Consumer complaint received 2021-04-01
Company: Santander Consumer USA Holdings Inc.
State: SC
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
On XX/XX/2020 my vehicle was secured by Santander Consumer USA. 
I contacted Santander Consumer USA on the next business day, Monday XX/XX/2020, and I requested to speak with a representative to surrender monies owed as I assumed this was the reason. 
The representative advised me that the vehicle was not collected due to late payments, but instead due to a recent death notification received from the Social Security Administration. The representative advised that I needed to complete the following steps to resolve the matter : -Make contact with the Social Security Administration , and request an erroneous letter validating my identity, and then have the information faxed to their legal team for further review.

I explained that I was completely unware of this mistake, but I wanted to surrender monies owed on the vehicle as I had fallen behind due to unforeseen circumstances related to COVID.

I made same day contact with the Social Security Administration, and I was advised that all services were delayed due to the pandemic, and their staff working remotely. To receive the erroneous letter I would have to first make an appointment with a manager on-site, and then validate my identity, but this could take a few weeks due to the ongoing pandemic. 
I called Santander Consumer USA, and made them aware of the new process considering the pandemic, but also to let them know Im working to have the matter resolved. I was advised that my account would be notated, and that once I was able to collect the information needed I would be able to retrieve the vehicle, and also handle other business matters related to the vehicle. 
For the following 2 weeks I called Santander and provided an update as it related to my appointment, and progress. Each instance I was advised that the account would be updated, and continue to keep them updated. At no point in time was I ever given a deadline to have this issues resolved.

During my next interaction ( maybe week 3 or 4 ), I called to provide another status update, and as I begun to explain the reason for my call, the representative abruptly explained that the vehicle was collected due to late payments, and this made sense to me as I knew I was behind. I also mentioned that this was the first time this has been mentioned to myself over the last 3 weeks, and up until this point I was advised the vehicle was NOT collected due to non-payment, but instead due to the deceased notification. I attempted to understand what monies were owed on the account, including fees as I had the monies readily available to surrender, but she stated she could not speak with me as it related to the account until I could retrieve the letter. Again, no mention of a deadline as it related to this unusual instance. 
I was transferred to another representative in the deceased department, and after explaining my concern she assured me that the vehicle would not be sold, and that she could attempt to escalate my concern to her legal team, and explore other options related to verifying my identity with possibly a fax of my social security card, and/or ID. This request was later denied. 
The social security confirmed the mistake during my appointment on XX/XX/2020. The letter requested was then faxed to Santander consumer USA same day. I called to ensure the letter was received, and it was confirmed, however I was told to follow-up in a few days as their legal team had to review the documents. 
I followed up with Santander Consumer USA on XX/XX/2020, and the death notification was removed from my account. I then began to ask for the monies owed in an attempt to surrender, and I was advised by the representative that the vehicle was SOLD as of XX/XX/2020 to a public auction. 
During my various, consistent interactions with the company I was never warned that the vehicle was in jeopardy of being sold, or that the vehicle had been sold. 
I requested to speak with a manager, and he too advised that the loan should have been placed on hold, and should not have gone through regulatory proceedings until this matter was resolved. This was also a recorded call admitting to the internal process break.

The manager stated that he would have to escalate the issue to his manager for further recourse, and advised that I would receive a call within the following business days. I never received a call. 
I opened a complaint with the Office of The President Santanders internal corporate escalation team, and Spoke with XXXX on XX/XX/2020. XXXX escalated the issue to his manager for further review. Additionally XXXX asked me to write-in in regards to the situation via email, and also highlight a fair resolution to the problem. Considering the vehicle was already sold, I simply requested that all monies previously paid on the vehicle be credited to a new vehicle. 
I followed up on Wednesday XX/XX/2020, and spoke with a member of office, and she explained that their legal team had reviewed the situation, and also located the vehicle with the auctioneer. They verified that the vehicle was not yet sold from the auction, and was making an attempt to retrieve the vehicle. 
After countless calls, and no returned phone calls from the organization I requested to speak with a manager within organization ( Office of The President ). The manager abruptly took the call, and lead by saying, Your vehicle was repossessed due to non-payment, and the vehicle has been sold, how can I help you? I explained the situation in grave detail, and she promised to follow-up on the next business day. 
When she called back the following day, she explained in short that there was nothing she could do, and that the vehicle was sold according my contract, and that I had violated the contract. 
I advised that I never received a phone call from the bank, an email, or a letter in-regards to the proceedings of the vehicle being sold. She focused on the fact that I was behind on payments, but I never attempted to dispute that with Santander, only to pay what I owed, and retrieve the vehicle. I also explained that I attempted to make a payment in XXXX via the online portal, but the portal was not giving me the option to do so because of the deceased notification that I wasnt aware of. Before I could make contact with the bank to understand why, the vehicle was secured. 
I begged, and pleaded for her to review the calls from my previous interactions but but she stated the notes were enough to conclude her decisions, and that this was the consensus across the board. How was this a fair conclusion considering none of the calls were reviewed, and she never validated the misinformation I was told. How can Santander, a bank of this magnitude uphold their employees not providing accurate information to educate the customer? 
She mentioned that I was mailed a letter in XXXX asking me to verify the notification, but it was discovered that Santander Consumer USA had the incorrect unit number for me, and therefore I never received it, or knew this was of concern. Furthermore, when I sign my contract, I listed several methods of contact, including my mailing address, cell phone number, and email. I never received a phone call from the company, nor email in regards to all things related. 
In my further attempt to have the calls reviewed, the Manager released the call abruptly, and never returned my call. 
Santander has a specific department that handles repossessions, and works with their customers to settle these type situations, and I was never given an opportunity to surrender the monies owed. While I understand they had to validate my identity, representatives from the company were given me very different reasons as to why it was initially secured, and refused to assist any further. 
At no point in time in my various conversations was I advised of a timeline to get this done, or the vehicle would be sold. I never had any intent to part way from vehicle. I dont understand why Ive been treated this way amid a pandemic. 
I am currently receiving phones calls from their debt department asking for {$5000.00} on a vehicle Ive only attempt to bring current.

Company response to consumer: Closed with explanation