Consumer complaint received 2022-01-01
Company: Santander Consumer USA Holdings Inc.
State: TX
Product: Debt collection
Sub-product: Auto debt
Issue: Communication tactics
Sub-issue: Used obscene, profane, or other abusive language

Complaint:
Violation of my cease and desist. 

Today is XX/XX/XXXX. I am writing this without the assistance of any person. On XX/XX/XXXX, I submitted a complaint concerning SANTANDER CONSUMER USA ( SCUSA ). I have provided physical proof of how they have VIOLATED my RIGHTS as a consumer under the Fair Debt Collection Practices Act. 15 USC 1692c ( c ) ( 1 ) ( 2 ) ( 3 ). See CFPB complaint XXXX. Part of my remedy and claim was that SCUSA ceases and desist any further communication with me through any and all mediums. 15 USC 1692a ( 2 ). Communication includes consumer reporting agencies that I have no contract. Consumer Reporting Agencies include XXXX, XXXX, and XXXX. I am a federally protected consumer who asserted my rights under Federal Laws written by the trustees of the United States ( Congress ). 

I get email notifications from the USPS. On XX/XX/XXXX at XXXXXXXX XXXX, I became anxious when I saw a communication from a debt collector, SCUSA. During my 1hr commute to work, I could not get out of my mind what SCUSA or its representatives had to say to me. I got home around XXXX XXXX and finally got to check the mail, and by XXXXXXXX XXXX, I decided to call the number in the communication. I called XXXX as prescribed in the commutation, which reads, " For any questions, or to request to remove the Cease and Desist from the account, please contact us directly at ( XXXX ) XXXX. See proof attached and labeled as, XX/XX/XXXX - SCUSA Proves Violation of XXXX XXXX XXXX. The automated system did not recognize the account number for the alleged obligation. Even after four attempts, the system said, " I'm sorry that is still not a valid response ; this communication is from a debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose. Please hold while I transfer your call to a customer service agent. '' On XX/XX/XXXX, EMPLOYEE ID : XXXX- XXXX said she couldn't find me in the system because her computer froze. She found me after another attempt. She said, " I'm going to send you over to the " SPECIALIZED DEPARTMENT '' that would be able to assist you since I'm from customer service... I'm not able to pull up the account ; they would be able to pull up the account. '' I doubt this department 's mission is to make the consumer feel special. 

On XX/XX/XXXX at about XXXXXXXX XXXX, EMPLOYEE ID : XXXX - XXXX stated that she couldn't find me in the system and had to refer me to another department. EMPLOYEE ID XXXX - XXXX from the " SPECIALIZED, PLATINUM SERVICES, CEASE AND DESIST DEPARTMENT '' stated I do not have an account after I provided her the account number ending in XXXX. 

SCUSA has furnished statements and other communications to coerce me into believing I am participating in repaying an alleged obligation that is not mine. 15 U.S. Code 1692j - Furnishing certain deceptive forms. See attachments from complaint ID XXXX and attachments in this complaint labeled as XX/XX/XXXX - SCUSA Proves Violation of XXXX & XXXX. 

I went back to review 15 USC 1692c ( c ), ( 1 ), ( 2 ), ( 3 ). Below is the only means of communication a debt collector is supposed to have with me, as prescribed by the United States Trustee, Congress. 

15 USC 1692c ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collector 's further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. 
If such notice from the consumer is made by mail, notification shall be complete upon receipt. 

Based on the dates on the face of the envelope, the communication is willful and knowing at this point. The date on the envelope reads XX/XX/XXXX FIRST CLASS MAIL. The communication within is dated XX/XX/XXXX and makes me feel oppressed. 15 U.S. Code 1692d ( 2 ). Emotional pain caused me anxiety even while writing this complaint, knowing that Federal Law is being overlooked and I am being deceived into paying on an alleged obligation. 15 U.S. Code 1692j. SCUSA sent another envelope on XX/XX/XXXX FIRST CLASS MAIL, but still, the communication inside was dated XX/XX/XXXX. So this leads me to believe the later dated communication was delayed on purpose as to try claim I have defaulted on an alleged obligation. I have still not received the accounting or balance sheet to prove I have a responsibility and that purchase money was loaned. 

These letters violate everything that a cease and desist under 15 USC 1692c ( c ) prescribes.

SCUSA has caused me to have headaches and stomach aches just from that thought of the illegal action of repossession by this debt collector. The communications that came after the cease and desist reads in bold type font, " ... Santander Consumer USA Inc. will no longer be able to provide verbal notification prior to any repossession actions. '' SCUSA said, " Remember, you are still OBLIGATED to make your contractual payments on the account. '' I called ( XXXX ) XXXX, and no account could be found using the account number SCUSA provided. I called again at XXXXXXXX XXXX on XX/XX/XXXX to confirm. 

To repossess, you would first have to possess something. SANTANDER CONSUMER USA is listed as a lienholder, and I am listed as an Owner. I can not take the threat of repossession lightly for a vehicle I used for personal purposes to be taken from me. They are leaving me without a means of travel to work and the ability to pay my actual obligations, not alleged ones from a debt collector called SCUSA, with the threat of reposession. 

See attached violations of the Fair Debt Collection Practices Act and the Cease and Desist SANTANDER CONSUMER USA received on XX/XX/XXXX by XXXX XXXX. Congress wrote into Federal Law, " If such notice ( Cease and Desist ) from the consumer is made by mail, notification shall be complete upon receipt. '' 15 USC 1692c ( c ). 

SANTANDER CONSUMER USA has responded to me directly. It has willingly chosen to avoid a response through the Consumer Financial Protection Bureau. 15 U.S. Code 1692a ( 1 ). SCUSA received my Cease and Desist Request on XX/XX/XXXX. See proof attached as XXXX - SCUSA XXXX & XXXX. On XX/XX/XXXX SCUSA knowingly and willfully decided to communicate ( 15 U.S. Code 1692a ( 2 ) ) with me indirectly through a consumer reporting agency. 15 U.S. Code 1611 ( 3 ) - Criminal liability for the willful and knowing violation. One day after receiving my cease and desist XX/XX/XXXX.

Company response to consumer: Closed with explanation