Consumer complaint received 2022-11-21
Company: SANTANDER HOLDINGS USA, INC.
State: FL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problems at the end of the loan or lease
Sub-issue: Problem with paying off the loan

Complaint:
Greetings CFPB I hope this message finds you well. I have been in correspondence with Santander Consumer USA since XX/XX/XXXX. Initially I sent a payout amount for the asking price of {$26000.00} by money order through certified mail. I recieved no response and nothing was credited to my account. I called and was told it was lost in the mail ( which I have recorded ). According to postal rule the fault is mine for not attaching a return receipt. Afterwards I became aware of a billing error and informed Santander of the error and attached was another money order in the same amount the letter was sent by certified mail with return receipt on XX/XX/XXXX and signed for by XXXX XXXX. I also informed Santander that due to trouble with my phone I would no longer be able to answer phone calls and would like to receive their replies through mail or email. She informed me that she would place me on a do not call list. I never received a response in mail or email. I sent another notice stating that I never received a formal reply and gave in detail again the error found and recognizing that Santander never credited my account or gave an explanation as to why my account was never credited. I have not received a reply from that either. So after I was dont with Santander harassing me with phone calls over ten calls in a 5 day period I used my brothers phone to call them. I was told that they never received a letter we reviewed the address and it was correct I told her that I was put on a do not call list and never received a formal written response. I sent a money order through certified mail with return receipt and it was received by XXXX She disregarded the facts and said she would be sending my contract higher up. Its been over 20 days and I havent received a a response to my call on the XXXX of XXXX or my most recent letter sent XX/XX/XXXX with return receipt. Below is my letter I am writing you this letter to provide you formal notice that invoice No. XXXX on billing error notice for account number XXXX statement dated XX/XX/XXXX error with total amount due {$1900.00} sent through certified mail dated XX/XX/XXXX has not received a formal written response. On XX/XX/XXXX I sent through certified mail with a return receipt a billing error notice stating my down payment was never subtracted from the total finance amount. Attached was a letter notice XXXX and A money order for the payout amount {$26000.00} the mail was delivered on XX/XX/XXXX and signed for by XXXX XXXX XXXX Santander Consumer USA XXXX Extinguishment of Obligation Chapter 4 article 1256. If the creditor to whom the tender of payment has been made refuses, the debtor shall be released from responsibility by the consignation of the thing or sum. I have not received a written reply and the Money Order in the amount of {$26000.00} has not been credited to my account. I have stated in previous invoices that upon inspection of my Consumer agreement I see that my consumer rights have been violated. 
In XXXX at the age of XXXX XXXX XXXX XXXX XXXX XXXX I decided to purchase my first vehicle. I went to the XXXX dealership to buy a XXXX XXXX XXXX. After telling me that I was approved by Santander Consumer USA for a financed amount of {$17000.00}. XXXX dealership asked for a down payment of XXXX XXXX dollars stating that it would seal the deal. I reluctantly agreed and was escorted to the financier XXXX XXXX, former employe of XXXX. he scrolled down his screen and had me sign each page. This was my first car as nervous and clueless as I was. Nothing was ever explained to me and when I asked a question I was told it's information no one reads.. Only finding out two months ago that My XXXX XXXX dollar down payment was never subtracted from the total financed amount. Which is a requirement pursuant to 15 U.S. Code 1638 ( 2 ) ( iii ) Instead XXXX XXXX, the former Financiar at XXXX dealership, added insurance packages and fees that I never requested, and deducted the cost from the down payment then added those same insurances into the total financed amount. Putting the total financed amount at {$27000.00} my APR stayed at a high 17.67 % and my monthly payments never dropped ; it also stayed at {$630.00}. Which is Predatory Lending and violating Equal Credit Opportunity Act ( ECOA ). This law makes it illegal for a lender to impose a higher interest rate or higher fees based on a persons race, XXXX, religion, XXXX, age, marital status or national origin. I was taken advantage of because of my age and lack of knowledge of contractual procedures which wasnt made clear to me any step of the process. XXXX XXXX and Santander Consumer USA failed to meet the requirements of CFPB 1026.5, 15 U.S. Code 1605, and failed to meet the requirements of 15 U.S Code 1638.

I have informed Santander Consumer USA multiple times to please address all future correspondence in the matter of writing and i do not give Santander Consumer permission to contact me by phone. Santander continued to call to the point of harassment. Over 10 automated calls in a 6 day time frame. 
On XX/XX/XXXX I sent Santander Consumer USA a second notice stating that if I did not receive a written reply with corrected errors or stating that the errors are true and correct with the original contract showing the breakdown of the total financed amount, payment history, and my signature then, Santander Consumer USA would be violating the requirements of the law pursuant to 15 U.S. Code 1638 ( B ) it had been 15 days since second and third invoices by law Santander Consumer USA failed upon written request to provide an itemization of the amount financed. By law Santander Consumer USA is civilly liable to me pursuant to 15 U.S.Code 1640. 
I will be reporting Santander Consumer USA and XXXX Dealership to the Consumer Finance Protection Bureau. Violating the requirements of the law pursuant to 15 U.S. Code 1638 ( B ) by law Santander Consumer USA failed upon written request to provide an itemization of the amount financed. CFPB 1026.5 The creditor shall make the disclosures required by this subpart clearly and conspicuously and 15 U.S. Code 1605 Finance charge defined ; Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit.By law Santander Consumer USA is civilly liable to me pursuant to 15 U.S.Code 1640.

UCC 1-308

Company response to consumer: Closed with explanation