Date Received: 2017-09-02
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Please note that a previous case was filed. Santander responded in the complaint that they sent me the documentation. The problem is that they obviously made an error which has cost me thousands of dollars and a drop in my credit score. If you note my response from them you will see multiple times they say they sent the information to my address. However, if you look at my Contract you will see my address is in XXXX and not in XXXX. A clerical error on the behalf of Santander should not cost me for 7 years. Santander sent the paperwork to the OTHER address on file, not mine. Obviously I needed information to be sent to the address on the contract, which is XXXX XXXX XXXX, XXXX, XXXX - which is my address for the last 12 years. I should have been notified by federal and state laws multiple issues. Required Notifications : Before your lender can sale your car, they MUST notify you of their intentions. You can waive this right, so make sure you dont sign anything the lender gives you until you consult with your lawyer. See Texas Business & Commercial Code Sect. 9.611 Timing of Notification : Your lender must send the required notification after your default and 10 days within the disposition of the vehicle. See Texas Business & Commercial Code Sect. 9.612 Content of Notice : The notice must list your name and the collateral that the lender intends to sell. It must state how much money it would take to REDEEM or reinstate the loan. It must provide a telephone number to call to redeem the loan. It must state how they plan to dispose of the truck and tell you that you are entitled to an accountable of any debt remaining after the sale. The lender must tell you the time and place of the auction ( or other manner of sale ). Its pretty easy for lenders to follow this rule the form is listed in the statute. See Texas Business & Commercial Code Sect. 9.613 and Texas Business & Commercial Code Sect. 9.614 Right to Redeem Car or Truck : You have the right to redeem your vehicle even after Texas repossession. To redeem the loan default, you have to pay whatever is owed through that date, the reasonable expenses like repo fees, storage costs and attorneys fees. You have the right to redeem the vehicle up until the actual sale date and time. See Texas Business & Commercial Code Sect. 9.623 Lenders Failure to Comply : If the lender fails to follow the Texas Repossession laws, then it may be liable for damages and costs that you incur. Or you may be able to recover {$500.00} for each statute violation. Or you may be able to eliminate any deficiency owed on the truck loan after the sale. See Texas Business & Commercial Code Sect. 9.625. I should not have to get a lawyer to fix this issue. It is obvious ( by the response from Santander ) that I never got the information required by federal and state law, and the paperwork not only did not get delivered to me, it is proven that it did not get to me because of a clerical issue made by the company. Below is my first complaint with CFPB. I have attached the 19 page response, which was emailed, but also ironically addressed to an address in XXXX with my name on it. I have never lived there. That person who did live there was a friend of my wife, and I do not live with that girl. I have had a wife for 12 years in the same house in XXXX, Texas. XXXX Santander is reporting a repossession for this account, in the amount of {$10000.00}. It is true that I co-signed the loan on the car. The person I signed for was in an abusive relationship and my wife and I felt like she needed some help. It was not the wisest thing to do, but it seemed like the right thing to do at the time. It wasnt long after that she disappeared with the car. She made regular payments on time for about a year and then the problems began. The real issues begin once the car was repossessed. I am not disputing their right to repossess the car if she wasnt making the payments. I am concerned that once it was repossessed I wasnt provided notice that the vehicle was going to be sold. I wasnt provided any notice about what it would take to redeem the vehicle. I wasnt provided any notice about when it would be sold. All these are required under Texas Business & Commercial Code Sect. 9.612. Nor was I ever informed of what it was sold for, so I have no way of knowing if the amount they claim is still owed is correct or not. Finally, to add insult to injury the item was then slapped onto my credit report. This item is under dispute under the FCRA, 15 USC section 1681i, for being inaccurate or unverifiable, because I have no way to know if the amount being claimed is correct. It is also under dispute under the FDCPA, 15 USC section 1692g, because at all points there has been a failure to provide written notice of anything related to the repossession or sale of the vehicle. Had I known of the repossession I would have bought this car to keep this off my credit. Texas State Law requires multiple things that are not addressed in federal law that I am sure that Santander knows about but none of these things were followed. Sale/Auction : Your lender can sell your truck in a commercially reasonable manner at an auction or other type of sale. See Texas Business & Commercial Code Sect. 9.610 Required Notifications : Before your lender can sale your truck, they MUST notify you of their intentions.. See Texas Business & Commercial Code Sect. 9.611. They did not notify me of the sale. Timing of Notification : Your lender must send the required notification after your default and 10 days within the disposition of the vehicle. See Texas Business & Commercial Code Sect. 9.612. They did not notify me of the sale and did not send me the notification. Content of Notice : The notice must list your name and the collateral that the lender intends to sell. It must state how much money it would take to REDEEM or reinstate the loan. It must provide a telephone number to call to redeem the loan. It must state how they plan to dispose of the truck and tell you that you are entitled to an accountable of any debt remaining after the sale. The lender must tell you the time and place of the auction ( or other manner of sale ). Its pretty easy for lenders to follow this rule the form is listed in the statute. See Texas Business & Commercial Code Sect. 9.613 and Texas Business & Commercial Code Sect. 9.614, None of this was done. Right to Redeem Car or Truck : You have the right to redeem your vehicle even after Texas repossession. To redeem the loan default, you have to pay whatever is owed through that date, the reasonable expenses like repo fees, storage costs and attorneys fees. You have the right to redeem the vehicle up until the actual sale date and time. See Texas Business & Commercial Code Sect. 9.623 Lenders Failure to Comply : If the lender fails to follow the Texas Repossession laws, then it may be liable for damages and costs that you incur. Or you may be able to recover {$500.00} for each statute violation. Or you may be able to eliminate any deficiency owed on the truck loan after the sale. See Texas Business & Commercial Code Sect. 9.625 Consequently, I am requesting that this removed from my credit report as being inaccurate, unverifiable, and under dispute where the creditor has failed to provide proper notice of the items relating to this account.
Company Response:
State: TX
Zip: 77340
Submitted Via: Web
Date Sent: 2017-09-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-02
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: Opened account on XX/XX/XXXX, paid as agreed up to todays date of XX/XX/XXXX. Santander has refused to timely communicate or resolve the 4 missing payments to date. The dates of the missing payments are XX/XX/XXXX,XX/XX/XXXX and 2 payments combined on XX/XX/XXXX. Santander uses a 3rd party to process their payments ; XXXX XXXX speed pay. XXXX XXXX confirmed they processed these payments successfully, and certified/notorized bank statements have been provided as well. A complaint about this issue, but only the first 2 payments were involved, the payments from XX/XX/XXXX are completely seperate and new. Santander has had numerous similar complaints filed against them that are available on the internet. They are acting like thieves, not returning calls or communicating to resolve this major issue. My attorney has attempted to contact Santander, only to have Santander claim they needed a release to discuss my account, but a release was provided over a month ago, confirmed received by Santander, but still no contact. This behavior is unacceptable, and harmful to me, as my credit score went down over 150 points and lost income. Their policies are against the laws and need to be rewritten to comply with the law.
Company Response:
State: SC
Zip: 29708
Submitted Via: Web
Date Sent: 2017-09-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-01
Issue: Struggling to pay your loan
Subissue: Denied request to lower payments
Consumer Complaint: I purchased a car for about {$14000.00} almost 4 years ago.I gave XXXX down payment and I 've made my payments of {$380.00} each month, sometimes more and XXXX years later my balance is still {$14000.00}. When I try to ask questions I can barely understand them and they said it is because I made a few late payments. I need file a suit against them. Does anyone know what steps I can take against them. Is what they are doing legal?
Company Response:
State: FL
Zip: 324XX
Submitted Via: Web
Date Sent: 2017-09-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-01
Issue: Struggling to pay your loan
Subissue: Denied request to lower payments
Consumer Complaint: I purchased a car for about {$14000.00} almost 4 years ago.I gave XXXX down payment and I 've made my payments of {$380.00} each month, sometimes more and three years later my balance is still {$14000.00}. When I try to ask questions I can barely understand them and they said it is because I made a few late payments. I need file a suit against them. Does anyone know what steps I can take against them. Is what they are doing legal?
Company Response:
State: FL
Zip: 324XX
Submitted Via: Web
Date Sent: 2017-09-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-01
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Santander Consumer USA is acting in violation of the Maryland Anti-Deficiancy Laws and is trying to collect on a debt that they technically can not collect on. On XX/XX/XXXX I contacted Santander Consumer USA regarding my past due car payments and the next steps I can do in repairing our relationship. The representative informed me that my best option was to voluntarily give up the car and that it would completely wipe out the debt I owed with them and that they would stop all collection activities ( I have thus learned that I was lied to by the representative and that this was not true, that giving my car back would not erase the debt I owed but only reduce it ). I gave them the address to pick up my car at XXXX XXXX XXXX in XXXX Maryland ( please note that that I never told them this was my address or told them to change my address on file ). The next day my car was given up to the tow company and all was well, as so I thought. To my surprise when I look at my credit report a few months ago I noticed that this is still showing negatively on my credit report as debt I owe. According to Maryland law " Within 5 days after the credit grantor repossesses the tangible personal property the credit grantor shall deliver to the consumer borrower personally or send to him at his last known address by registered or certified mail, a written notice which briefly states : ( 1 ) The right of the consumer borrower to redeem the tangible personal property, and the amount payable for it ; ( 2 ) The rights of the consumer borrower as to a resale, and his liability for a deficiency ; and ( 3 ) The exact location where the tangible personal property is stored and the address where any payment is to be made.For 15 days after the credit grantor gives the notice required by subsection ( e ) of this section, the credit grantor shall retain any repossessed property. '' I never received any such notice from Santander Consumer to my mailing address via certified or any other sort of mailing. Which is in violation of Maryland law. Subsequently, Santander consumer is also required by Maryland Law after selling my vehicle to send me a deficiency letter outlying the remaining debt I owe. Maryland Law States " Private sales must be commercially reasonable, and the lender must send an accounting to the borrower. If the property is sold at public auction, the lender must provide the borrower with a written statement of how the proceeds were applied. If the vehicle sells for less than the balance owed on the loan, then the remainder is an unpaid deficiency. '' State law also requires that this be sent via certified mail latest address on file. Any violation of this law states that the " credit grantor can not collect on the debt ''. In XX/XX/XXXX I contacted Santander 's President Office XXXX XXXX, to file a complaint regarding this debt and I spoke to gentlemen named XXXX XXXX. XXXX XXXX informed me that they sent all the notices to an address " XXXX XXXX XXXX XXXX, XXXX Maryland XXXX '' and address that I have never lived at or be associated with. Also, when doing a search with the USPS the address " XXXX XXXX XXXX XXXX .... '' does not exist whatsoever and any mail delivered to this address would be deemed undeliverable and returned back to the sender. I never gave Santander that address or gave them permission to send me any corespondents to that address.My address on file that the time was " XXXX XXXX XXXX, XXXX XXXX MD '' the address that I gave them! When I informed XXXX XXXX of my finding he stated he " did not care '' and it " would n't have mattered if they sent the notice or not '' because he deemed me " irresponsible ''. I asked XXXX several times for the opportunity to speak with his manager or XXXX XXXX and he refused to let me speak with anyone else. I have come to the conclusion that Santander has not acted in good faith with the sale of my vehicle, giving me the required notices, and reporting my debt correctly to the credit agencies. I want Santander Consumer to immediately stop all collection activity against me and remove all negative reporting activity off my credit report since according to the law they are not allowed to collect on my debt. If this is not done within the allocated 15 days by CFPB I will take immediate legal action.
Company Response:
State: MD
Zip: 20850
Submitted Via: Web
Date Sent: 2017-09-01
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-09-01
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I purchased a XX/XX/XXXX new truck from a local dealer in XX/XX/XXXX. The dealer sold the loan to Santander co. I was not told by the dealer who held the loan. I did not receive loan papers, payment invoices, etc from anyone. I repeatedly asked the dealer who told me in XX/XX/XXXX that it loan still had not been sold but I would be notified when it was. In early XX/XX/XXXX, I received notice from Santander that I was late on the loan despite never being notified of the fact that they held the note or where to send payment. I talked on the phone with Santander on XX/XX/XXXX. I was told that I was late for XX/XX/XXXX 's payment. I explained I had never been notified. They told me I had to make a payment and would have a second payment due on XX/XX/XXXX. I requested my due date be moved to the XX/XX/XXXX of each month because I could not make 2 payments that close together. they agreed if I paid a payment during the phone call. They told me the payment was {$640.00}. I paid it.They did not change the due date. When I did not make the payment on the XX/XX/XXXX they charged me a second late fee and reported me late to credit companies. They called me and told me I was late and my due date was still the XX/XX/XXXX. I made the payment on XX/XX/XXXX and they charged me another late fee on XX/XX/XXXX. They also raised my payment from {$640.00} to {$710.00} and did not notify me. I have made 2 payments in XX/XX/XXXX to get on track with there changes. I asked them to remove the late report and being behind on payments from the credit agencies because they never told me they held the note. I did not know who or when to pay. Once notified I paid what they asked and when. They changed the amount, continued to assess late fees and incorrectly report. The have so far refused to correct my credit report. They have been dishonest and refuse to help. I want them to correct the credit report and clear my good name.
Company Response:
State: UT
Zip: 84092
Submitted Via: Web
Date Sent: 2017-09-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-31
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: Santander consumer USA claims I owe them money for a vehicle they repossed and sold and claimed I did n't owe anything. Then I started receiving harassing calls and letters stating I owed fees and surcharges. I have contacted them and even offered to pay the money I do n't owe if they promise to remove the information from my credit and they refuse to cooperate.
Company Response:
State: NY
Zip: 10801
Submitted Via: Web
Date Sent: 2017-08-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-30
Issue: Problems at the end of the loan or lease
Subissue: Problem extending the lease
Consumer Complaint: I have a lease agreement with Santander consumer USA. I have to pay {$1.00} end of the lease to own the vehicle.The vehicle was repo due to non payment. When I called them they asked me to pay {$6500.00}. I sent them a XXXX XXXX for the same amount yesterday and given them the reference number of the XXXX XXXX.. They promised me that they are going to send a fax to release vehicle within XXXX. When I call them today they informed me that they ca n't release the vehicle. The vehicle is XXXX XXXX XXXX.
Company Response:
State: CA
Zip: 92804
Submitted Via: Web
Date Sent: 2017-08-31
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-30
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: Retail installment credit agreement entered into on XX/XX/2015 for XXXX to purchase a used vehicle with Santander. When the vehicle was delivered it would not even start, and had several mechanical issues that were not disclosed from the seller. When the dealer was contacted, there was no response, and eventually we discovered from the police, that the dealer had been shut down for fraud issues. Contacted Santander to request that the check being issued to the dealer was stopped. The check was sent anyway - after the request to stop the process. The title was send directly to me. I contacted Santander to discuss the issue and determine what can be done to rectify this situation. Working with XXXX XXXX we discussed the a potential modification to the original agreement taking into consideration the numerous repairs required. During these negotiations i was informed that XXXX XXXX was not longer with the company, and was sent a modification agreement that did not reflect the terms discussed. I " redlined '' the agreement, and returned to Santander, who rejected the agreement due to " changes to the document. '' Since that time, I have had numerous calls with customer service and collections to discuss the issue - which always result in the same conclusion. " We will notate and someone will get back to you. '' Last week, the vehicle was repossessed - and just to add to the issue, my yard was torn up and damaged in the process. I have contacted Santander to discuss this issue several times since the repossession, with no resolution. In fact, customer service/collections agents keep telling me that the car loan is past due and ask me to explain the issue AGAIN ... even though it is in the notes of their servicing system. I requested a copy of the pay history, all correspondence and the notations - the CFPB servicing file - from Santander, and only received a pay history. I received a notice today, that they intend to sell the vehicle in a private auction on XXXX - this disclosure did not include any details of the auction, or even provide the total amount due. I called again today to discuss, and after 2 hours on the phone explaining the situation AGAIN, I was transferred to the Office of the President, where I was played a recorded message without ability to leave a message. In summary - this complaint is for Confusing, time-consuming, and unhelpful customer service. Repossession of the vehicle without completion of the mod Delivered a vehicle that is not worth the original value considering the condition Invested over $ 24K in repairs that is not being accounted for Improper demand notice - for sale of the asset
Company Response:
State: FL
Zip: 32082
Submitted Via: Web
Date Sent: 2017-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-08-29
Issue: Managing the loan or lease
Subissue: Problem with additional products or services purchased with the loan
Consumer Complaint: Auto loan contracts require one to maintain comprehensive and collision physical damage insurance on behalf of the lender throughout the term of the loan. I already had insurance coverage and a shop where repairs could be handled if necessary. Therefore, this additional coverage was neither necessary nor required. However, Santander through its third party representative, XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX ) placed XXXX XXXX XXXX insurance on the vehicle in 2013, and I was not made aware of the charge at the time. The additional charges financially harmed me totaling {$2500.00} dollars which was never refunded. I contacted the company and requested cancellation which was approved and was informed that Santander Consumer USA would be responsible for refunding the dollar amount applied to the loan within 8-10 weeks. ( See attached letter ). However, as of this date, I never received anything and it resulted in a high loan payment. Subsequently, I contacted the company and requested that they come and pick the vehicle up and advise me of the date of their arrival. Santander is reporting that the amount was charged off with an incorrect amount in which they doubled to make it show up on my credit report as thou I owe them {$5100.00}. Santander never refunded the {$2500.00} illegally added to the account.
Company Response:
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-08-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A