Date Received: 2017-12-06
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: On XXXX XXXX XXXX I sent chk # XXXX in the amount of {$2700.00}. This was to cover past due balance and monthly payments of {$230.00} through XXXX XXXX which I stipulated in a note attached to the check. The extra money was applied to the principle however they did not apply the payments to the monthly invoices as directed. I am now having my credit destroyed once again by this company being marked 60 and 90 days late. I contacted them by phone on XXXX/XXXX/XXXX and s/w to XXXX who informed me the computers were down but took my info and stated a manager would be calling me back. Never happened and when I called back there was no record of this call in their system. I then mailed back my statement with the information to be corrected still nothing. Disputed it on my credit report and my score has dropped by 100 pts due to this and im sure they are going to repo my car.
Company Response:
State: NY
Zip: 11426
Submitted Via: Web
Date Sent: 2017-12-06
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-06
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: The company Santander Consumer continues to report a late payment every month for a account the has been closed and charged off since XXXX of 2015. It is illegal to report a late payment to an account that is closed.
Company Response:
State: GA
Zip: 303XX
Submitted Via: Web
Date Sent: 2017-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-06
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: As conditions stated for certified promissory note # XXXX, ( Accepted by Santander on day XXXX of XXXX XXXX. ) Santander in no longer legally entitled to or may collect for the listed collateral ( XXXX XXXX XXXX XXXX VIN NUMBER XXXX ) in accordance with FDIC laws on payment acceptance and honorary acts. Payment in the form of promissory note ( Legal tender ) was offered ( sent to Santander Usa ) on XXXX XXXX XXXX for ( {$25000.00} ) this amount would fullfil the payee 's contractual obligations, ending the contract and clearing said payee 's name of any debt that may be associated with listed account, and grant any and all collateral to payee. This payment was NOT SENT BACK ( ACCEPTED ). Payment from XXXX XXXX XXXX with co-owner XXXX XXXX will be deemed as accepted on the XXXX day of XXXX XXXX governed by conditional acceptance laws. Granting will be the above listed collateral and its integrities to the payee. Uniform Commercial Code U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS ( 2002 ) PART 6. DISCHARGE AND PAYMENT 3-603. TENDER OF PAYMENT. 3-603. TENDER OF PAYMENT.Since this issue I have had to obtain counsel ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contractual obligations. ( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. Santander was asked to produce the following and have yet to comply. Santander has been asked to provide the following supportive documents and have yet to provide any. 1.Present your payment regulations and guidelines. -Provided we have obtained a copy from your website that state and support the claimants cause. Show proof that accepted payments wo n't be honored and under what conditions will they not be honored under after acceptance. 2.Evidence that this customer 's ( promissory note # XXXX XXXX ( legal tender/payment ) was not accepted as payment. By your facility.- Review conditions of acceptance. 3. The conditions attached to the promissory note..that stated " if not returned within 30 days this instrument is deemed as accepted as full payment for the account number ( XXXX ) please explain how these conditions would not apply to your bank? Granted you are in a legal binding contract. 4. If the legal tender/ ( Promissory note # XXXX ) was sent back please provide evidence of to such action. By law a consumer may request this information when disputing a payment with the creditor. This company did not return my payment or deny it but they are refusing to honor it. Since this claim has been brought to their attention I 've been forced to obtain counsel due to no compliance on their end. A cease and desist order was issued to them, and they are still actively attempting to collect from me.
Company Response:
State: GA
Zip: 313XX
Submitted Via: Web
Date Sent: 2017-12-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-06
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: Asked for Validation Letter not Verification. Never received validation that this debt belongs to me.
Company Response:
State: CA
Zip: 94303
Submitted Via: Web
Date Sent: 2017-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-05
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: We have made 73 payments on our vehicle. The maturity date was XX/XX/XXXX. This company is telling us that we still owe XXXX more dollars and sent us a new contract to lower our payments and pay on our vehicle for 2 more years. This company is a predatory lender and are trying to take advantage of us. We are senior citizens and live on a fixed income. We were so looking forward to getting our vehicle paid off in XX/XX/XXXX of this year. Please help us.
Company Response:
State: VA
Zip: 242XX
Submitted Via: Web
Date Sent: 2017-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-05
Issue: Managing the loan or lease
Subissue: Problem with the interest rate
Consumer Complaint: On XX/XX/XXXX my XXXX XXXX was totaled On XX/XX/XXXX XXXX insurance sent in {$4300.00} ( this did not pay off the loan ) XX/XX/XXXX GAP paid {$4300.00} ( this did not pay the loan off ) My complaint is : When I called the automated system for Santander USA, In XX/XX/XXXX., the automated system stated my next payment due date was in XX/XX/XXXX. Not knowing I would accumulate additional interest during XX/XX/XXXX-XX/XX/XXXX, I payed the next payment in the amount of {$2000.00} on XX/XX/XXXX. In XX/XX/XXXX, when I called their automated system it stated, my next payment was due in XX/XX/XXXX. When I paid the payment in XX/XX/XXXX, it was n't until then I realized I owed more money on the loan than before I paid the $ XXXX payment and the insurance/gap payments. My issue is the Santander system allocation, AND their automated system literally gives consumers a deceptive, artificial, and miss-leading 'NEXT ' due date. Why would anyone wait just to pay more interest and owe more on a loan, on purpose, after significant lump sum payments were made to reduce the loan? That makes no sense. Santander needs to change their automated deceptive and miss-leading system and provide the consumer with the 'REAL ' next due date, which would be on the regular monthly payment date in the NEXT month, not several months down the road, which leads the consumer to an artificial due date, then we are shocked we end up owing more money. The allocation of lump sum payments apparently triggers this deceptive date WITHOUT an explanation, that paying the loan at THE FUTURE DATE PROVIDED BY THEIR SYSTEM, will actually cause the loan to increase. I am requesting a minimum refund of {$990.00} paid in accumulated duplicitous interest. Thank you.
Company Response:
State: TX
Zip: 75287
Submitted Via: Web
Date Sent: 2017-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-02
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: XXXX/XXXX/XXXX - letter sent to Lease company - XXXX XXXX - about identity theft - XXXX - XXXX delivered : XXXX/XXXX/XXXX ( attached ) - {$47000.00} XXXX/XXXX/XXXX - Letter received from XXXX XXXX Fraud Department - form needs to be filled XXXX/XXXX/XXXX - letter ( requested form ) sent to Lease company - XXXX XXXX - ( USPS tracking no : XXXX ) - delivered on XXXX/XXXX/XXXX - FTC 's identitytheft.com law enforcement report included - notarized, as requested ( attached ) XXXX/XXXX/XXXX - letter received from Lease company - FTC 's identity theft - FTC 's report is not sufficient, they need a letter from New Jersey Police - that they are investigating the case XXXX/XXXX/XXXX - reported in New Jersey Police Department the Identity Theft, confirmation issued ( attached ) XXXX/XXXX/XXXX - Police statement sent to XXXX XXXX ( attached ). They said that they need detailed investigation report from police and until they receive that I am still responsible for a car lease what I never signed ( I was not even in the country ). XXXX/XXXX/XXXX - email sent to XXXX XXXX ( XXXXXXXXXXXX ) on XXXX XXXX, XXXX the Attorney General is not authorized to release criminal reports to noncriminal justice agencies. So basically XXXX XXXX is ruining my credit score ( e.g. XXXX ) as have put a default on my credit profile as they keep requesting a document what is impossible to get.
Company Response:
State: FL
Zip: 33414
Submitted Via: Web
Date Sent: 2017-12-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-03
Issue: Struggling to pay your loan
Subissue: Loan balance remaining after the vehicle is repossessed and sold
Consumer Complaint: Under the laws of the State of Georgia UCC and State RISA and MVISA statutes a deficiency can not be claimed unless all of the required notices were properly and timely given, and all of the allowable redemption and cure time limits were adhered to. Please provide copies of the legal notices and proof of the commercially reasonable manner of the resale of the subject vehicle. If no such proof is provided within 14 days from receipt of this notice, the alleged claim of a deficiency will be considered null and void, and any continued collection activities, or continued reporting of this invalid claim on my credit reports will be considered a violation of the FDCPA and FCRA. In addition, if you singularly or severally fail to comply with the above requests, I reserve the right to seek damages against all parties, under all available State and Federal statutes and UCC - 9 remedies. I am not liable for this vechile.
Company Response:
State: GA
Zip: 30228
Submitted Via: Web
Date Sent: 2017-12-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-02
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: I sent a validation letter on XX/XX/XXXX to Santander USA. They were unable to provide proof of validation. On XX/XX/XXXX I called XXXX XXXX which was the creditors that the so called charged off account of 2 or more years was sold to with a balance. How was this possible? I called Santander Consumer USA on XX/XX/XXXX as well and asked the representative and had questions about the carry-on of this debt and how was it validated and how was it sold if it was in question allegedly charged off? She could not provide me with any information of accuracy ( address or phone numbers ) on this account. I was immediately transferred to a supervisor even though I did not ask for one. Once I spoke with the supervisor she also did not provide me with the information either on any of these reporting or findings could be proved. Was in a hurry to get me off the phone when I was asking questions about this account.
Company Response:
State: GA
Zip: 30087
Submitted Via: Web
Date Sent: 2017-12-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-12-02
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: These companies used the shot XXXX approach on my credit report with consenting me its damaging to my score
Company Response:
State: AR
Zip: 724XX
Submitted Via: Web
Date Sent: 2017-12-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A