Consumer complaint received 2021-03-24
Company: Santander Consumer USA Holdings Inc.
State: NV
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Santander Consumer USA , Inc. has been reporting that they " indirectly '' loaned me funds to purchase a car & reported to XX/XX/XXXX andXX/XX/XXXX. I filed a police report with XXXX Police Department and the Federal Trade Commission Identity Theft report and supplied the reports to the credit bureaus. All credit bureaus removed the Santander account from my report pursuant to Fair Credit Reporting Act 605b ( 15 United States Code 1681c-2 ) on or before XX/XX/2021. In XX/XX/2021, I sent Notice of Demand for Assurance of Performance and an Accounting to Santander demanding that they verify the debt with the production of a full accounting on the alleged auto loan. Santander NEVER responded to the Notice and Demand, and instead sent a XXXX contract, a payment history, and a cover letter expressly stating that they refuse to provide me with any information regarding the funding and/or origination of the alleged debt, and they also refuse to turn over any funds they've collected on this account. Their documents were sent back to them, " Refused For Cause : Non-Responsive '' along with a Certification of Non-Response since they blatantly refused to provide the requested information in my Notice and Demand. This also means that the XXXX XXXX XXXX prevents them from furnishing the requested accounting and adequate assurance at a later date. As a publicly traded company, Santander Consumer USA , Inc. is required by law to follow Generally Accepted Accounting Principles and provide me with the double-entry bookkeeping accounting that I requested to prove whether or not Santander did in fact loan me funds. Santander has not listed an " Original Creditor '' on any of my credit reports. Santander has failed to produce evidence of a loan, and therefore, they prove what I've been stating, that I do not and have not ever had a contract with Santander. I do not owe Santander any debt. Santander never loaned me any funds. I am not liable for the debt they allege. I believe, and my belief was certified by Santander not responding to my Notice and Demand, that their full ledger accounting for this account will show that they never issued a loan and took a promissory note with my information on it in as an asset on their books for which they have an outstanding liability owed to me. The accounting will also show that they have been unjustly enriched by this matter and owe me even more than the amount of the promissory note. On or around XX/XX/2021, Santander started harassing me again and reported this alleged debt to the credit agencies again. This fraudulent account has shown back up on all three of my credit report. All three credit reports, Santander reports completely different false information. On XX/XX/XXXX Santander claims this account has been charged off 64 times, the balance owed is {$19000.00}, which is different from the {$0.00} amount owed on the other two credit bureaus. On XX/XX/XXXX, Santander reports that I have 1 missed payment ( 32 on time payments out of 33 ) and the balance is {$0.00}. On XX/XX/XXXX, Santander reports a {$0.00} balance and a charge off with XXXX late payments. 

Santander has and continues to violate the law. I have initiated the process to recover equitable damages legally for their blatant violations.

Company response to consumer: Closed with explanation