Consumer complaint received 2021-08-06
Company: Santander Consumer USA Holdings Inc.
State: KS
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
Mr. XXXX, XXXX XXXX XXXX, Chrysler Capital XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, and XXXX XXXX, I hereby rescind any signatures obtained by XXXX XXXX XXXX XXXX XXXX XXXX " XXXX '' XXXX and Chrysler Capital XXXX to the vehicle known as VIN XXXX ( attached ) based on fraud, misrepresentation of facts, intentional deceit and consumers fraud. 
The Kansas Consumer Protection Act prohibits misleading, deceptive and unconscionable trade practices I was defrauded and Chrysler Capital created a fraudulent loan and I have been paying on this fraudulent loan for 2 years and 8 months. Chrysler Capital placed a loan in my name without me completely signing for a loan and without me purchasing a car. I never signed the purchaser agreement and never signed all pages of the loan contract. Chrysler Capital unlawfully paid off a car that I never purchased and placed a unlawful loan in my name with 24 % interest without me ever agreeing to purchase a vehicle from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and Chrysler Capital have defrauded me out of more then XXXX dollars and have misrepresented facts. below is a description of the unlawful acts. I now have a loan in my name for a car that I never signed fully signed a loan contract for and I am up to date on the fraudulent loan. I have been paying the highest interest on the car of 24 % and I do not own the car/ the car is defective and had more miles on the car then the loan paperwork stated. 

I hereby formally demand the XXXX refund me all monies collected from me for VIN XXXX immediately including all Service Department costs, Insurance, fees relating to payments for the vehicle to the lender to date. Starting with but not limited to {$16000.00} paid by cashier 's check dated XX/XX/2018, and {$25000.00} paid to date to Chrysler Capital. 

The fraud and deceit have been ongoing since XX/XX/2018 to date with no resolution. To name only a few which you are fully aware of include ; 1. A purchase agreement was never presented to me for my signature. I never signed a purchase agreement.

2. Title was never given at any time ( 2 years and 8 months XXXX including within the required 60 days after I have been paying a loan for Vin Number XXXX for two years and 8 months.

3. The retail installments contract, simple finance arbitration provision in its entirety was never delivered to me. Page 2 was unlawfully withheld from me for my signature therefore I was not free to take the agreement and review the full document nor given an opportunity to review said document with counsel.

4. After reviewing all the documents in which I just received from XXXX XXXX I understand that I do not own the vehicle that I have been making payments on for 2 years and 8 months. 
XXXX. I have also been unable to drive the vehicle for 2 years and 6 months because I had no title to register nor any ownership. ( KS Statute 8-127 ) The entire transaction was an incomplete process and remains incomplete to date. 

The only signatures of mine obtained by XXXX are ; The retail installment contract/arbitration provision page 1, 3, 4 and 5 therefore I am rescinding these signatures for fraud and deceit. I also rescind my signature that appears on the credit application dated on or around XX/XX/2018 ; The XXXX specific insurance policy document ; The agreement not to export ; Signatures of mine that were not obtained at any time required by law to complete any transaction, included but not limited to, are as follows ; 1. Vehicle Purchase Agreement. ( I never signed or initialed for arbitration ) 2. Vehicle ownership transfer agreement 3. Agreement to provide accidental physical damage insurance ( although my XXXX policy number is stated on the document ).

4. The odometer disclosure statement.

5. Registration and title paperwork.

6. Application for Missouri title and license.

7. Buyers Guide - for " As Is - No Warranty '' / Warranty 8. Commitments made. ( Not dated or approved by manager ) 9. Used vehicle damage disclosure.

10. Kansas Department of Revenue - Dealer/Purchaser Declaration of Exemption.

11. Privacy notice I am demanding all of my money back from this unlawful act.

Company response to consumer: Closed with explanation