Consumer complaint received 2022-03-03
Company: Santander Consumer USA Holdings Inc.
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
AFFIDAVIT OF FACT In The Matter Of : XXXX XXXX, a man / woman To : Santander Consumer USA , Inc., a woman/man ; Dear Santander Consumer USA , Inc , a woman/man, You, Santander Consumer USA, Inc , a woman/man , have engaged in multiple violations against I, a woman, without right. I recently looked at my car contract and found many issues that are in direct violation of my consumer rights under 15 U.S. Code 1605 and 16 CFR 433.1d. I am a woman, the consumer in fact it is my understanding that I am going to tell the truth the whole truth in all matters here. Having so qualified my testimony I now take my affidavit and submit it into court record in full and state that everything in my Affidavit is the truth and the whole truth for the record. Made under penalty of perjury. I, a woman, the consumer in fact has personal knowledge of, and asseverate the following : 1. Fact, I, a woman, the consumer know that The Fair Credit Reporting Act 15 USC 1681 was made by congress to ensure accuracy and fairness of credit reporting. The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. 2. Fact, I, a woman, the consumer knows that on XX/XX/XXXX, I purchased a used XXXX XXXX XXXX from XXXX XXXX XXXX XXXX XXXX. I know that 16 CFR 433.1d is a purchase money loan that is a cash advance which is received by a consumer in return for a finance charge within the meaning of the Truth in Lending Act and Regulation Z. I was never disclosed about a purchase money loan let alone knowing that it was actually a cash advance that was due to me. The dealership or finance company never made me aware of this during the consummation of the contract. Another violation was the withholding or not being disclosed that I was signing this money over to the finance company Santander. I was told that Santander Consumer USA would be the one who was lending me the money when in fact that was false and a lie and a violation of my consumer rights. Under the Truth in Lending Act and Regulation Z, I was lied to by the creditor because I was really giving them my cash advance I never knew about from my purchase money loan that was due to me and signing it over to the finance company. As a consumer, I legally have a right to know that my signature is being sold/transferred to another party and the process of the finance charge. The contract is a Consumer Credit Transaction not a Retail Installment Contract as stated on top which is another lie and violation. The contract was with XXXX XXXX XXXX, XXXX but somehow Santander Consumer USA got involved without me knowing and being fully disclosed on how. How can the dealership transfer/sell my signature and the security interest in the vehicle to another party when the contract I have with them is not even binding because technically their signature is not even on contract because the dealership can not speak nor talk so how do they have any control over what happens to the contract ; they dont. I walked into the dealership to purchase a vehicle under a consumer credit transaction per law 15 USC1602 and I am the original creditor per law 15 USC 1692A ( 4 ) but was not made aware or fully disclosed that my signature and cash advance from the purchase money loan was being sold/given to another party which is Santander Consumer USA XXXX This is a violation of my rights which voids the entire contract altogether. 3. Fact, I, a woman, the consumer also knows that 15 U.S. Code 1605 is determination of finance charge which is defined as 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. The finance charge does not include charges of a type of payable in a comparable cash transaction. If the finance charge supposed to be the sum off all charges and does not include charges comparable to cash, then why was I required and told by said dealership above and in question that I had to make a down payment in order to get the vehicle. I made a down payment of {$2000.00} cash but was not made aware or disclosed by the creditor XXXX XXXX XXXX XXXX XXXX and Santander Consumer USA on XX/XX/XXXX, that I actually was not required to make said payment because its included in finance charge, but it is also illegal under 15 U.S. Code 1605. Definition of finance is to provide funding for something and in this case the funding was for a vehicle but how can I be given money for a vehicle but at the same time have to give cash in order to get the funding. This is the purpose of truth and lending to fully disclose what my finance charge is and everything that is included and said company above has violated my consumer rights by not doing so which caused me to suffer a financial hardship because the deposit for the vehicle was my savings and I did not want to put anything down towards the vehicle but again was advised by the creditor I had to. 4. Fact, I, a woman, the consumer knows that 15 U.S. Code 1605a explains what a finance charge includes which is interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. Service or carrying charge, Loan fee, finders fee, or similar charge. Fee for an investigation or credit report and Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. XXXX XXXX XXXX, XXXX AND Santander Consumer USA a woman/man, have engaged in violations under this law because I was charged multiple fees such as sales tax of {$910.00}, GAP, title fee of {$50.00}, processing fee of {$75.00}, SVC contract of {$1500.00} and registration/inspection {$120.00}. I also show an itemization of amount financed for some of these items separately, but I shouldnt because thats more money you are adding on to the finance charge from what you already said I was paying under the finance charge at top of the contract. Again, this is another violation of my rights under 15 U.S. Code 1605 that caused me financial hardship because I had to include more money out of my pocket for these fees which raised my car note even more monthly. 5. Fact, I, a woman, the consumer knows that 15 U.S. Code 1605 b and 15 U.S. Code 1605c states Life, Accident, Or Health Insurance Premiums and Property Damage and Liability Insurance Premiums are included in the Finance Charge. Charges or premiums for credit life, accident, or health insurance written in connection with any consumer credit transaction shall be included in the finance charges. During the consummation of the contract, I was asked did I have insurance and the salesman even got on the phone with insurance company to verify and give them vehicle information but never stated that the premium was supposed to be included in the finance charge. I did not receive a statement or disclosure from the creditor stating that I was entitled to have my premium included in finance charge, therefore they withheld this information and lied to me throughout this transaction. I, a woman ... : woman, am not an expert in the law, however I do know right from wrong. If there is any man or woman damaged by any statements herein, if they inform me by facts, I will sincerely make every effort to amend my ways. I hereby and herein reserve the right to amend and make amendment to this document as necessary in order that the truth may be ascertained, and proceedings justly determined. If the parties given notice by means of this document have information that would controvert and overcome this Affidavit of Fact, please advise me In written affidavit form within ten [ 10 ] days from receipt. Provide me with your counter-affidavit, proving with particularity by stating all requisite actual evidentiary fact and all requisite actual law, and not merely the ultimate facts or conclusions of law, proving that this Affidavit of Fact is substantially and materially false sufficiently, to change materially my Status and factual declarations. Your silence stands as consent to, and tacit agreement of, the Claim and factual declarations made herein being established as matters of fact and matters of law. I, a woman ... : woman declare under penalty of perjury, that all herein be true, and will testify viva voce in open Court, that all herein be, true, so help me God.

Company response to consumer: Closed with explanation