Date Received: 2021-12-04
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I am having trouble getting an account off my credit report that I am currently paying on. I am making monthly payment every month. I have reached out three times about the same issue. I need this to be removed off my credit soon as possible because I still have the vehicle in my possession. They will not talk to me and want remove this possession off of my credit report. Which is not right they are reporting as a charge off / collection. It should be listed as a current account. I am trying to purchase a home. I am trying to get to the bottom of this situation because it is causing a hold up on my home buying process. How can an account be a charge off / collection if I am currently making payments? I ask that you all investigate my situation in Dept. because I will not stop until I get answers.
Company Response:
State: SC
Zip: 29108
Submitted Via: Web
Date Sent: 2021-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-04
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I have filed a dispute on the incorrect fraudulent accounts, inquiries and public records on my credit report with the credit reporting agencies and it has been very much over 30 days and I have not received any investigation results. I want an answer immediately.
Company Response:
State: FL
Zip: 32224
Submitted Via: Web
Date Sent: 2021-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-04
Issue: Problem when making payments
Subissue:
Consumer Complaint: Ive called SANTANDER CONSUMER USA XXXX, and have asked their XXXX office multiple times if they could correct my billing error. Pursuant to XXXX XXXX XXXX ( B ) ( i ) - Correction Of Billing Errors I, XXXX XXXX, the natural living consumer and XXXX, has reason to believe and does so believe I have received a billing error from SANTANDER CONSUMER USA XXXX, and I need all disclosures required by federal law to satisfy the billing error dispute.
Company Response:
State: TX
Zip: 782XX
Submitted Via: Web
Date Sent: 2021-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-03
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: In early XXXX, upon applying for a mortgage on a newly built home, my mortgage lender discovered an account placed on my credit profile that has caused a severely crippling dilemma in my home purchasing process. According to the account being reported, there is a balance of {$5700.00} on a closed Chrysler Capital installment account. The account appears to have been opened XX/XX/XXXX, and has been delinquent since XX/XX/XXXX. Since learning of this inaccurate account information, I have spend several months in attempting to work with the different credit bureaus in disputing this information that is being reported. Although XXXX major reporting agencies have done the right thing and removed this fraudulent account from my credit profile, ONLY XXXX has continued to fail to do so. I have completed various proof of identify forms, filed police reports, as well as typing dispute letters along with my personal identification and mailing and faxing this to both Chrysler Capitol and XXXX. After nearly a year, no action has been taken. Even when speaking with representative from Chrysler Capital, I was told that my personal information that i had provided, did not match the account holder information that they had on file, so no further information could be given to me. I find what Chrysler Capital is doing is very unfair to me, deceptive and abusive in nature, as this can now cause me to lose a {$60000.00} deposit I placed on the new home. And XXXX is allowing this by continuing to report this account with accurate proof from Chrysler Capital that the account infract belongs to me. Because of the personal information not matching according to Chrysler Capital, I am left with no resolution in this matter. I have clearly been a victim of identity theft. I have explained to all parties that I do have the exact same name as my father ( First, Middle and Last ) and our social security numbers are also very similar. Although i do not know for certain who opened this account in my name, I do feel that I have provided enough information to XXXX through several attempts to remove this account from my credit profile.
Company Response:
State: FL
Zip: 33025
Submitted Via: Web
Date Sent: 2021-12-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-03
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: I paid off my car and received documentation on the payoff, but not the title on XX/XX/XXXX. This was with Gateway XXXX. However, at this time Santander had purchased Gateway. I originally filed a complaint after not being able to contact Santander in XXXX. CFPB XXXX # : XXXX Santander mailed me a letter following this complaint on XX/XX/XXXX stating that they released and mailed the title on XX/XX/XXXX. This date makes no sense as it was paid off in XXXX. They also said that a release of lien letter was requested on XX/XX/XXXX, and will be mailed out to me to take to the DMV to obtain the title. This was never received. I don't have a loan # or account with Santander, as gateway was the original loaner, and the loan was paid off at the exact time Santander purchased Gateway.
Company Response:
State: IL
Zip: 60451
Submitted Via: Web
Date Sent: 2021-12-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-03
Issue: Problem with the payoff process at the end of the loan
Subissue:
Consumer Complaint: On or about XX/XX/2021, I purchased a NEW Chrysler XXXX XXXX XXXX for my family. At the time, I took out a {$10000.00} loan from Chrysler Capital. I did so as part of the normal vehicle sales/purchase process. I took the loan knowing I would pay it off rapidly - as I took the loan solely to secure some purchase incentive that the Dealer suggested. I paid off the loan in XX/XX/2021 ( only 5 months later ). On XX/XX/2021, I received a written " Lien Satisfied '' letter from Chrysler Capital. Subsequently, I never received the title to the vehicle. I sent 3 written communications to the Chrysler Capital website portal. ALL of those went without meaningful or substantive response. I also called 3 times. The hold times are excessive and no one seems to care. The last two agents I spoke with had ID # XXXX and ID # XXXX. The first rep told me she saw the issue and would re-issue the title to me at my address of record. NOTHING was ever received. I forced to call again only to go through the same nonsense. No one seems to understand what is going on. I asked to have this escalated to Legal and nothing was done about that either. I am hostage to this situation as ONLY Chrysler can instruct the release of the lien and delivery of the vehicle title. I need someone in management to take ownership of this and get it resolved. It is simply ridiculous that something as basic and fundamental as this can not be resolved and executed properly.
Company Response:
State: DC
Zip: 20016
Submitted Via: Web
Date Sent: 2021-12-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-02
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: Dear Sir or Madam, 1. SANTANDER Account Number:XXXX Please correct this inaccurate information on my credit report. I recently pulled my credit report from your Bureau and my attorneys and I had a chance to go over my credit report and in amazement, that you have decided to report me 30 days late on this account in XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX. I immediately disputed this information with SANTANDER and the results of the investigation came back " verified ''. Not only was I never late on this account, but according to the Fair Credit Reporting Act ( FCRA ), the information furnisher is required to notify me of the insertion of negative listings. Since I have disputed the lates with the creditor, and you obviously " verified '' them, I am very curious as to what kinds of " records '' you may have for this alleged account. I am very confident that you are in violation of the ( FCRA ) and ( FCBA ) sections ( 1666, 1666a. 1666b., and 1666c. ) as stated below : 1666. Correction of billing errors ( b ) Billing error ( 4 ) The creditor 's failure to reflect properly on a statement, a payment made by the obligor or a credit issued to the obligor. ( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement. ( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required. ( 7 ) Any other error described in regulations of the Bureau. 1666a. Regulation of credit reports ( a ) Reports by creditor on obligor 's failure to pay amount regarded as billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligor 's credit rating or credit standing because of the obligor 's failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts. ( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency. ( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported. 1666b. Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. Because I take my credit very seriously, I contacted every name and account that was listed on the report. I was again very shocked by the multiple names, account numbers and figures. Included with this letter, is every letter written to those who have hampered my ability to obtain credit. I believe that any judge that looks over the report would agree that it is a violation of both the FCRA, CCPA and FACTA. The following accounts were listed on your report and I have demanded from them a full accounting and five years worth of records to see if their accounts were in violation of the FAIR CREDIT BILLING ACT ( FCBA ). We also demanded signed contracts, agreements or any legal paperwork that would tie us to the following accounts. Under the FCRA, you are required to conduct an investigation on this account if I request it. I DEMAND to see all 100 % verifiable proof that I was indeed Verifiably late on these accounts and the creditor fulfilled its obligations under ( FCBA 1666 ( a ) ( 2 ) ), As I was never notified of a billing delinquency on my accounts, which the creditor must do under section ( FCBA1666 ( b ) ( 6 ). I DEMAND to see proof that I was mailed my statement to the correct address notifying me of both payment due date and delinquency of payment on the account. If you can not provide 100 % Verifiable proof and proper documentation that the CREDITOR fulfilled its obligations under the ( FCBA ) and ( FCRA ), I therefore demand these late payments be removed from my account or I will be forced to be in contact with the Attorney General of my State and the Consumer Financial Protection Bureau. I therefore am submitting my written request to you to conduct an investigation. Per the FCRA, you have 30 days to conduct this investigation and respond to my request. If you do not respond within this time period, per the FCRA, you must remove this negative information. Thank you for your time, XXXX XXXX SS # : XXXX Date of Birth : XX/XX/XXXX BCC : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response:
State: TX
Zip: 75232
Submitted Via: Web
Date Sent: 2021-12-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-01
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 settled a debt with XXXX for a car loan on a close account from 2015. I called from a XXXX and on a recorded line XXXX representatives states that my settlement of {$1500.00} would remove this from my account. After filing a dispute with XXXX the results came back as if I never settled with Santandar and the results said Santadar said everything was accurate. This is Fraud as the FCA confirms my rights ; I have a receipt of the transaction, and a recording of the settlement. This is now XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: CA
Zip: 92103
Submitted Via: Web
Date Sent: 2021-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-01
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: I am a consumer and natural person and I have exercised my right to rescind any transaction and XXXX is violating Federal Law by not adhering to what the effects of rescission is. This complaint is my CLAIM under 16 Code of Federal Regulations 433.2 which is found in my consumer credit contract from XXXX dated, XX/XX/XXXX. On XX/XX/XXXX prior to my relocation to XXXX XXXX XXXXo start a family and my new job I got in contact with XXXX XXXX of XXXX via text and phone call from XXXX, XXXX XXXX. He took my credit card information over the phone and ran my credit. I now know this was a credit sale and he used my social security card as the device to extend credit to myself. These definitions are found under the Truth in Lending Act, 15 USC 1602. He claimed we have more than enough time to get the car I wanted transported from another location of XXXX, to the one closest to the Airport that I would be flying into at XXXX XXXX XXXX, XXXX, XXXX XXXX. I landed in XXXX on Friday XXXX XXXX and rented a car for 4 days. I got a call and text from XXXX XXXX on XXXX XXXX stating that " the car is here but we haven't gotten all the paperwork yet. '' I was at my cousins funeral that day so I cut the conversation short out of frustration and death in my family. With this delay, I had to extend my car rental another day which became very costly all due to XXXX 's error and unprofessionalism. XXXX XXXX shared it was out of his control, however he does have another car ready to go but it's {$2000.00} more than what I budgeted for. I asked to speak to the Manager about getting a better deal, but no opinions were swayed. In desperation, I took it. I needed a car for personal use to get to work almost an hour away from my abode in XXXX XXXX to XXXX XXXX XXXX, TX. I was sold a XXXX XXXX XXXX with a recall on the hood latch. When it came time to indorse the consumer credit contract, defined as any instrument which evidences or embodies a debt arising from a XXXX XXXX XXXX transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of this section ( 16 CFR 433.1 ) ; this is when my Fianc and I were made to feel very uncomfortable. I filled out a credit application and it got converted into a loan application, how? XXXX XXXX, another XXXX sales Rep. made everything feel nice and safe and then representatives were swapped out when it came time to sign the Consumer Credit Contract '' which is a negotiable instrument pursuant to 16 Code of Federal Regulations 433.1 ( i ). Negotiable instruments means an unconditional promise to pay a fixed amount of money, with or without interest or other charges described in the promise, pursuant to Uniform Commercial Code 3-104. This consumer credit contract contains language a promissory note would have. On page 1 it states, " PROMISE TO PAY. '' I endorsed it on the back with " PAY TO THE ORDER OF : SANTANDER CONSUMER, USA BY : XXXX XXXX without recourse. '' When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person. On XX/XX/XXXX outside the repass of my cousins funeral, I asked my fianc to contact Santander Consumer USA to find out who we should indorse the instrument ( consumer credit contract as defined in 16 Code of Federal Regulations 433.1 ( i ) ) to. A professional from Santander Consumer USA, ID number : XXXX at XXXX stated that I would be able to indorse the instrument at the XXXX Dealership. XXXX XXXX, a Business Office Associate looked plum red when he returned from the back office with a duplicate of the page I specially indorsed pursuant to Uniform Commercial Code 3-205 stating, " My manager said that we can not accept any alterations on the contract .... '' My fianc asked XXXX if he was giving legal advice on a consumer credit contract that is governed by Federal law? XXXX hesitated and said, " I can get my manager out here right now if you want? '' This made me feel nervous and intimidated, as if I were was in the wrong for specially indorsing an instrument. XXXX then followed that with, " We can cancel this entire thing, we will not give you the keys unless you re-sign this contract as instructed and without indorsement. XXXX had the keys in her hand the entire time, backing up XXXX. I left the lot feeling deflated, rather than elated about my purchase as a consumer who financed a sale ( 16 CFR 433.1 ( e ) ) from XXXX as a Seller ( 16 CFR 433.1 ( j ). My claim is that I was violated as a consumer under the Truth in Lending Act. I tried to state my claim in person on XX/XX/XXXX in the XXXX Dealership and was intimidated not to. Within my instrument 16 Code of Federal Regulations 433.2 is meant to preserve my claims and defenses and I have attached proof in support of my CLAIM. Knowing that I have been violated I rescinded the transaction by notifying XXXX in writing as prescribed in 12 CFR 1026.23 ( a ) ( 2 ) - Right of rescission. It reads, " To exercise the right to rescind, the consumer shall notify the creditor of the rescission by mail, telegram or other means of written communication. Notice is considered given when mailed, when filed for telegraphic transmission or, if sent by other means, when delivered to the creditor 's designated place of business. '' 15 USC 1635 ( f ) states, An obligors right of rescission shall expire three years after the date of consummation of the transaction or upon the sale of the property, whichever occurs first, notwithstanding the fact that the information and forms required under this section or any other disclosures required under this part have not been delivered to the obligor. I was not given the proper disclosures required so I was within three years from the time I sent XXXX notice by mail. 12 CFR 1026.23 ( a ) ( 2 ) says, Notice is considered given when mailed. I was not given a notice of my right to rescind or any forms that should accompany it to exercise my right. XXXX XXXX to Part XXXX Open-End Model Forms and Clauses, form XXXXXXXX XXXX Form ( For Each Transaction ) is from the CONSUMER FINANCIAL PROTECTION BUREAS website, so XXXX should have no excuse as to where these form are located. They have willfully hide this right from me. I have mailed in my notice of rescission via USPS Express Mail, tracking number : XXXX XXXX XXXX XXXX XXXX. XXXX responded by saying, " Your correspondence stated no legitimate claims against XXXX. '' " You signed a retail installment contract agreeing to its terms. '' I agree, and part of its terms is preserving my rights when I have claims and defenses when I am violated. I believe the the contract I signed was false and misleading contract and my instrument was taken without indorsement so that it can be immediately sold to Santander Consumer USA. 12 U.S. Code 1813 ( l ) explains that money or its equivalent, any such account or instrument must be regarded as evidencing the receipt of the equivalent of money when credited or issued in exchange for checks or drafts or for a promissory note upon which the person obtaining any such credit or instrument is primarily or secondarily liable. The Uniform Commercial Code 1-201 ( 24 ) defined money as a medium of exchange currently authorized or adopted by a domestic or foreign government. The term includes a monetary unit of account established by an intergovernmental organization. So my Consumer Credit Contract was converted into money, which should have been provided to me in the form of a Purchase Money Loan under 16 CFR 433.1 ( d ) A cash advance which is received by a consumer iIN RETURN for a Finance Charge within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller. The finance charge should have contained the sum of all charges as stated in 15 USC 1605 ( a ) - the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges. I have been frauded and my only remedy and protections lies with the Truth in Lending Act and the enforcement of the CFPB.
Company Response:
State: TX
Zip: 770XX
Submitted Via: Web
Date Sent: 2022-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-01
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: I obtained a loan through a finance company picked out by a dealership, not knowing the finance company had been sued by the FTC for the same thing that they did to me. Santander was sued for giving low-income people loans and then finding a way to cancel the loan for repossession. This complaint is attached to complaint number XXXX. I financed a vehicle through XXXX XXXX. The vehicle had transmission issues within 48 hours of me having the vehicle. After getting an attorney and making multiple complaints the dealership reversed the contract and gave Santander Consumer USA their money back. Santander reposed the vehicle, although they knew of the faulty vehicle. They did not inform me of the auction. They still three months later have not allowed me to obtain my personal belongings from the vehicle. I have tried calling, sending in letters and no one will speak with me. I never made a payment because I contacted both XXXX XXXX and Santander Consumer to let them know the transmission was slipping in this vehicle. I was not obligated to make a payment on a vehicle that was sold to me without informing me of the problems. After the vehicle was repossessed, I was not able to obtain my personal belongings, but furthermore Santander Consumer failed to give me notice of the auction-according to the FTC rules . I would like to see the certified letter that was mailed to me before I obtain legal counsel.
Company Response:
State: AR
Zip: 722XX
Submitted Via: Web
Date Sent: 2021-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A