Date Received: 2021-10-27
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: on XX/XX/2021 sent a letter regarding inaccurate and unknown things on my credit report to this day over 60 days later I have not received a response yet. I feel like I'm being taken advantage of and being ignored of my disputes.For at least a year, every business day, three times a day I am harassed by phone calls. As of XX/XX/2021 I orally ordered them to cease and desist from all collection activity, only for them to continue to call me and I have proof as shown by exhibit G. They refuse to validate my debt and refuse to cease and desist from all collection activity. I have suffered damages due to the abuse and obscene language spoken verbally to me and via mail. Attached are supporting documents for my claim and all have been notarized, sent and resent via certified mail by the United States Postal Office. I have yet to receive a reply.
Company Response:
State: NY
Zip: 11236
Submitted Via: Web
Date Sent: 2021-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-27
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: XX/XX/2019 I got to XXXX in desperate need of a car. My previous car has died. I'm working full time in the XXXX XXXX, my credit is bad, i have XXXX judgements against me and am trying to just survive. The XXXX associate helps me find something that would work in my budget. He tells me not to worry about financing that he will help me out. Santander doesn't do a verification check, an employee check, a credit check to my knowledge and gives me a loan. At the time I'm very grateful to have a car and hopefully I can double up on my payments to eliminate the insane APR. Fast forward a few months I have to take leave from work for XXXX XXXX, I come back from that and am laid off. I communicate this with Santander and they say not to worry they will just add extra payments onto the end of the loan and my loan will always be current. I miss 5 of 6 months but am assured it will be backdated and everything will be fine. I never check my credit report I wish I had. In XXXX of last year I learn of a 35 state class action settlement for predatory lending, practices for Santander that includes my loan, the time period of my loan. I reach out to Indiana Attorney Generals office to get the consent judgment, file a request for it and wait until XXXX. Santander does not comply with what the judgment says. Does not delete the tradeline or correct the improper reporting on any of the credit agencies as they agreed to in the agreement. They claim that I am not part of this settlement. I want Santander to take responsibility for this like they agreed to. I am grateful they gave me a loan in a tremendous time of need but that does not mean it wasn't predatory : Credit score under XXXX XXXX Judgements Bad payment history No income verification 17 % APR on the loan Extended, though not defaulting the loan when 5 of 6 months were missed I wouldn't lend to me at that time. Fortunately my life has changed tremendously over the past 2 years. All of that negative stuff above is all but gone. I've corrected my life and have been healthy. My partner and I are trying to buy our first house and this Santander tradeline has been a huge stain. It's not accurate. They lied, then settled with these states and didn't do what they said they would in the judgement. I'm asking the CFPB to please investigate this, reach out to Santander and fix what is wrong. I'm not the only person this has effected this is widespread which is clearly indicated about their predatory nature in the 35 state judgement. I'm attaching my requests with the AG of Indiana 's office and the Judgement
Company Response:
State: IN
Zip: 46307
Submitted Via: Web
Date Sent: 2021-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-26
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: Back in XXXX Santander Consumer USA repossed my car, fraudulently. I did not ever miss 3 payments in a row nor did I miss 3 payments in the 3 years I had/owned the car. Their predatory lending ways would have them call me constantly if I was one day or ever late, they called insistently 24/7. When I requested they stop calling so frequently they said that was like putting them on a cease and decist so they could not reach me. I NEVER EVER KNOWINGLY did that. So when they wouldn't reach out to me one night they came and got my car out of the driveway. With the high interest rate I didn't attempt to get it back and called it even. In XXXX, TODAY hey are reporting on my credit report like this just happen in XX/XX/XXXX, which is a lie, which should be fraudulent and I don't know why it is coming up again like it is recent because it is not. I want them to fix it and not keep reporting it like it just happened. It is causing me undue financial hardship.
Company Response:
State: MO
Zip: 641XX
Submitted Via: Web
Date Sent: 2021-10-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-26
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I am XXXX XXXX and I am submitting this complaint myself and there is no third party involved. This item is reporting late, yet it is closed and the balance is XXXX as reported in my 3 Credit Bureaus. Lets correct this immediately. The Bureaus are required to verify for themselves, but they failed to neither verify nor update me about these complaints.
Company Response:
State: FL
Zip: 33176
Submitted Via: Web
Date Sent: 2021-10-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-26
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: On XX/XX/2021, at XXXX PM, I noticed a man named XXXX who is employed by XXXX XXXX XXXX attempting to illegally remove my automobile from my private driveway. After I had to repeatedly ask XXXX to provide his identification or license information, XXXX provided CA XXXX by pointing at the side of his tow truck. I had already called local law enforcement to the scene. When local law enforcement arrived, the police officers on the scene refused to verify XXXX 's identity and just took the work order on his cellphone as sufficient proof. I later found, XXXX had lied to the police and told dispatch, I banged on his window. The security cameras at my place of adobe will prove that is a complete fabrication. After getting threatened with arrest by local law enforcement, XXXX was illegally allowed to take possession of my automobile. After XXXX and local law enforcement were gone, I searched for XXXX 's license status on the Department of Consumer Affair website; it appears that the license number XXXX provided is not active to his name or industry. Pursuant to 15 USC 1692c ( b ) I did not give XXXX prior direct consent for communication. XXXX infringed on my right to privacy and terrorized me when he possessed my property without my consent.
Company Response:
State: CA
Zip: 93036
Submitted Via: Web
Date Sent: 2021-11-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-26
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I received a loan from Santander ( Louisiana ) in XXXX for my vehicle and they were since sued and the case was in favor of the defendant due to predatory lending. I am a victim as well and my loan has acquired many fees and I owe still a major balance and shouldnt at all! I have been with santander since XXXX but yet still owe a XXXX balance! how can that even be possible! Santander is also reporting negative information on my credit reports with XXXX AND XXXX, From my understanding according to the FCRA XXXX shouldnt be reporting at all due to the Litigation. I have sent XXXX and XXXX numerous letters about incorrect late payments but the payments are still coming back verified! How can this negative information be verified and the law clearly states its not supposed to even be reporting on my credit reports! But according to the FCRA Santander is in clear violation of the law. Under 15 USC 1681b. This is what I sent them and they still failed to abide by the law! Which is very concerning to me! The letter that was sent to both XXXX and XXXX -- -- -- -- ->>>>> Your company is in clear violation of the law. Under 15 USC 1681b - permissible purpose of consumer reports, THE LAW CLEARLY STATES : IN GENERAL Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Did I give you written instructions to furnish this account on my credit report? Furthermore, the FAIR CREDIT REPORTING ACT 15 USC 1681a ( 2 ) ( a ) ( i ) Exclusions from a consumer credit report clearly states : ( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does not include Subject to section 1681s-3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Delete the above late payments from my consumer report, this agency is in violation of 15 USC 1681. Failure to respond satisfactorily with deletion of the above referenced account, and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking {$1000.00} per violation for : Defamation of Character ( per se ) Negligent Enablement of Identity Fraud Fair Debt Collections Practices Act 15 USC 1692g violations Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] The law is the LAW! But yet these reporting agencies are still violating my consumer rights! This is affecting me negatively and me able to being approved for funding. THIS IS THE LAWSUIT AGAINST SANTANDER BELOW : Louisiana Attorney General XXXX XXXX, Illinois Attorney General XXXX XXXX, and 32 of their fellow attorneys general have achieved a settlement with Santander Consumer USA Inc. ( Santander ) that includes approximately {$550.00} XXXX in relief for consumers with more relief in additional deficiency waivers expected. Thousands of consumers were exposed to unnecessarily high levels of risk when they were placed into auto loans with a high probability of default, said General XXXX. This settlement with the auto loan giant not only provides relief to those consumers, but also requires Santander to factor in a consumers ability to pay a loan into its underwriting in the future. General XXXX and his colleagues allege that Santander, through its use of sophisticated credit scoring models to forecast default risk, knew that certain segments of its population were predicted to have a high likelihood of default. Santander exposed these borrowers to unnecessarily high levels of risk through high loan-to-value ratios, significant backend fees, and high payment-to-income ratios. The attorneys general also allege that Santanders aggressive pursuit of market share led it to underestimate the risk associated with loans by turning a XXXX eye to dealer abuse and failing to meaningfully monitor dealer behavior to minimize the risk of receiving falsified information, including the amounts specified for consumers incomes and expenses. Finally, the coalition alleges that Santander engaged in deceptive servicing practices and actively misled consumers about their rights, and risks of partial payments and loan extensions. Santander will pay {$65.00} XXXX to the 34 participating states for restitution, including {>= $1,000,000} to Louisiana, for certain subprime consumers who defaulted on loans between XXXX XXXX, XXXX and XXXX XXXX, XXXX. For consumers with the lowest quality loans who defaulted as of XX/XX/XXXX and have not had their cars repossessed, Santander is required to allow them to keep their car and waive any deficiency balance on the loan, up to a total value of {$45.00} XXXX in deficiency waivers. Santander will also pay up to {$2.00} XXXX for the settlement administrator who will administer restitution claims, and pay an additional {$5.00} XXXX to the states. Consumers that qualify for the settlement will be contacted at a later date. The settlement also includes significant consumer relief by way of loan forgiveness. In all, Santander has agreed to waive the deficiency balances for certain defaulted consumers, with approximately {$430.00} XXXX in immediate forgiveness of loans still owned by Santander, and additional deficiency waivers of loans that Santander no longer owns but is required to attempt to buy back. Going forward, Santander can not extend financing if a consumer has a negative residual income after taking into consideration a list of actual monthly debt obligations. Additionally, Santander is required to test all loans that default in the future to see if the consumer, at the time of origination, had a negative income. The test must include an amount for basic living expenses. If the loan is found to be unaffordable and the consumer defaulted within a certain amount of time, Santander is required to forgive that loan. Santander is barred from requiring dealers to sell ancillary products, such as vehicle service contracts Santander will also implement steps to monitor dealers who engage in income inflation, expense inflation, power booking, and Santander will enact additional documentation requirements for those dealers. Further, whereas Santander previously allowed these problematic dealers to waive documentation requirements on income and expenses, Santander no longer will allow such exceptions. If Santander has to use a default mortgage or rent payment value, the amount input must reasonably reflect the payment value for the geographic location. Finally, Santander will maintain policies and procedures for deferments, forbearances, modifications and other collection matters that all employees must follow. Joining General XXXX and General XXXX in this settlement are the attorneys general of California, Maryland, New Jersey, Oregon, Washington, Arizona, Arkansas, Connecticut, the District of Columbia, Florida, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Maine, Michigan, Minnesota, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Virginia, West Virginia, and Wyoming.
Company Response:
State: LA
Zip: 708XX
Submitted Via: Web
Date Sent: 2021-10-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-25
Issue: Managing the loan or lease
Subissue: Problem with fees charged
Consumer Complaint: i have an auto loan with santander and i am unable to make payments online or on the phone. Every month i am getting fess and late payments because i have to pay XXXX extra dollars to XXXX to make my payment. i have asked them about it over and over and they just say they dont know why i cant make the payment online or over the phone.
Company Response:
State: FL
Zip: 32068
Submitted Via: Web
Date Sent: 2021-10-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-25
Issue: Getting a loan or lease
Subissue: Credit denial
Consumer Complaint: On XX/XX/XXXX I visited XXXX XXXX XXXX of XXXX to extend my consumer credit to complete a consumer transaction. I was told they don't do paper applications anymore it was all online. So I chose the family vehicle and contained its specific information. I went home and initiated the extension of my consumer credit looking forward to satisfy my families need. The text message interaction with the salesman XXXX didn't go as pleasant as in person. XXXX told me a cosigner was needed. Then XXXX let me know, if no cosigner, there would need to be a deposit of cash put down. I requested to know if XXXX XXXX XXXX of XXXX participated in the Truth in Lending Act. That request was not answered. A few days go by and I return to complete the transaction Friday XX/XX/. XXXX was not in so I waited. Upon XXXX returning, I informed him of title 15 U.S.C. 1662 and that I would like to complete our transaction this day and sign the contract. XXXX said he did not understand the titled statute. XXXX introduced me to the finance manager whom name is XXXX XXXX XXXX. I relayed the same notice to XXXX concerning this consumer transaction and extending my consumer credit to XXXX XXXX XXXX of XXXX. At this point, XXXX let me know I was denied by XXXX XXXX after he stated they are not a lender and that Santander Consumer USA approved my application with a {$6000.00} down payment. This admission by XXXX and along with the printout of that " decision '', puts XXXX XXXX XXXX of XXXX, XXXX XXXX, and Santander in clear violation of the Truth in Lending Act, Regulation Z, Equal Credit Opportunity Act, and specifically 15 U.S. Code 1611 - Criminal liability for willful and knowing violation. XXXX did not finish nor disclose the necessary information requested and required and told me we are not doing business with you. As he stated such, I handed him a w9 to fill out and he refused to comply with such request. He stated he was done there so I requested to speak with the manager of the facility. XXXX did not go get the manager of operations but instead the manager of Sales, XXXX XXXX. IMMEDIATELY XXXX came to XXXX office and told me to leave. He stated we are done ... Ive heard your conversations and read the text messages, this is nonsense. I requested that the w9 be filled out and he refused as well. I requested his business card and he agreed only to take 4 steps and turn around to state because his cellular number was listed he changed his mind and would not be sharing said business card. I requested his name a few times and his titled positioned and left the premises. As the consumer I have been defrauded and mislead due to false and misleading practices by way of deceptive and unfair forms. Notice was given at input of application that the consumers private personal instruments and data was valued at {$60000.00}. XXXX XXXX XXXX of XXXX has shared that information with XXXX XXXX and Santander Consumer USA making that a total of 3 entities holding my valued instruments and data in their system. 3 times {$60000.00} is {$180000.00}. 16 CFR 433.1 - Definitions. 433.1 Definitions. ( a ) Person. An individual, corporation, or any other business organization. ( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use. ( c ) Creditor. A person who, in the ordinary course of business, lends purchase money or finances the sale of goods or services to consumers on a deferred payment basis ; Provided, such person is not acting, for the purposes of a particular transaction, in the capacity of a credit card issuer. ( d ) Purchase money loan. A cash advance which is received by a consumer in 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 who ( 1 ) refers consumers to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement. ( e ) Financing a sale. Extending credit to a consumer in connection with a Credit Sale within the meaning of the Truth in Lending Act and Regulation Z. ( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for cooperative or concerted activity in connection with the sale of goods or services to consumers or the financing thereof. ( g ) Business arrangement. Any understanding, procedure, course of dealing, or arrangement, formal or informal, between a creditor and a seller, in connection with the sale of goods or services to consumers or the financing thereof. ( h ) Credit card issuer. A person who extends to cardholders the right to use a credit card in connection with purchases of goods or services. ( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase Money Loan transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of this section. ( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
Company Response:
State: OK
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-10-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-25
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: My XXXX payment, XXXX payment were not posted until XXXX even though they were mailed on time. Due to snow storm in Texas. My XXXX, XXXX, XXXX payments all went to interest nothing to principal Making my credit look like I missed payments. I have been trying to deal with Santander Consumer USA since XXXX to straighten this matter out. I have gotten the same run around. XXXX XXXX referred me to you. I am also complaining about the 25 % interest rate. 36 states are suing them for their illegal practices. I want my account set straight. I've already paid them what I borrowed for this loan. I borrowed {$11000.00} and they want me to pay them {$32000.00}. That's outrageous and then they want to pull this kind of stuff. You can't take advantage of people because it snows and you don't work. My payments were consistently paid from the beginning of my loan the same time with no changes until the mess up of missing payments during the snow storm. You can see that from my attached spreadsheet with every money order number date and statement date and date they posted it from the beginning of my loan. You will see where they have taken payments that have been made and days later reversed the payments and made them again. I'm also attaching a letter explaining their letter and a copy of the first page of their letter. So you can see the confusing and messed up stuff they try to use to explain what they've done.
Company Response:
State: OH
Zip: 45044
Submitted Via: Web
Date Sent: 2021-10-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-25
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Buying a car is one of the most important purchases a person makes in their life and companies involved in any transaction need to be as transparent as possible, even when acting as an indirect auto lender. Santander Consumer USA Inc. An Illinois corporation with its principal place of business in XXXX XXXX XXXX Texas ( Santander ) In the course of trade or commerce, appear to have created a continual pattern of engaging in acts and abusive practices declared unlawful under the FDCPA. No one ever told me I had the ability to dispute a debt. I just recently became aware of my rights as a consumer ; therefore, my alleged consent to any contract if ever given was obtained through misrepresentation. This complaint shall serve as a dispute to any and all alleged debt. At this point as of XXXX XXXX, Santander has now unlawfully taken possession of my vehicle. A XXXX XXXX XXXX XXXX purchased for personal, family, and household purposes from XXXX XXXX XXXX of XXXX Florida on XXXX XXXX. This conduct has disturbed the peace within my household as this theft occurred while I was on a family trip in XXXX Georgia with my four dependents in tow. All location information associated and concerning my vehicle is for the state of Florida might I add. In turn while on this trip I have been a victim of identity theft and my bank account completely secured until I am able to make it into a local branch, I have a Florida based bank. So currently still as of today XXXX XXXX, myself along with my four dependents are stranded in the state of Georgia with no access to funds and no means of transportation to get back to our dwelling. It is my understanding that I partake in an open-end consumer credit transaction. I the consumer obtained an extension of my credit from Santander under the false pretense that I was acquiring a vehicle that I would eventually own. Santander as an indirect auto lender did not at any point provide adequate notice and the law clearly states within five days after the initial communication ( XXXX of XXXX ) to send the consumer a written notice. I have only received phone calls from Santander never any written notice. I logged on to the Santander Consumer USA website to retrieve the account number associated with the alleged debt to find the wrong address on the profile. I was evicted from the currently associated address on XXXX XXXX and was most certain not to use it for this reason. Santanders aggressive conduct has harmed me and my entire family. I have not had any contact or communication from Santander Since XXXX XXXX when a voicemail was left on my cell phone. This is after multiple calls a day every single day for at least 2 months. I have no clue as to where my personal property that Santander has unlawfully taken possession of, such as but not limited to, my plate, that was on the vehicle ( credit card per 15 USC 1602 ( l ) ), along with personal and business items located inside the vehicle. Santander a covered person under 12 U.S.C. 5481 ( 6 ) has in fact caused me financial detriments and violated the Fair Credit Reporting Act ( FCRA ) and Regulation V by furnishing consumer information to CRAs that it knew or reasonably should have known was inaccurate and without my direct consent. As though this wasn't enough, let 's add the theft of my vehicle causing the displacement of my ENTIRE FAMILY along with loss of income. Can you say immeasurable mental distress for myself and my children ; all with no ability for me to even use my legally mandated remedies ( I was never given adequate disclosure ) ; this is insane. They're sticking to the plan to criminally extort monies from consumers that are not owed, with no ability to challenge the alleged. I traded in my old vehicle along with additional cash for a down payment in this open-end consumer credit transaction to be left with nothing. What equal consideration has Santander brought to the table in exchange for all that I have lost? They're untouchable ; the most unfriendly, torturous people in business. Behavior like this is predatory, harassing, oppressive, abusive and harmful and will not be tolerated. The conduct described in the preceding paragraphs of this complaint constitutes deception, identity theft, unfair acts or practices, fraud, false pretense, false promises, misrepresentations, or concealment, suppression or omission of material facts with intent that others rely on such concealment, suppression or omission, in connection with the sale or advertisement of merchandise. While engaging in the acts and practices alleged in this complaint, Santander knew or should have known that its conduct was of the nature prohibited by FCRA as well as the FDCPA.
Company Response:
State: FL
Zip: 34221
Submitted Via: Web
Date Sent: 2021-10-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A