Date Received: 2021-10-21
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: I am a victim of Identity theft. Please delete or remove this item on my behalf. This item is not mine and this is greatly affecting me and my personal life. I request that you block the following information and Please let me know if you need any other information from me to block this information from my credit report. Thank you
Company Response:
State: GA
Zip: 31763
Submitted Via: Web
Date Sent: 2021-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-21
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Please remove all accounts listed, my information was compromised in a Data Breach. This debt has not been validated.
Company Response:
State: IN
Zip: 46235
Submitted Via: Web
Date Sent: 2021-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-20
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. Basically, I finance 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.
Company Response:
State: AR
Zip: 722XX
Submitted Via: Web
Date Sent: 2021-10-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-20
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I purchased a car from XXXX XXXX XXXX for a cash price. after the purchase was completed I received letters in the mail about financing a car. I never financed a car and I also did not give anyone permission to use my credit
Company Response:
State: IL
Zip: 60629
Submitted Via: Web
Date Sent: 2021-10-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-20
Issue: Vehicle was damaged or destroyed the vehicle
Subissue:
Consumer Complaint: I submitted a complain before trying to get Santander to work with me because of the loss of my job and my total XXXX and instead they sent someone to my sick mother 's house in XXXX XXXX XXXXXXXX 3 times. Banging on her door scaring her half to death, when she didn't get to the door fast enough they went to the side doors with the tenants banging on their door as well as the neighbors. Telling them they came to get a car. They also left repo papers with the neighbor saying they will be back. There was no contact number or email. I spoke to a lawyer just find out that this happened, In XX/XX/XXXX, a coalition of attorneys general opened a multistate investigation into Santander the largest subprime auto financing company in the country after receiving an increase in the number of consumer complaints related to subprime auto loans. Following the investigation, the coalition alleged that Santander through its use of sophisticated credit scoring models that could forecast the risk of borrower default knew that certain groups of consumers 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 coalition also found that Santanders aggressive pursuit of market share led the company to underestimate the risks associated with loans by turning a blind eye to dealer abuse and failing to meaningfully monitor dealer behavior. Many dealers did nothing to ensure consumers were reporting accurate information including the amounts specified as incomes and expenses and Santander did nothing to minimize the risks of these false reports. Finally, the coalition alleged that Santander engaged in deceptive servicing practices and actively misled consumers about their rights and risks of partial payments and loan extensions. Under todays settlement, Santander will be required to provide relief in multiple ways to consumers, will be required to help repair consumers ' credit reports, and, moving forward, will be required to factor a consumers ability to pay a loan into its underwriting. First, Santander will pay {$65.00} XXXX to New York and the 33 other participating states so that restitution can be paid to certain subprime consumers who defaulted on loans between XX/XX/XXXX and XX/XX/XXXX. New York will specifically receive {$2.00} XXXX to reimburse consumers. Next, Santander will be required to give consumers with the lowest quality loans those who defaulted as of XX/XX/XXXX and who have not yet had their cars repossessed the titles to their cars and will waive any balance on these consumers loans, up to a total value of {$45.00} XXXX in such waivers across the nation. The settlement also includes a significant amount of relief for consumers by way of waiving any debt or balance still owed even after Santander had consumers vehicles repossessed, otherwise known as deficiency balances. In total, Santander has agreed to waive such deficiency balances for certain consumers who have defaulted with approximately {$430.00} XXXX in immediate forgiveness of debt still owned by the company, including {$23.00} XXXX for New York consumers. Further, Santander will need to attempt to buy back additional deficiency waivers the company no longer owns, which could possibly increase the nationwide total to {$660.00} XXXX and {$33.00} XXXX for New York consumers. Finally, Santander will 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. In an effort to repair consumers credit reports, Santander will be required to reach out to credit reporting agencies ( for example : XXXX, XXXX, and XXXX ) and request the deletion of any negative reports for Santander consumers who are receiving waivers on their loans or are receiving deficiency relief. In addition to monetary relief and the repair of credit reports, going forward, Santander will have to take a number of specific steps to minimize the risks of consumers defaulting on their loans, including refusing to extend financing to consumers that have no income remaining after taking into consideration a list of actual monthly debt obligations. Santander will also be required to test all loans that default in the future to see if the consumer at the time the loan was initially made had any income remaining after taking into account such monthly debt obligations and other estimated expenditures. If the loan is found to have been unaffordable and the consumer defaulted within a certain amount of time, Santander will be required to forgive that loan. Santander is barred from requiring dealers to sell ancillary products, such as vehicle service contracts. Santander will additionally implement steps to monitor dealers who engage in income inflation, expense inflation, and power booking for loan applications, and the company will enact additional documentation requirements for those dealers. Further, whereas Santander previously allowed these problematic dealers to waive documentation requirements on income and expenses, the company will no longer be able to make such exceptions. If Santander must use the value of a default mortgage or rent payment to calculate monthly debt obligations, that amount must reasonably reflect the payment amounts for the geographic location. Finally, Santander will ensure policies and procedures are in place for deferments, forbearances, modifications, and other collection matters that all employees must follow. A new website has also been created to allow consumers to learn more about the settlement and the relief available to victims of XXXX fraudulent behavior. https : XXXX
Company Response:
State: NY
Zip: 10466
Submitted Via: Web
Date Sent: 2021-10-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-20
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: What happened? Affidavit of fact from consumer XXXX XXXX XXXX XXXX Constructive notice public 15 U.S. Code 1692g - Validation of debts 15 U.S. Code 1692f.Unfair practices 15 U.S. Code 1692h - Multiple debts ( a ) Notice of debt ; contents ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) d ( 5 ) a ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30- day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability ( d ) Legal pleadings ( e ) Notice provisions 15 U.S. Code 1692e.False or misleading representations the consumer never gave written consent to allow credit agency to report for her living natural person Consumer point where remove prior to reporting that she natural person the consumer was being violated en legis controller 15 U.S. Code 1692d - Harassment or abuse would like all omission = returned to the original creditor and commission charged to surety under trust indenture act 1939 1933 HJR 192 the trustee of the company shall release all encumbrances back to security holder 15 U.S. Code 1692c - Communication in connection with debt collection ( XXXX ) The term consumer means any natural person obligated or allegedly obligated to pay any debt. ( 4 ) The term creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. 16 CFR Part 433 1-3 PRESERVATION OF CONSUMERS ' CLAIMS AND DEFENSES I want the CFPB to publish this description on consumerfinance.gov so that others can learn from my experience. The CFPB will take steps to remove my personal information from this description but XX/XX/XXXX, XXXX Complaint Print XXXX XXXX XXXX XXXX XXXX
Company Response:
State: TN
Zip: 374XX
Submitted Via: Web
Date Sent: 2021-10-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-19
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Please remove all accounts listed, my information was compromised in a Data Breach. This debt has not been validated.
Company Response:
State: CA
Zip: 90062
Submitted Via: Web
Date Sent: 2021-10-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-19
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Please remove all accounts listed, my information was compromised in a Data Breach. This debt has not been validated.
Company Response:
State: MD
Zip: 20720
Submitted Via: Web
Date Sent: 2021-10-19
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-19
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficient of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( s ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT METRO 2 data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX XXXX XXXX XXXX and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by Congress and The Federal Trade Commission, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within 4 days and proper notification shall be given to all data furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with XXXX XXXX XXXX XXXX, Consumer Financial Protection Bureau, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by Congress to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( CCPA ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( FACTA ). I will be taking action. I also know my rights under this paragraph of Section 312 of the FACTA LAW : SEC.312. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section 623 ( a ) ( 1 ) of THE FAIR CREDIT REPORTING ACT ( 15 U.S.C . 1681s-2 ( a ) ( 1 ) is amended ( 1 ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( 2 ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states. According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy. ( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. 1. SANTANDER bal. {$0.00} I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft. 1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than four ( 4 ) business days after the date receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed four ( 4 ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers CC : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response:
State: OH
Zip: 432XX
Submitted Via: Web
Date Sent: 2021-10-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-19
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: As a natural person, consumer, original creditor and executor per 15 USC 7006. Due to the UNITED STATES Bankruptcy of 1933 and passing of HJR192, the UNITED STATES is bankrupt and all debt is the obligation of the UNITED STATES. The bank CAN NOT loan money so why am I paying on a loan? As a result of this documentary evidence I am asserting my rights per my contract and revoking power of attorney by rescinding the transaction and arbitration agreement per 15 USC 1635 due to repeated FDCPA and TILA violations, fraud and all information and representations being false and misleading pursuant to 15 USC 1692e. SANTANDER CONSUMER USA is collecting on an alleged debt that has been paid. XXXX 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. This is fraud, 18 U.S. Code CHAPTER 63MAIL FRAUD AND OTHER FRAUD OFFENSES The transaction is a violation due to being charged a finance charge, which is the sum of ALL charges. ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. ( 2 ) Service or carrying charge. ( 3 ) Loan fee, finders fee, or similar charge. ( 4 ) Fee for an investigation or credit report. ( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. I was charged additional fees for insurance and down payments, I never received the UCC lien paperwork, I never received the 3 copies of the right to rescission and supported documents. The entire consumer credit transaction was complete at signing of the master promissory note, the negotiable instrument. Per my contract the alleged debt is paid in full in accordance with the law 16 CFR 433.1, 16 CFR 433.2 and 16 CFR 433.3.
Company Response:
State: FL
Zip: 34491
Submitted Via: Web
Date Sent: 2021-10-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A