Date Received: 2017-07-21
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I bought certified pre-owned car at a dealer. They recommended Santander Consumer USA bank to get loan from. Interest rate was very high, that 's why I decided to pay more than specified in documents. I have consulted with bank itself that I will not have any issues or fees or anything paying more than specified. For the last 4 month bank has messed with : 1. My last name. I was not able to pay. They did n't respond & fix until I escalated an issue. 2. I still have incorrect last name in web app, as they ca n't do anything with it. 3. On XXXX I was not allowed to pay using ACH, only certified funds, because " You have paid too much ''. Yes I want to pay my debt in 1Y. I told that from the beginning. 4. Payment on XX/XX/XXXX was not partially applied towards principal even though I asked that ( " please use {$220.00} as regular payment for XXXX and {$1200.00} apply towards principal '' ). 5. I asked SECOND time in XXXX to do that the same manner. 6. In the middle of XXXX I found that I 'm PAST DUE. Even though I paid XXXX in XXXX, My regular payment is {$220.00} per month. My due day is XXXX of each month. My first payment was scheduled to be on XX/XX/XXXX. I keep track of all payments in XXXX file. Specifically to track this kind of fraud from banks. So these are my payments ( I have not included transaction numbers, but I have it ) : Date Amount Transaction No 1.XX/XX/XXXX {$1000.00} XXXX 2. XX/XX/XXXX {$1000.00} XXXX 3. XX/XX/XXXX {$1000.00} XXXX 4. XX/XX/XXXX {$1000.00} XXXX 5. XX/XX/XXXX {$500.00}? ( did n't write ) 6. XX/XX/XXXX {$1500.00} XXXX 7. XX/XX/XXXX {$1200.00} XXXX I always ask to use money following way : what is exceeding regular payment should be applied towards principal. The last payment made on XX/XX/XXXX was not applied at all towards principal. So I wrote SECOND time in XXXX. First, I 'm 99 % sure they EITHER did not apply {$220.00} for the last payment of {$1500.00} ( the one I asked to be even though I requested that ) OR possibly they applied it TWICE towards the same month XXXX. The last 1 % - I made a mistake and asked something incorrectly. For that last 1 % - bank has not notified me at all that this will happen. In addition to that, they said I 'm 19 days past due. Even though I paid on XX/XX/XXXX, which is 12 days past due! This is surreal and unacceptable. This all looks like fraud.
Company Response:
State: GA
Zip: 300XX
Submitted Via: Web
Date Sent: 2017-07-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-21
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I submitted a complaint to CFPB ( XXXX ) and Santander denied the allegation and were snide in their response as well, I might add. Per Santander 's letter dated XX/XX/XXXX, 'We respectfully decline to request any changes to the information provided to the credit reporting agencies '. To this I reply, " Santander, you are not at liberty to decline. It is the law that you delete the information per The Fair Credit Reporting Act and the State Attorney Generals Office of Consumer Affairs, because it is not accurate information as you purport. '' You are not truth telling when you state in your letter that you are reporting in a consistent and accurate manner to the agencies. I have attached, and have hard copies, from the three different credit bureaus to prove that you in fact have been reporting different balances and payment histories to all three agencies, to include wrong/different reporting for the month of XX/XX/XXXX. Ill regardless of my payment arrangement, that I made a payment on today, you must delete the account as I am requesting by law, as you have violated credit reporting laws, and refuse to obey and delete. '' In your letter you mention a {$100.00} difference you credited me in the total remaining balance on my settlement agreement as the reason for the credit agencies having different totals, etc. The difference you are reporting to XXXX and XXXX is a {$2700.00} difference. And the XXXX difference in comparison to what is being reported to XXXX is $ XXXX.You Santander , suggest request that I contact the Credit reporting agencies regarding discrepancies. You contradict your earlier statement of, 'Santander is merely a furnisher of credit information, and not the agency, and has no control of the contents of credit history maintained by the agency. ' You are the original reporter and must request that they delete this inaccurate/inconsistent account from all three agencies. I did not say delete my payment arrangement, I said delete this account off my record as is your responsibility to me the consumer, per fair credit reporting laws.
Company Response:
State: TX
Zip: 75240
Submitted Via: Web
Date Sent: 2017-07-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-20
Issue: Managing the loan or lease
Subissue: Problem with additional products or services purchased with the loan
Consumer Complaint: I purchased a XXXX XXXX a little over 2 years ago. I had a problem with the car about 5 months ago where the car lost power and was making a noise and it ended up going to the XXXX dealership to look into issue and the local dealership reported to corporate and it ended up being an issue with the motor that was a problem with a lot of the XXXX XXXX, but not yet a recall. XXXX corporate agreed to put new motor in it, but it was actually a refurbished motor. It had a 10,000 mile warranty on it. And after a few days I returned to the local XXXX dealership, XXXX XXXX XXXX in XXXX XXXX, FL to report that the rpm 's was dropping and going up & down, they checked it out and said it was nothing, that it was ok. I reported back to them several times over the next few weeks or so that it was still doing it and questioned some other things it was doing as well, they threw it off and kept saying it was nothing. My 10,000 mile warranty has now ended. I was traveling at about 45-50 mph last week, and my car completely stalled on me in the middle of the road, it would do absolutely nothing and would n't crank back up. I had received a notice in the mail about a recall on my car from Department of Savety Motor Vehicles that it would stall at a high rate of speed and could cause a serious accident to take it to the nearest dealership for the recall to be fixed. I also looked online and entered my VIN number and confirmed it was an open recall on the type of motor they just put in, my previous motor was a short block and this new one was a long block, so it was in fact a new recall on the new motor put in. I took it to the local XXXX dealership again to have them fix the recall, they checked it out and said nothing was wrong with it, said they have a special tool that XXXX designed to stick in the motor to see if motor is bad, also tells them if it will have future problems even if motor is good now. So they declined to fix the recall on my vehicle. Advised me to drive it until something happens, so I asked them, so you are saying you want me to drive this vehicle until something happens and risk getting into this serious accident, and I was basically told yes. I advised them that I will be contacting the Department of Safety Motor Vehicles who sent this notice out and I would be putting in other complaints as well, them they said why would I do that, and so on. I tried to go get another vehicle today and was approved but this car had too much left over to add onto new car loan, and the dealership did n't want to be bothered with it knowing what was going on with it, and said that it 's not my credit, it 's the car, I was approved to get a brand new car with {$0.00} down, but they said I need to get this car off my credit. So I ca n't do anything. I ca n't get the vehicle fixed and it has me where I ca n't get a new vehicle, this is too much going on with recalls with XXXX 's and now them not wanting to fix them. I just want another car, I have so much money stuck into this car, I 've never been late on a payment. I need for my finance company, Santander, to agree to remove this vehicle from credit, finance me another vehicle which they are the ones the dealership just tried to get new loan with, or something, I would like to get some of my money back, if possible, but I definitely need them to work something out, I ca n't drive a car that has a safety recall on it. I also need something filed against XXXX not wanting to fix recalls in their vehicles, especially when it 's a open recall.
Company Response:
State: FL
Zip: 320XX
Submitted Via: Web
Date Sent: 2017-07-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-20
Issue: Managing the loan or lease
Subissue: Problem with the interest rate
Consumer Complaint: I 'm XXXX 2014 I purchased a XXXX XXXX my finance amount was XXXX which is ridiculous even with negative equity. Santander Consumer USA is a joke. I was never told this simple interest. I have paid on my loan since then and my amount has barely been touch what I owe. It 's impossible to get anywhere near what I owe. I contacted them numerous times because we had a financial hardship. I have been harassed at work and cell phone with calls. I contacted them and went higher up. I did a program and lowered my payment for 6 months. It was supposed to be automatically withdrawn. It was n't. I was told no fees or payments would be accessed. I have some chat transcripts and more dates. I think they should have to eat the car and the money. I would gladly give back to them.
Company Response:
State: NC
Zip: 270XX
Submitted Via: Web
Date Sent: 2017-07-20
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-19
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: OnXX/XX/XXXX I called Santander Consumer about my XXXX payment. I stated that I was not going to be able to pay the full amount and the customer service rep informed me that she could offer me an " extension '' on my loan that would put XXXX and XXXX 's payment on the back of my loan. I agreed and the customer service rep informed me it would take up to 10 days for Santander to process the extension on my loan. I called back and asked about the paperwork they were supposed to send me she stated that I would get an email and when I received the email to electronically sign the docs and my next payment would be on XX/XX/XXXX. I did n't receive the email until XX/XX/XXXX. I did everything they asked of me and thought everything was fine. I have my account to be set up with recurring debits so Santander actually still got a payment for XXXX in the amount of {$300.00}. Then in early XXXX I get a notification that I am 30 days late in XXXX. How can I be late in XXXX if my XXXX and XXXX payment was " extended '' and put on the back of my loan?? I called Santander and they stated that the paperwork was not finished processing until XX/XX/XXXXso that 's why its a late on my credit. Santander waited until my account was 30 days late then they processed the paperwork. That is fraud because they purposely waited until my account was past due then processed the paperwork. I called Santander to resolve this problem but they will not correct it. How can Santander say I was late for for a month that they put on the back of my loan. I have never been late or missed a payment since XXXX of XX/XX/XXXXwhen I got this loan and I have my account set up for recurring payments so this wont happen.
Company Response:
State: IL
Zip: 60653
Submitted Via: Web
Date Sent: 2017-07-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-18
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: Account Number Creditor Information XXXX **** SANTANDER CONSUMER USA XXXX XXXX XXXX Condition XXXX XXXX , TX Closed XXXX Current Balance {$0.00} Phone # : XXXX $ Original Balance XXXX Opened XX/XX/XXXX Reported XX/XX/XXXX Remarks Closed THIS SHOULD ALREADY BE OFF MY CREDIT REPORT IT HAS BEEN PAID IN FULL. AND THE ACCOUNT IS CLOSED.
Company Response:
State: SC
Zip: 298XX
Submitted Via: Web
Date Sent: 2017-07-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-18
Issue: Managing the loan or lease
Subissue: Problem with fees charged
Consumer Complaint: My wife and I got an auto loan on a brand new XXXX XXXX XXXX t through Chrysler Capital in XX/XX/XXXX . The amount financed was {$25000.00}. We have been paying for the loan every month since XX/XX/XXXX when the first payment was due. The monthly payment is {$550.00} and is due on the XXXX of each month. As of XX/XX/XXXX the loan was current however the payoff amount was quoted as {$24000.00}! Of the payments we have made at least 9 of them ( that we know of ) went to interest only! I have been paying on this loan for over 2 years at $ XXXX /month and we only owe {$1000.00} less than when we started. So on XX/XX/XXXX I contacted them to make a large lump sum payment of {$6000.00} to bring down the principal and bring the vehicle closer to its value to attempt to trade it in or refinance the loan. They would not allow me to make a payment online or over the phone by any payment method, for more than {$2000.00}. So I had to pay {$23.00} to have a personal check overnighted to them. They received it and posted it on XX/XX/XXXX ( before the due date ). I then logged in only to see that of the {$6000.00} on-time payment they applied {$4800.00} to principal, {$1000.00} to interest, and charged me a {$130.00} fee! I immediately called and told them to apply my entire {$6000.00} payment to principal so I could pay this loan down. They said it would take a few days, and they finally posted it to my account on XX/XX/XXXX . Today I logged in, and despite paying them {$6000.00}, they are considering my loan past due. As of XX/XX/XXXX the payoff amount is {$18000.00}. I feel we being completely taken advantage of. This was our first loan following a bankruptcy and we are attempting to rebuild out lives. At this point the vehicle is only worth {$8000.00} ( NADA average trade in value ). At this point I have already been approved by another lender to refinance the loan, however they are not willing to send a payoff of more than {$16000.00} because of the vehicle 's value. It is not fair that we are being taken advantage of because of a previous bankruptcy.
Company Response:
State: VA
Zip: 201XX
Submitted Via: Web
Date Sent: 2017-07-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-17
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: This is a statement showing what fraud has taken place between CHRYSLER CAPITAL, LLC and XXXX XXXX XXXX XXXX Estate. On XX/XX/XXXX a decision by the XXXX XXXX XXXX XXXX XXXX Estate was made to purchase a XXXX XXXX XXXX vin # XXXX in the amount of {$37000.00} using CHRYSLER CAPITAL as the institution as a third party to access the funds from the private account of XXXX XXXX XXXX XXXX XXXX Estate t o show the purchase on the public bookkeeping records. Upon the signature of the living being XXXX XXXX XXXX XXXX permission was given to CHRYSLER CAPITAL to access the account and settle the balance of {$37000.00}. On the XXXX month of XXXX CHRYSLER CAPITAL began its fraudulent correspondences via mail and email of the extortionist payments thru threat and duress and coercion, at that point CHRYSLER CAPITAL choose to omit the truth about the fact that CHRYSLER CAPITAL took the original promissory note and deposited it into their account and was paid in full at that point. XXXX XXXX made payments on the account that was paid in full once CHRYSLER CAPITAL deposited the note in the bank account. Around XX/XX/XXXX I began returning the payment coupons back for payment and they began reporting to the credit agencies as non payments but they never told us that we had to satisfy the loan in any specific matter of payment matter. XXXX XXXX XXXX XXXX Estate se nt a promissory note to settle the balance and called and spoke to the representatives and informed them of the note and that someone needed to correct the account balance to XXXX ( {$0.00} ). After speaking back and forth with several agents in several departments for several months with no satisfaction on the matter it was escalated to the CEO of CHRYSLER CAPITAL ( XXXX XXXX ). XXXX XXXX XXXX XXXX Estate then sent a Bill of Exchange and letter of credit once again giving permission to accept theses for value and to settle and discharge the account as the last and final attempt to have CHRYSLER CAPITAL remain in honor. After speaking with a representative on Monday the XX/XX/XXXX and informing her that the account has now been sent to the CEO 's office and he will be out of town until the XX/XX/XXXX she informed me that they would cease all activity until this matter was handled as XXXX XXXX XXXX XXXX Estate h as sent several request for validation of the loan and disputed the amount that was said to be owed. On Friday the XX/XX/XXXX CHRYSLER CAPITAL hired a henchman to steal the XXXX XXXX XXXX and secure at the business known as XXXX XXXX XXXX XXXX , who are in possession of stolen property and will be included in the lawsuit against CHRYSLER CAPITAL for breach of contract, theft over {$5000.00}, trespass on private property, and violations of the United States Code, Title 12, Sect. 24, Paragraph 7, violation of the Uniform Commercial Code 3-603 ( tender of payment ) 3-604 ( Discharge by cancellation or renunciation ) 3-108 ( performance or acceptance under reservation of rights ) and the United States Constitution. see the following cases : C.E. XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX XXXX XXXX . XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX . XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX . XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX . XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX . XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX XXXX . XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: MD
Zip: 20653
Submitted Via: Web
Date Sent: 2017-07-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-17
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I filed a complaint with you all on santander a month or so ago and they removed from my credit report as a debt relief attached is a copy of the response from then well here it iw months later they have sold my information to another company after agreeing to remove from my credit which they did but they never states they were going to sale my information attached is a letter of that as well
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2017-07-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2017-07-17
Issue: Struggling to pay your loan
Subissue: Lender trying to repossess or disable the vehicle
Consumer Complaint: I have a loan from Santander and they are threatening repossession. I paid {$600.00}. The first of this month. I am a XXXX XXXX person and my invoice was not paid for 2 months due to an audit so all my accounts were over drawn. I lost XXXX dollars in overdraft bank fees. I need this vehicle until I can get another one in a month or two. I am paying 20 % rate. The car has XXXX dollars a month note. I have been having problems so I need to fix it. After nearly 2 years. I owe the same about on the viechle as I did when I bought it. FOR IMMEDIATE RELEASE Wednesday, XX/XX/XXXX Justice Department Reaches Settlement with Santander Consumer USA to Resolve Allegations Concerning Over 1,100 Illegal Car Repossessions Against Service Members Santander Consumer USA Inc. has agreed to pay at least {$9.00} million to resolve a lawsuit by the Department of Justice alleging that the motor vehicle lender violated the Servicemembers Civil Relief Act ( SCRA ), the Justice Department announced today. The complaint and the settlement, which is subject to court approval, were filed today in the U.S. District Court for the Northern District of Texas.
The settlement covers the improper repossessions of 1,112 motor vehicles between XX/XX/XXXX and XX/XX/XXXX . The proposed consent order represents the largest settlement for illegal automobile repossessions ever obtained by the United States under the SCRA. This is a just resolution that will provide service members with financial relief and help repair their bad credit caused by Santanders improper repossessions and fee collections with respect to more than 1,100 cars, said Acting Associate Attorney General XXXX XXXX . The Department of Justice will continue devoting time and resources to protect our service members and their families from such unjust actions and hold bad actors accountable. '' Those who answer this nations call to duty understandably have much on their minds while they are in military service, said Acting Assistant Attorney General XXXX XXXX of the Civil Rights Division. Whether their car will be seized and sold at auction should not be an additional worry. We will continue to vigorously pursue lenders who fail to take the simple steps necessary to determine, before repossessing a car, whether it is owned by a service member. The SCRA protects service members against certain civil proceedings that could affect their legal rights while they are in military service. It requires a court to review and approve any repossession if the service member took out the loan, and made a payment, before entering military service. The court may delay the repossession or require the lender to refund prior payments before repossessing. The court may also appoint an attorney to represent the service member, require the lender to post a bond with the court and issue any other orders it deems necessary to protect the service member. By failing to obtain court orders before repossessing motor vehicles owned by protected service members, Santander prevented service members from obtaining a courts review of whether their repossessions should be delayed or adjusted in light of their military service. The lawsuit alleges that Santander initiated and completed 760 repossessions, without court orders, of motor vehicles owned by SCRA-protected service members. The agreement requires Santander to pay {$10000.00} plus compensation for any lost equity ( with interest ) to each of these service members. The lawsuit also alleges that Santander sought to collect fees arising from an additional 352 repossessions that unrelated motor vehicle lenders had conducted in violation of the SCRA before Santander acquired the loans. The agreement requires Santander to pay {$5000.00} to each of these service members. Santander also must repair the credit of all affected service members. The SCRA is an important protection for the men and women serving our country in the armed forces, and this settlement not only will rectify the past improper repossessions of service members vehicles but will work to prevent such improper repossessions in the future, said Acting U.S. Attorney XXXX XXXX of the Northern District of Texas. For future repossessions, the settlement requires Santander to check the Defense Departments automated database to see if a cars owner is in military service prior to conducting a repossession. The Department of Justice first learned of Santanders repossession practices through a referral from the U.S. Armys Legal Assistance Program. The referral involved a claim that Santander illegally repossessed the car of a service member, U.S. Army Specialist XXXX XXXX , in the middle of the night, after having been informed that he was at basic training. The department also opened its investigation after learning that Santander used an arbitration clause included in its loan documents to prevent a second service member from pursuing systematic relief through a class action lawsuit he filed alleging that Santander had repossessed service members vehicles in violation of the SCRA. As part of its investigation, the United States has already identified Santanders illegal repossessions, and efforts to collect unlawful repossession fees, occurring between XX/XX/XXXX and XX/XX/XXXX . Service members identified based on that investigation will be contacted by an independent settlement administrator later this year. The settlement also requires Santander to conduct a review and provide compensation for any additional unlawful repossessions that may have occurred since XX/XX/XXXX . All service members who are eligible for compensation from the settlement will be contacted by the administrator, and do not need to contact the Department of Justice. The Justice Departments enforcement of fair lending laws is conducted by the Fair Lending Unit of the Housing and Civil Enforcement Section in the Civil Right Division. Since the Fair Lending Unit was established in XX/XX/XXXX , it has filed or resolved 37 lending matters under the Fair Housing Act, the Equal Credit Opportunity Act, and the Servicemembers Civil Relief Act. The settlements in these matters provide for over {$1.00} billion in monetary relief for impacted communities and individual borrowers. The Attorney Generals annual reports to Congress on ECOA highlight the departments accomplishments in fair lending and are available at www.justice.gov/crt/publications. The Civil Rights Division is a member of the Financial Fraud Enforcement Task Force. President Obama established this task force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets and recover proceeds for victims of financial crimes. For more information on the task force, visit www.StopFraud.gov. TopicCompany Response:
State: OR
Zip: 97203
Submitted Via: Web
Date Sent: 2017-07-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A