Consumer complaint received 2022-06-18
Company: Santander Consumer USA Holdings Inc.
State: FL
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
In XX/XX/XXXX, I arrived at XXXX XXXX XXXX to execute my rights as a consumer by extending my credits for personal, family, and household purposes by acquiring a XXXX XXXX XXXX XXXX. XXXX : XXXX, for {$23000.00}. 

XXXX XXXX said the Lender is SANTANDER CONSUMER USA INC . 
XXXX XXXX XXXX also requested that I must put a down payment ; I gave XXXX {$2100.00}, but According to : 15 U.S. Code 1662 - Advertising of down payments and installments. 
No advertisement to aid, promote, or assist directly or indirectly any extension of consumer credit may state ( 2 ) that a specified down payment is required in connection with any extension of consumer credit, unless the creditor usually and customarily arranges down payments in that amount. 

Santander Consumer USA INC/ XXXX XXXX XXXX has refused on several attempts to return all the overage payments I paid to this group. First, in XX/XX/XXXX, I requested a Validation of debt which Santander didn't respond to. 
15 U.S. Code 1692g - Validation of debts ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector. 

Also, I was not informed of the three-day right to rescind the contract. 
12 CFR 1026.23 Right of Rescission : Consumer 's right to rescind. Unexpired right of rescission. 23 ( a ) ( 3 ) i. When the creditor has failed to take the action necessary to start the three-business day rescission period running, the right to rescind automatically lapses on the occurrence of the earliest of the following three events : A. The expiration of three years after consummation of the transaction.

Therefore, I exercised my right to rescind within three years of the contract. 

I sent a Right to Rescind letter and notified both XXXX XXXX XXXX  and SANTANDER CONSUMER USA INC., as stated according to 12 CFR 1026.23 ( a ) ( 2 ) 1. Consumer 's exercise of right. Where the creditor fails to provide the consumer with a designated address for sending the notification of rescission, delivering a notification to the person or address to which the consumer has been directed to send, payments constitute delivery to the creditor or assignee. 

SANTANDER CONSUMER USA INC then responded with a ''Default To Cure Notice '' in XX/XX/XXXX and sent the first Validation of the debt letter in XX/XX/XXXX since the previous notice I sent in XX/XX/XXXX, but SANTANDER still flagged my credit profile for being late but under the fair credit reporting act, 15 U.S. Code 1681 section 602 A states I have a right to privacy. 
15 U.S. Code 1681 section 604 A states, A consumer reporting agency can not furnish an account without my written instructions. 

15 U.S. Code 1692g - Validation of debts ( b ) Disputed debts : 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. 

I never gave SANTANDER CONSUMER OR XXXX XXXX XXXX XXXX permission to release any information about me. 

18 U.S. Code 8 - Obligation or other security of the United States defined 18 U.S. Code 1002 - Possession of false papers to defraud United States 18 U.S. Code 1001 - Statements or entries generally : ( 3 ) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry ; 18 U.S. Code 1005 - Bank entries, reports and transactions any individual person SANTANDER CONSUMER USA INC repossessed my vehicle on my private property. I then sent a letter asking Santander Consumer USA INC. to provide the following information. 

UCC Article 9-210. FOR ACCOUNTING, REQUEST REGARDING LIST OF COLLATERAL OR STATEMENT OF ACCOUNT. 

Santander CONSUMER USA INC Provided another copy of the Validation of the debt letter. Santander is committing fraud every day and going untouched. I gave XXXX XXXX XXXX the security, and they accepted the security. The bank deposited the securities note with several witnesses, including a notary. Santander consumer USA repossessed my vehicle and left my family and me without a vehicle. SANTANDER/ XXXX refused to return my security deposit, claiming that I still owe them monies when the agreement said I would tender payment. I tendered payment in full with interest. 

Accounting to the Federal Reserve Act, The promissory Note I signed at the dealership was a security, and the note operates as a security deposit once I give it to XXXX XXXX XXXX. They received my security deposit that had a face value, and they never applied it. SANTANDER reported the repossession and charge-off to the credit bureaus and damaged my credit worthiness. 

The Supreme Court says I have a right to use such rebuttal presumption, and I can provide the evidence.

Company response to consumer: Closed with explanation