Consumer complaint received 2021-12-21
Company: Santander Consumer USA Holdings Inc.
State: LA
Product: Debt collection
Sub-product: Auto debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
Santander Consumer USA I have received a response from in regards to settlement for regards to my vehicle loan. Pursuant to the contractual retail installment agreement this company has already received the amount financed on my behalf {$16000.00} and this is false and misleading deceptive behavior stating I have defaulted which this company has repossessed on a security interest I have held in as the consumer and are able to enforce, 15 USC 1692e ( 4 ) is violated by enforcing nonpayment in garnishment by repossessing what was in my possession ; also working with tow truck company and exposing my personal information to the third party agency without my written consent to locate the consumer place of dwelling 15 USC 1692b. I was also denied the location to bid and buy back the vehicle which was stated that the company privacy policy could not allow me to but still enforced the same privacy rights onto the consumer who was willing to be given a fair resolution without litigation. Upon doing this Santander Consumer stated that according to Truth in Lending Act 15 USC 1635 Right of rescission was not given to me, but I was never given the right to rescind nor was I informed that I DO NOT have the right to rescind being at the time of incompetence during the transaction. This company has failed to disclose that the finance charge is the sum of all charges and the down payment is included in the finance charge ; 15 USC 1605. There is no cash comparable in a consumer credit transaction. 12 CFR 1026.4 also states The finance charge is the cost of consumer credit as a dollar amount. It includes any charge payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit. It does not include any charge of a type payable in a comparable cash transaction. This is a direct violation of contract which makes it void and null where no further payments are to be made on a voided contract. I have put down {$1700.00} according to 15 USC 1662 ( 1 ) advertisement of down payment and installment that a specific periodic consumer credit amount or installment amount can be arranged, unless the creditor USUALLY and customarily arranges credit payments or installments for that period and in that amount. This company has continue to enforce a billing error on the consumer 12 CFR 1026.13 ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). I am the consumer who am the only blood and flesh living being can validate a debt this is not an OBLIGATION of the consumer to continue to pay and and I am requesting on the disputed account that all payments are returned to the consumer. This company has refused to let me discharge the transaction and revoking their power of attorney I have sent multiple complaints and request to Santander Legal Team Fax that was provided in XXXX, while also speaking in an office executive XXXX where she received all my documentation via email and stated they have not found any fraud that is mentioned in this memo ; they also continue to furnish inaccurate billing errors on my consumer report where none of no discharge documentation or Debt validation has not BEEN provided but still continue to furnish this AS IF it is validated by the consumer. This is still under investigation and shall be removed from reporting on my consumer report.

Company response to consumer: Closed with explanation