my XXXX bill and I noticed that instead of XXXX going on my principal, only XXXX did and XXXX went to interest! I always pay my payment early so I could not understand why this happened. When I called Santander, I was told that because there was more than 30 days between my payments i was charged interest daily! So I was penalized with extra interest that i can't understand why. There are on average, 30 days in a month. Why have monthly payments if you are charged daily? I don't understand this. If anything I should save on interest for paying it early. So I asked for a payoff balance and it is more than i owe! How is that? My payoff balance is XXXX. I asked to speak to a supervisor and I was on hold forever and then the line was disconnected. This is unfair business practice. There are numerous complaints against this company and I just want what is fair.
Company Response:
State: FL
Zip: 34232
Submitted Via: Web
Date Sent: 2019-06-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2019-06-20
Issue: Problems at the end of the loan or lease
Subissue: Problem with paying off the loan
Consumer Complaint: In XX/XX/2013 I loaned a car, a XXXX XXXX XXXX XXXX, which I was set to pay off over a 72 months period. At the end of the 72 months period while I was preparing to make my final payment, the car dealership, Santander U.S.A, Notified me that they had extended my loan. I've been paying off the balance but it never truly goes down ; I was not in the position to confront this problem before but i refuse to let Santander U.S.A take advantage of me.
Company Response:
State: FL
Zip: 33415
Submitted Via: Web
Date Sent: 2019-06-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A