Consumer complaint received 2020-08-23
Company: Santander Consumer USA Holdings Inc.
State: TX
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
With regards to XXXX XXXX : When I first got the car, whenever I took it out of automatic and put it in manual using the steering wheel gear shifts, the car would act suspicious. Whenever I came to a complete stop in that mode, the engine would rev when my foot was on the brake and continue to attempt to go in a forward motion. 

My mother is a witness. Coming off a highway on an incline as we were leaving church, the car did what I previously described and I almost ran into the rear of a vehicle. After the issue appeared, I contacted the dealer and attempted to tell them about the issue. They ignored me and said the car was fine. 

I returned the vehicle to the dealership, for this reason and because of other reasons, i.e. they fraudulently changed leasing terms and bank agreements for financing after I took the vehicle off the lot. 

When I returned the vehicle, I did not drive it again for over a month. After they threatened to sell it, but didn't fix it, I returned for the vehicle. I then saw a news report that stated the model was recalled due to the same issues I was experiencing. When I returned to pick up the car a second time, I informed the dealership and their agent XXXX XXXX XXXX XXXX about my concerns. XXXX dismissed my concerns and told me the car was never recalled and he knew nothing about a recall on the vehicle. Once I got in the car and inspected it, I realized the car had more miles on it, at least 200-250, since I last returned it to the dealership. 

I immediately went back in to confront XXXX about it and asked to see documentation regarding the vehicle and any records of the car being driven without my permission. XXXX refused to give either claiming the car had not been driven. When I asked how he accounted for the additional mileage, he dismissed me and my complaints again. 

I had an appointment to have the car looked over after I got it back. I drove it a bit more to see if the car was continuing to do what it did, and it was. The car had not been fixed and nothing had changed. I then stopped driving the car for fear I could get into an accident. 

I had an appointment to have the car looked over by my family mechanic, since the dealership refused to look into it. The day before I was scheduled to drop it off to have my suspicions confirmed, the dealership towed the vehicle and told me they would be repossessing it. Since then, I have been attempting to get a lawyer after my complaints to the XXXX, the CFPB, and now the Texas Attorney General have been unable to get me my previous car back. 

Under Texas Lemon Law, I gave them adequate notice there was an issue with the car. I fear they would deny I brought it up. I had video evidence on a handheld 360 camera of XXXX denying the issue existed and dismissing my claims, but the file was corrupted. 

I know the car was " new '' and I know I was unable to take it to get checked out, but my mother and a few other passengers can attest to the car doing what I said it was doing. After it " sat '' at the dealership and others drove the vehicle, I felt the car was doing it even worse than before. 

I was unable to get my trade-in back, unable to get the car serviced, and unable to have my concerns addressed. Now they have the car, but they are likely going to just resale it and not address the issue. This could leave the next owner in serious danger as well if they attempt to use the manual transmission instead of the automatic. 

P.S. : I have attached their response to my CFPB complaint. Notice they say they never received my XXXX  complaint, but I have documentation of them receiving and responding to that as well. The text from that complaint and the contact information for the case worker is listed below. 

Also, I attempted to get the audio from the times I call XXXX, Chrysler Capital, and XXXX XXXXXXXX regarding my issues with the vehicle, but none of them have complied with my requests. 

TEXT FROM CFPBXXXX Complaint : Check complaint filed with the XXXX XXXX XXXX XXXX XXXX   in XXXX XXXX Texas. Contact XXXX XXXX, Investigator XXXX XXXX, Dispute Resolution Specialist Better Business Bureau XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, TX XXXX p : XXXX XXXX  Start With Trust My Complaint number is XXXX. Additionally, the people responsible for the irresponsible, negligent, and treasonous acts are XXXX XXXX XXXX XXXX, XXXX XXXX, and XXXX from finance. Each have been reported to XXXX XXXX XXXXXXXX for their fraudulent acts and I have already submitted documents to the Texas Supreme Court regarding their irresponsible activities. My original car has been taken, fraudulently. I have not had it since XX/XX/2018. The car was reported stolen through my insurance provider and they too have done nothing to attempt to recover the property or provide me with my monetary compensation. Hello XXXX XXXX, I went to XXXX XXXX and requested they take my trade in to receive a business car. I did not receive that. Instead, they gave me two weeks to drive the car for business purposes. When I returned a few days ago, Thursday, I requested they refund me that amount. They did not do that. Instead, they retitled the car, sold it at an auction, and refused to comply with original terms. This car is no longer mines. It has been sold fraudulently. Any and all insurance and other things associated with myself or my mother are not our concern or faults. The dealer that financed it is XXXX and his co-conspirator was XXXX XXXX. Any future correspondence regarding this emails is incorrect. I do not personally own this vehicle in any way, shape or form. Ive filed a complaint with XXXX and am awaiting a hearing to discuss proper refunds. I have all documentation concerning the transactions that took place. Please give me a call if you have any questions. Sent from my XXXX I made calls to the XXXX Police Department, multiple times. I did not receive any assistance because I was told it was " out of their jurisdiction. '' There are XXXX calls from me in their system. The car was towed about 48 hours ago. I have been told I have more time to pay it off by the bank Chrysler Capital, but " the bank '' and their agents have been aware of my situation since XX/XX/2018. Also, about two weeks ago, I got an account to research my previous car " XXXX XXXX '' and and when I searched it I saw an old social media picture of myself and friends riding in that car about 5 years ago from XXXX to XXXX. The picture appeared to state I have an arrest warrant for acts carried out in that car, however, I do not have a XXXX record and have not been a part of any illegal activities in that car. The new car is a XXXX XXXXXXXX XXXX  model and I still have both sets of keys and one of the license plates. As far as XXXX  XXXX I still have the plates and as you will notice from your investigation, the auto dealer, their agents, and the police have yet to find the car, the owner, the seller, or anyone else involved in that transaction. Further evidence includes the following ... NTTA tickets for the vehicle that occurred following XX/XX/XXXX. I have not been in that car, seen that car, or had any possession of it since that date. I have no idea what has occured in it since that date. I don't know the owner. It isn't on my insurance and I have not been the legal owner since that date. A parking ticket from XXXX PD from the last day I had the vehicle. It was parked downtown the notice number is XXXX with plates XXXX. I refused to pay that ticket on that date, because, the VTR form was never properly filed. During the meeting on XX/XX/2018, at the XXXX XXXX XXXX XXXX location. XXXX XXXX and company refused to apologize, they refused to provide a refund, and they refused to take responsibility for their irresponsible activity. I, to this day, do not have a vehicle. They ruined my credit score, and it was all due to the business potential tied to my name, social, business acumen, ability to produce/create/write music, etc. I do not trust them. I will never return, because it has taken everything in me to not return to that dealership and deliver retributive justice. As I have stated in my numerous complaints, I do not want my old car, I do not want their new car, I want my money back and compensation for this being the toughest summer of my life. Thank you, XXXX Thank you, XXXX XXXX XXXX.

Company response to consumer: Closed with explanation