Consumer complaint received 2018-08-10
Company: Santander Consumer USA Holdings Inc.
State: CA
Product: Debt collection
Sub-product: Auto debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Please reference complaint # XXXX. 

To Whom It May Concern, XXXX XXXX has failed to send the legal required accurate validation of this debt. They were notified that your actions are detrimental to me and that the company has violated ( including but not limited to ) the Consumer Credit Protection Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act. 

XXXX knew or should have known that the actions taken against me and the information collected about me was inappropriate and damaging to me. XXXX  failed to use reasonable care in the course of business and failed to use even minimal procedures to ensure that I was not harmed. Communicated and are continuing to communicate incorrect and defamatory information to third parties including but not limited to : XXXX, XXXX, and XXXX XXXX. 

As a result of these blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at XXXX XXXX intentional infliction of emotional distress and at the other diminishes of the quality of my life. 

XXXX XXXX is fraudulently reporting this account with a balance of {$21000.00} and the past due balance as {$16000.00}. Please be advise my previous certified, notarized letter dated XX/XX/2018, requested your company to submit proof of accurate debt within 14 days from the receipt of the notice. XXXX not only failed to provide me with such proof of the debt but also failed to submit such documents to XXXX XXXX, XXXX, XXXX XXXX XXXX and The Consumer Financial Protection Bureau. Instead XXXX  supplied proof to the CFPB, XXXX  as well as I, confirming that the original agreement was for {$20000.00}, that XXXX received a total of {$14000.00} in payments from me in the form of check, XXXX and XXXX and that the car was sold at an auction in the amount of {$4000.00}. Which is proof that XXXX   received a total of {$18000.00} for VIN # XXXX. That leaves a balance of {$2700.00}, which is the only amount that Im responsible for and willing to pay in order for this account to be resolved for both myself and XXXX XXXX ( co-signer ). As advised the original contract is considered NULL AND VOID. 

I am now demanding the immediate and complete correction or removal of this account from my credit reports ( XXXX, XXXX, and XXXX XXXX ). Please note debt collectors are prohibited from giving false information. Under the Fair Credit Reporting Act, only accurate, timely, and verifiable information can appear on my credit report. For this reason, Ive advised and requested that the Credit Bureaus, XXXX and CFPB have the inaccurate collection account removed from my credit report. 
Please understand that I am extremely concerned about the consequences of the actions XXXX XXXX is having on my life. Please be advised that, if this matter is not resolved by XXXX XXXX, I will take any and all necessary steps to protect my rights as well as form a class action lawsuit against XXXX XXXX. Per the CFPB I have grounds to do so as well as them investigating XXXX XXXX  as this is only one of many claims against your company. 
Thank you in advance for your attention to this matter.

Company response to consumer: Closed with explanation