Consumer complaint received 2023-03-08
Company: SANTANDER HOLDINGS USA, INC.
State: TX
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
On XX/XX/XXXX the alleged lender ( Santander/ Chrysler Capital XXXX was sent a packet which included Certified Mail XXXX XXXX XXXX XXXX XXXX XXXX Proof of mailing XXXX Cease and desist notice. 
XXXX Affidavit of Fact XXXX of Signature -due to deceptive practices, and TILA XXXX Affidavit of Recission XXXX Bill of particulars with Exhibits XXXX Request to return Down payment and Conditional acceptance if they provided the requested documentation. 
This documentation was also sent ( CC ) to Texas attorney General and XXXX XXXX XXXX  They confirmed they got it by sending back the certified mail green slip and also by sending a confirmation letter of my Cease and Desist request dated XX/XX/XXXX. Even after find out about their deceptive practices and breach of contract agreement I still remained in honor by paying off the entire statement ( tendered payment ) while waiting on the requested documentation of GAAP bookkeeping entries, validation of debt, and full disclosures.I paid in full using their online portal see screenshot attachments. I need proof that my payments didnt pay off the balance or discharged the loan since my online portal reflected that it was paid off and closed as of XXXX XXXX for the second time see attachments to this CFPB complaint. Since The original loan was 100 percent funded when I signed my contract via promissory note/ my signature endorsement. We are also in a billing error dispute because all of the confusion surrounding this contract .I refuse to re-contract with this company who is not following GAAP or TILA regulations. If a FINANCE CHARGE ( TILA regulation Z XXXX XXXX ) is the cost of consumer CREDIT as a dollar amount and it includes ANY charge of a type payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit. And if A PURCHASE MONEY LOAN ( TILA regulation Z XXXX XXXX XXXX ) is a CASH ADVANCE which is received by the Consumer ( Not a 3rd Party on behalf of the consumer ), Why are Consumers lead to believe they need to bring CASH Or told like I was a down payment was required for the transaction when the FINANCE CHARGE IS THE SUM OF ALL CHARGES? Having firsthand knowledge, I did not receive a CASH ADVANCE as a result of my Finance Charge but are expected to repay the Loan that I never received. They also never disclosed that my insurance payments were supposed to be included in that Finance charge. They did not answer my Affidavit point by point which was requested in my Conditional Acceptance.. An unrebutted affidavit stands as truth in commerce. See 1 Pet. 1:25 ; Heb. 6:13-15. Legal maxim : He who does not deny, admits. An unrebutted affidavit becomes a judgment in commerce. See Heb. 6:16-17. Any proceeding in court, tribunal, or arbitration forum consists of a contest, or duel, of commercial affidavits wherein the points remaining unrebutted in the end stand as the truth and the matters to which the judgment of the law is applied. So not only have I paid once Ive paid twice. The bookkeeping entries prove the following : The alleged lender or financial institution involved in the alleged loan accepted the alleged borrowers loan papers ( promissory note ) as a bank asset offset by a bank liability. The financial institution exchanged the promissory note for credit in the borrower 's transaction account. This means that the bank or alleged lender recorded the promissory note as a loan from the alleged borrower to the bank and the bank ( alleged lender ) first became the borrower. Example : If XXXX goes to the bank and deposits {$100.00}, the bank credits XXXX 's checking account ( transaction account ) for {$100.00}. This credit means that the bank recorded a bank liability account showing that the bank recorded a loan from XXXX to the bank and that XXXX was the lender and that the bank was the borrower. The bank agrees that XXXX is the lender to the bank and that the bank is the borrower because XXXX can walk up to the bank teller and get his {$100.00} or XXXX can write a check for {$100.00} and spend the money. This means the financial institution accepted the promissory note like money as a deposit just like banks accept cash or checks like money and credit a checking account or transaction account. Banks accept legal tender money called cash and banks accept promissory notes like money, which is non legal tender money because promissory notes pay interest, investors will pay cash for the promissory notes giving the promissory notes equal value to cash. According to Federal Reserve Bank publications and Generally Accepted Accounting Principlesthe standard bookkeeping entries banks are required to followthe promissory note was recorded as a loan from me to the alleged lender or financial institution involved in the alleged loan. I was first the lender, and you were first the borrower. When you repaid the loan and returned the money to me, you claimed that the money that you returned to me was not repaying the money that you borrowed from me, but that the money you returned to me was a loan from you to me. I think we all agree in the principle that the one who funded the loan should be repaid the money. According to the bookkeeping entries using GAAP, I was the one who provided the money or funds that created the money that you claim was lent to me. At this time you are concealing the true economics and facts of what you are claiming is a loan. The promissory note is not proof of a loan. The bookkeeping entries will prove who loaned what to whom. If you claim that you did not follow GAAP, then the management of the financial institution issuing the CPA audit report claiming that they followed GAAP will, by law, be committing a fraud. I have every reason to believe the CPA audit report and that they followed GAAP. If you claim that there is an agreement and a loan, then you must stop concealing material facts, answer my questions, and tell me if the alleged promissory note was recorded as a loan from me to the original alleged lender or financial institution involved in the alleged loan or if the promissory note was stolen. According to my records, the promissory note was stolen or recorded as a loan from me to the original alleged lender and that the alleged lender never paid XXXX cent as adequate consideration to purchase the promissory note from me creating the economics similar to stealing, counterfeiting and swindling. I am now demanding that you either stop concealing material facts and answer my questions if you claim that there is an agreement or that you return the stolen promissory note. If you claim that the promissory note was a loan from me to you, I demand that you immediately repay the loan by returning the promissory note and stop the damage to me .If a thief stole my property or wealth and exchanged the stolen goods for cash and returned the cash to me as a loan, the thief concealed the theft, the thief breached the agreement and I have no legal obligation to repay the alleged loan. If a counterfeiter counterfeits money and lends me the counterfeit money which was used to buy my car, I have no legal obligation to repay the alleged debt because the alleged lender was engaged in a criminal act giving me illegal consideration and breached the agreement. As far as I am concerned, you breached the agreement by doing the opposite of what you advertised and agreed to, creating the economics similar to stealing, counterfeiting and swindling, and then refused to give me specific details of the alleged agreement and concealed material facts. A promissory note does not prove that there was a loan of the lender 's money as adequate consideration to purchase the promissory note from the alleged borrower and that no theft or counterfeiting or swindling took place. Past payments are considered extortion payments and do not ratify any alleged loan agreement. At this time the alleged lender has refused to answer questions and give details of the alleged agreement and has refused to zero out the alleged loan or cancel the lien as the alleged lender demands payment or declares they will use legal means to collect. Just so that there is no confusion : money, that is cash, is recorded as a bank asset and a bank liability and means the bank owes money. Checks are not money, checks simply transfer a bank liabilitychecking account balance indicating money the bank owes a customer who earlier deposited moneyto another bank customer 's checking account balance. The bank still owes money that was earlier deposited. I am hereby offering to discharge the alleged debt provided that you give specific answers to my questions regarding the alleged debt, and I will pay off or discharge the alleged debt using the same species of funds or money or money equivalent that the financial institution used to fund the alleged loan check or similar instrument using Generally Accepted Accounting Principles, thus ending all liens and interest. If you claim that there was an agreement, then explain the details of the agreement by answering the following questions here on CFPB website and sending a signed affidavit under penalty of perjury ( to the address provide on my sent in Affidavits dated XXXX XXXX, giving answers to the following questions : 1 ) According to the alleged loan agreement, was the alleged lender or financial institution involved in the alleged loan to lend their money as adequate consideration to purchase the promissory note ( loan agreement ) from the alleged borrower? YES or NO. 
2 ) According to the bookkeeping entries of the financial institution involved in the alleged loan, did the alleged lender or financial institution involved in the alleged loan lend their money as adequate consideration lent to purchase the promissory note ( loan agreement ) from the alleged borrower? YES or NO? 
XXXX3 ) According to the alleged loan agreement, was the alleged borrower to provide anything of value that a financial institution would use to give value to a check or similar instrument in approximately the amount of the alleged loan? YES, or NO? 
.4 ) According to the bookkeeping entries of the financial institution involved in the alleged loan, did the lender or financial institution involved in the alleged loan accept anything of value from the alleged borrower that was used to give value to a check or similar instrument in approximately the amount of the alleged loan? YES, or NO? 
.5 ) Did the alleged lender and financial institution involved in the alleged loan follow generally accepted accounting principles, GAAP? YES or No? Did the financial institution involved in the alleged loan have an audit done by a CPA with the CPA audit stating that the financial institution followed generally accepted accounting principles, GAAP? YES or No. 
6 ) Do you have any information or evidence that the lender or financial institution involved in the alleged loan did not follow GAAP? YES or NO. 
7 ) Was it the intent of the alleged loan agreement that the one who funded the loan is to be repaid the money? YES or NO.

8 ) Are the economics of the alleged loan similar to stealing, counterfeiting and swindling against the borrower? YES, or NO?

9 ) Are all material facts disclosed in the written loan agreement? YES or No.

10 ) According to the alleged loan agreement, was the alleged borrower to lend the borrower 's promissory note to another party such as the alleged lender or financial institution? YES or NO.

11 ) Who is the HOLDER IN DUE COURSE on this alleged loan?

12 ) Who is the Original lender on this alleged loan?

If you refuse to answer these questions with detailed specific answers, we will presume that there is a concealment of material facts and that the promissory note has been altered and stolen and that the alleged borrower provided the money that the alleged lender claims was lent to the alleged borrower. If you refuse to answer these questions, then please return a XXXX balance, return the promissory note, any payments made, return my title free of liens, update all credit reports to paid off, or paid as agreed upon. All correspondence, notices, and affidavits will be used at arbitration. Any appearance made is under duress without my consent and by special appearance only. 
I explicitly reserve all my natural rights as a natural, free human being under contract law of the Divine Creator without prejudice and without recourse to me. I do not consent to compelled performance under any contract that I did not enter into knowingly, voluntarily, and intentionally ( meeting of the minds ). I do not accept the liability of the benefits or privileges of any unrevealed contract or commercial agreement. Willing to sign NDA after my problems have been resolved. Thank you for being my fiduciary but I no longer need your services.

Company response to consumer: Closed with explanation