Consumer complaint received 2021-12-21
Company: Santander Consumer USA Holdings Inc.
State: TX
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I am a consumer and I am writing this without the assistance of any third party. I am going based off my understanding and review of the FDCPA, TILA, and FCRA. 

SANTANDER CONSUMER USA Is violating the FAIR DEBT COLLECTION PRACTICES ACT - Again 15 USC 1692b ( 5 ) I have received, by mail communication from the debt collector, SANTANDER CONSUMER USA ( XXXX ) with symbols all over it which lets any holder of that mail know that I am being contacted by a debt collector and that is a violation of my privacy as a consumer. On the communication inside the envelope symbols are found in the top left which causes me anxieties knowing that I am being contacted by a debt collector who is claiming I owe an alleged obligation without any proof of such claim ; when I asked for validation under 15 USC1692g on my affidavit ( see attachment labeled EXHIBIT XXXXX ) they responded poorly, see EXHIBIT XXXXXX.

15 USC 1692c ( c ) I am very aware of my rights as a consumer and so, I did not ever give permission or direct consent to Santander consumer USA to communicate with me through any medium ; this includes the coercion of advertising an alleged obligation to consumer reporting agencies. I signed my cease and desist notification on XX/XX/XXXX and sent it USPS express mail tracking number XXXX XXXX XXXX XXXX XXXX. It was signed for by XXXX XXXX or XXXX XXXX on XX/XX/XXXX of Santander consumer USA. The federal law Congress wrote pursuant to 15 USC 1692c ( c ), states, If such a notice ( meaning Cease communication notice ) from the consumer is made by mail, notification shall be complete upon receipt. My right to payment is that I notified XXXX by mail to cease and desist and they willfully violated federal law. See communication ( statement ) dated XX/XX/XXXX, drafted two days after receipt of my cease-and-desist notice. See communication ( response from my validation notice ) dated XX/XX/XXXX, four days after my cease-and-desist. See communication ( fax ) dated XX/XX/XXXX for days after my cease-and-desist. 

15 USC 1692d ( 2 ) I find it obscene and offensive that XXXX in a communication that violated my cease-and-desist under federal law would say, your contract was sold to us. In fact, I have communication from from XXXX that states, XXXX XXXX purchased and took assignment of the contract. All of this is fraud to get me to start payment on an alleged obligation that is invalidated. See attached XXXX XXXX Instrument twice - EXHIBIT ' communication from XXXX as proof. How many times was this instrument sold? Why was my Request Form ignored, see attachment XXXX XXXX XXXX XXXX XXXX  - EXHIBIT. 

15 USC 1692d ( 4 ) I have no contract or agreement with any consumer reporting agency, however, Santander consumer USA has shared my private information as a consumer to advertise an alleged obligation to coerce payment of an invalidated obligation. This violated not only the FDCPA also the Fair Credit Reporting Act 15 USC 1681b ( a ) ( 2 ). I have never given written instruction or permission to any consumer reporting agency to furnish private information about me and XXXX has no permissible purpose in the furnishing any information about me as a consumer. 

15 USC 1692e Santander consumer USA has used false and deceptive means to coerce me to pay an alleged debt. They claim to have purchased a contract from XXXX, but XXXX says XXXX financial purchased it on XX/XX/XXXX as well. My questions were left unanswered in my Request-Form, so how much was the contract purchased for from XXXX? Why is my private information being passed around for fraudulent reasons? What is the name of the registered agent that endorsed my instrument? See attached, XXXX sold Instrument twice - EXHIBIT. 

15 USC 1692e ( 8 ) Santander consumer USA has communicated with Consumer reporting agencies 1 day after receiving my XXXX & XXXX, XXXX, XXXX XXXX  EXHIBIT and has failed to communicate that the alleged that was disputed by an affidavit. See page 2 of my Affidavit of Debt Validation. The first sentence states, XXXX is currently disputed by Santander consumer USA and myself. See attached, XXXX & XXXX, XXXX, XXXX XXXX EXHIBIT. 

15 USC 1692e ( 10 ) Sending me a statement in a positive number claiming payment is due is deceptive and it is causing me stress to know that Santander consumer USA is not following federal law and instead is willfully choosing to follow policy of their company, even in clear violation of federal law. Fraud fraud fraud. See attachment Stmt XX/XX/XXXX & XX/XX/XXXX - EXHIBIT 15 USC 1692f ( 8 ) All communications from Santander consumer USA contains symbols from this debt collector and is a violation of the fair debt collection practices act. I have found XXXX individual on this matter which again is in direct violation of the fair debt collection practices act. See attachment Stmt XX/XX/XXXX & XX/XX/XXXX - EXHIBIT. 

15 USC 1692g ( a ) Santander consumer USA did not include on any written notice that prescribed XXXX 15 USC 1692ga ( 3 ) ( 4 ) ( 5 ) said that a debt collector shall. These willful individual actions by Santander consumer USA violates the FDCPA and me as a federally protected Consumer. See attachment 'Stmt XX/XX/XXXX & XX/XX/XXXX - EXHIBIT. ' 15 USC 1692g ( b ) I have requested the name and address of the original creditor and that I am disputing the validity of the alleged obligation, as prescribed in federal law. See Santander consumer USAs response to this request which caused me to involve the bureau, the Consumer Financial Protection Bureau. See attached, XXXX XXXX XXXX, XXXXXXXX XXXX - EXHIBIT as proof. 

15 USC 1692j I applied to extend my own credit to myself on XX/XX/XXXX with XXXX. The finance charge should have been the sum of all charges based on my understanding of 15 USC 1605. The instrument I signed was sold to two debt collectors as defined under the FDCPA. Santander Consumer USA and XXXX XXXX based on written correspondence from XXXX and now as of today Santander consumer USA is sending me communication, violating my cease and desist and claiming that I owe an alleged debt. It is unlawful to furnish such forms to have me believe that I am participating in such collection when I am not. See XXXX sold Instrument twice - EXHIBIT & Stmt XX/XX/XXXX & XX/XX/XXXX - EXHIBIT Lastly, see attachment XXXX  XX/XX/XXXX fax/response - EXHIBIT page 11. It states, " ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. '' I have listed my claim and I have a right to payment for these violations of the Fair Debt Collection Practices Act. Prove me wrong.

Company response to consumer: Closed with explanation