Consumer complaint received 2017-12-06
Company: Santander Consumer USA Holdings Inc.
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problems at the end of the loan or lease
Sub-issue: Unable to receive car title or other problem after the loan is paid off

Complaint:
As conditions stated for certified promissory note # XXXX, ( Accepted by Santander on day XXXX of XXXX XXXX. ) Santander in no longer legally entitled to or may collect for the listed collateral ( XXXX XXXX XXXX XXXX VIN NUMBER XXXX ) in accordance with FDIC laws on payment acceptance and honorary acts. Payment in the form of promissory note ( Legal tender ) was offered ( sent to Santander Usa ) on XXXX XXXX XXXX for ( {$25000.00} ) this amount would fullfil the payee 's contractual obligations, ending the contract and clearing said payee 's name of any debt that may be associated with listed account, and grant any and all collateral to payee. This payment was NOT SENT BACK ( ACCEPTED ). Payment from XXXX XXXX XXXX with co-owner XXXX XXXX will be deemed as accepted on the XXXX day of XXXX XXXX governed by conditional acceptance laws. Granting will be the above listed collateral and its integrities to the payee. Uniform Commercial Code U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS ( 2002 ) PART 6. DISCHARGE AND PAYMENT 3-603. TENDER OF PAYMENT.

3-603. TENDER OF PAYMENT.Since this issue I have had to obtain counsel ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contractual obligations.

( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.

Santander was asked to produce the following and have yet to comply.

Santander has been asked to provide the following supportive documents and have yet to provide any.

1.Present your payment regulations and guidelines. -Provided we have obtained a copy from your website that state and support the claimants cause. Show proof that accepted payments wo n't be honored and under what conditions will they not be honored under after acceptance.

2.Evidence that this customer 's ( promissory note # XXXX XXXX ( legal tender/payment ) was not accepted as payment. By your facility.- Review conditions of acceptance.

3. The conditions attached to the promissory note..that stated " if not returned within 30 days this instrument is deemed as accepted as full payment for the account number ( XXXX ) please explain how these conditions would not apply to your bank? Granted you are in a legal binding contract.

4. If the legal tender/ ( Promissory note # XXXX ) was sent back please provide evidence of to such action. 

By law a consumer may request this information when disputing a payment with the creditor.

This company did not return my payment or deny it but they are refusing to honor it. Since this claim has been brought to their attention I 've been forced to obtain counsel due to no compliance on their end. A cease and desist order was issued to them, and they are still actively attempting to collect from me.

Company response to consumer: Closed with explanation