Consumer complaint received 2021-09-11
Company: Santander Consumer USA Holdings Inc.
State: GA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On XX/XX/2021 I entered into XXXX  XXXX  XXXX XXXX to purchase a car. I gave XXXX  XXXX  my data elements ( SSN, address, place of work, income, etc ) to complete a credit application. The credit application was approved, but I never gave XXXX  XXXX  permission to approve or deny the credit application, I only gave them permission to extend credit to myself, but SANTANDER CONSUMER USA INC provided me with a " loan '' which is a deceptive form pursuant to 15 USC 1692j. At the time I signed this contract I was unaware of the fraudulent document ( s ) and because there is not a statue of limitation on fraud I am filing a complaint against SANTANDER CONSUMER USA Inc or XXXX  XXXX  XXXX XXXX because my consumer rights have been violated. 

A contract is lawful when these four conditions are met : 1 ) full disclosure ( I was not told that I was actually creating the credit with my wet ink signature 2 ) Equal consideration ( SANTANDER CONSUMER USA brought nothing of value to the table so they have nothing to lose ) 3 ) The Lawful Terms and Conditions ( the terms and conditions provided to me were based on fraud ) 4 ) The wet ink signatures of both parties- there is no wet ink signature on the contract from XXXX XXXX  XXXX XXXX or SANTANDER CONSUMER USA Inc. 

Because a loan agreement is a contract and has to be full disclosure of all the details ( which there wasn't ), both sides have to put up something of equal worth ( which didn't happen ), and the contract has to be signed in wet ink by both parties ( which SANTANDER CONSUMER USA Inc can't do ), this contract is null and void. 

I was sent a statement which is a violation under the Fair Debt Collections Practices Act ( FDCPA ). The following violations are as follows : 1 ) This statement says that the total amount due is 359.38. FDCPA Violations 15 USC 1692e ( 2 ) ( a ) ; 15 USC 1692b ( 2 ) ; 15 USC 1666b ( 4 ) ; 15 USC 1643 ( d ) 2 ) The due date of XX/XX/XXXX. FDCPA Violation ( s ) : 15 USC 1692d ( 2 ) 3 ) Principal Balance of XXXX. FDCPA Violations : 15 USC 1692e ( 2 ) ( a ) ; 15 USC 1692b ( 2 ) ; 15 USC 1666b ( 4 ) ; 15 USC 1643 ( d ) 4 ) Estimated Payoff of XXXX byXX/XX/XXXX. FDCPA Violations : 15 USC 1692e ( 2 ) ( a ) ; 15 USC 1692b ( 2 ) ; 15 USC 1666b ( 4 ) ; 15 USC 1643 ( d ) 5 ) Pay by mail address. FDCPA violation : 15 USC 1692e ( 10 ) On XX/XX/2021 a representative from SANTANDER CONSUMER USA called me at XXXX and the call was 6 minutes and 21 seconds ( this call is a violation which is {$1000.00} per minute ). The representative verified that he was talking to myself and said " this is an attempt to collect a debt and that any information obtained will be used for that purpose '' although a company has to say this pursuant to 15 USC 1692e ( 11 ), they also can't say that a consumer owes a debt pursuant to 15 USC 1692b ( 2 ). The representative continued his speech and said that the payment was a couple of days past due and asked how I would like to take care of the past due balance, this is a violation pursuant to 15 USC 1692e ( 2 ) ( a ) ; 15 USC 1692b ( 2 ) ; 15 USC 1666b ( 4 ) ; 15 USC 1643 ( d ). I asked for the payoff amount of address and the representative said the payoff amount of XXXX and provided me with the address. The representative also asked me to verify my information they had on file and because I was in the middle of work I told them the information they had on file has not changed and I hung up. This phone call was a violation pursuant to 15 USC 1692d ( 2 ) as all words spoken by the representative were the use of obscene or profane language or language that natural consequence of which is to abuse the hearer or reader. Also, pursuant to 15 USC 1692c ( 1 ) " at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after XXXX oclock antemeridian and before XXXX oclock postmeridian, local time at the consumers location '', this law says " a debt collector shall assume '' well it is never a convenient time to contact me about a debt that I do not owe. 

Pursuant to 18 USC 8 I defer this amount of XXXX to the United States since it is their obligation, so if you need to collect any amount from any person that is who you need direct further communication about a debt to as it relates to XXXX XXXX. 
I, XXXX XXXX, am a consumer who does not owe the debt in the amount financed of XXXX and because of the reasons stated above, I am demanding this amount to be XXXX and any liens to be removed and the title to be released to me for true ownership to this vehicle.

Company response to consumer: Closed with explanation