Consumer complaint received 2022-11-07
Company: SANTANDER HOLDINGS USA, INC.
State: FL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
I XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX consumer in fact natural person, creditor, administrator, executor- attorney in fact in public & private for all matters proceeding holder in due course : d/bXXXX XXXX XXXX XXXXXXXX. I depose and prove these facts are truth so it be. 
As I started to study for my self consumer law and TILA : Truth In Leading Act- I discovered I have been injured financially and mentally from this fraudulent loan and contract. I submitted the contract as proof as evidence : 1. Calculation of the Finance Charge was not explained but instead was titled n/a.

2. No, explanation was given for the calculation of finance charges.

3. I was forced to carry an insurance premium before leaving the car lot and the insurance premium was not included in the Finance Charges.

4. The down payment and cash I paid for this automobile was assessed Finance Charges, per 15 USC 1605:5 it is fraud to add a finance charge on cash and then add it to the price and increase the amount of the purchase of the automobile.

5. I have paid insurance premiums myself out of my own pocket that are covered per 15 usc 1605 ; 5 the law says the sum of all charges shall be disclosed clearly and inconspicuously in accordance with the regulations of the bureau. Why was this not explained this box as required by law. 
Both Santander Consumer USA and XXXX XXXX failed to and willfully violated 15 usc 1605 by failing to provide proper and separate documentation, definition as to why the finance charge exist on my cash downpayment and the sum of all charges as described in : Truth In Lending Act : subsection 15 USC 1605 Sum of all charges include : The finance charge does not include- *charges of a type payable in a comparable cash transaction. *My down payment was cash.amount of {$1000.00} and a Finance Charge has been added to the price of the automobile. Source XXXX XXXX XXXX XXXX  According to when I first signed the contract and not since Santander Consumer USA has taken ownership of this bad loan. 

Both Santander and XXXX XXXX failed to and willfully violated 15 usc 1605 by failing to provide proper documentation and as to the explanation of the finance charge of the sum of all charges XXXX XXXX the Sales manager- XXXX kept telling me if I signed it that way he couldn't give me the loan. As I continued to exercise my rights signing as I described using UCC 1-308 The loan was completed and Financed by Santander Consumer USA and at that time they were found guilty of fraud in 34 states from 2015 to 2020- yet still allowed to continue to make fraudulent loans with consumers.

I attest this statement is true testimony of my experience to remedy this fraudulent activity by Santander Consumer USA and XXXX XXXX should be held responsible according to 15 U.S. Code 1611 - Criminal liability for willful and knowing violation as follows : ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both.

I demand remedy and rescission of this fraudulent transaction that under TILA is fraud and its been since 2021. For the pain and suffering : emotional stress, money I lost, embarassment and mental anguish {$30000.00} is the remedy and the balance of {$22000.00} demand is paid of in full Balance at {$0.00} and all balances discharged and reported to all 3 credit bureaus as a positive trade line including all taxes paid for title and registration fees to have the title of this automobile XXXX XXXX XXXX titled in my name account number # XXXX XXXX XXXX  Account # XXXX Santander XXXX XXXX.

Company response to consumer: Closed with explanation