Consumer complaint received 2021-12-21
Company: Santander Consumer USA Holdings Inc.
State: TX
Product: Payday loan, title loan, or personal loan
Sub-product: Installment loan
Issue: Problem when making payments

Complaint:
I am a consumer asserting my rights. 
SANTANDER CONSUMER USA has mailed me monthly billing statements for account ending in XXXX demanding payments on a loan that has already been paid in full. The security interest secures payment of an obligation pursuant to 49 U.S. Code 14301a ( 3 ) which has already been paid through my signature on the contract threatening repossession. The most recent billing statement dated XX/XX/21 claims that I allegedy owe {$1400.00}. Exhibit 1 This is a billing error ( exhibit 1 ) pursuant to 12 C.F.R. 1026.13 ( d ) ( 1 ) I am aware that if SANTANDER CONSUMER USA claims that they are the creditor then this applies to them and they may not collect any disputed amount, I the consumer, does not need to pay, the creditor can not restrict, accelerate payment and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by SANTANDER CONSUMER USA will forfeit its rights to collect the disputed amount as described in 15 U.S.Code 1666 ( e ) and hold the creditor liable under 15 U.S.Code 1693m for SANTANDER CONSUMER USA for the actual damage caused to me as a consumer as well as held to criminal liability pursuant to 15 U.S.Code 1693nfor failing to required documentary evidence as requested to clarify and revolve the previously addressed billing error. 

This contract is a consumer credit contract and as described in 16 CFR 433.1 ( i ) an instrument, and under UCC 3-104 ( a ) an instrument is a negotiable instrument and a unconditional promise to pay, no different than a dollar. I believe this instrument constitutes as payment under the negotiable instruments act and has fully paid for this transaction on the date of consummation. Therefore this loan is fully paid already and any payments I have made need to be refunded and returned immediately pursuant to 15 U.S. Code 1692h. 

I as a consumer, demand a statement under penalty of perjury stating that the bank in fact loaned the associated debt money from their own assets in order to verify there is in fact a proof of claim of this debt. Without this I can not verify any valid claims of alleged debts. 

The term credit means the right granted by I, the original creditor, to a debtor SANTANDER CONSUMER USA to defer payment of the debt or to SANTANDER CONSUMER USA to incur debt or a loan from the US Treasury and defer its payment. This makes SANTANDER CONSUMER USA a borrower or solicitor who induced me to the treasury window to receive funds unbeknownst to I, at the time of the transaction. I, came to extend credit and not receive a loan from the U.S. Treasury. The contract I received, as a result, was an unsolicited advertisement described in 48 U.S.C 227 ( a ) ( 5 ) by SANTANDER CONSUMER USA and lack of willful full disclosure was the fraud of execution in conjunction with fraud of inducement brought forth by SANTANDER CONSUMER USA. 

There has been fraud found in this form shown in EXHIBIT C, This form therefore is false and deceptive, and therefore void and a violation of 15 U.S. Code 1692j. 

SANTANDER CONSUMER USA is a debt collector here is the legal definition. Pursuant 15 U.S.Code 1692 ( a ) ( 6 ), a debt collector is any person who uses instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. See Exhibit 1 There may be no threat of repossession for nonpayment. The affiant has proof in EXHIBIT 6 is a violation of 15 U.S. Code 1692e ( 4 ) and is fraud and illegal amidst the collection of any debts. This is a right secured to me by this code herein and the 4th amendment of the U.S. Constitution. I the affiant is also aware that the security interest secures payment of an obligation pursuant to 49 U.S. Code 14301a ( 3 ) which has already been paid through my signature on the contract. See Exhibit 2 My rights as the debtor in this consumer credit contract against SANTANDER CONSUMER USA for the unfair and deceptive practices as shown in exhibit 1-3. 
No seller or creditor is exempt from 16 CFR 433.1-16 CFR 433.3 meaning creditors or debt collectors would not be able to state claims are not applicable to them as a defense. 

Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property. Meaning all debts with a finance charge comes with insurance in case of default. Insurance, interest, services, deliver fees, loan fees, broker fees, fee to cover defaults, are all included in the finance charge. Pursuant to 15 USC 1605 ( a ) ( b ). On this contract it states otherwise see exhibit XXXX. 

I have the right to rescission with the right to keep the property, return of any money involved in the transaction pursuant to 15 U.S. Code 1635 ( b ), upon the right of rescission, I am no longer liable for any finance change. The creditor must terminate any security interest, return any money or property, earnest money, down payment or otherwise past payments and because the property has been delivered and in my possession I have the right to retain possession of the property.

Company response to consumer: Closed with explanation