Consumer complaint received 2021-11-01
Company: Santander Consumer USA Holdings Inc.
State: NV
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
On XX/XX/XXXX, Santander Consumer USA contracted via a company called XXXX XXXX out of North Carolina to repossess my vehicle. At approximately XXXX XXXX. on XX/XX/XXXX, a tow truck driver illegally gained entrance to my community by breaking into the locked gate at the entrance to my community. I live in a gated community and the only way to get in is either via a remote control, which I had in my possession, or by a code of which I had never provided to Santander. Furthermore, the community is private property, has a cement wall surrounding the entire complex, and the community does not allow access to any third party without prior permission. 
At the time the tow truck driver arrived where I was staying and had my car parked, a neighbor saw him in the process of the repossession and witnessed the entire event. She walked up to my home, asked him what he was doing, and took a picture of him because our community has a neighborhood watch. She informed him at that time that he was not allowed in the community, there is a neighborhood watch, and that he is not allowed to be on the property. He told her to mind your own business. Im just trying to get a job done and not get shot. He was aware he was breaching the peace at this point. She watched him breach the peace even further as to where my vehicle was parked, my boyfriends truck was blocking access to my car. She witnesses the tow truck driver reaching into my boyfriends truck through the cracked window on the passenger side. He then unlocked the passenger door, open it, reach across the seat to the drivers side and unlock that door. He then walked around the truck, got into it on the drivers side, put it in neutral ( it is a manual transmission ), and roll the car backward down the street, and left it in the street blocking our neighbors driveway. He then gets out of my boyfriends truck, does not bother to lock it back up, removes a toolbox from the front seat, and walks back up to his tow truck. He then proceeds to take possession of my vehicle and in the process gouges the cement driveway to my boyfriends house. He then leaves. 

I called Santander Consumer USA the next morning and made arrangements to retrieve my vehicle. On XX/XX/XXXX I went down to XXXX XXXX XXXX XXXX which was the towing company that had taken my car. They had me sign several pieces of paper one of which pertained to damage to my car and my personal property inside the vehicle. The woman I picked my car up from told me verbally, also of which my boyfriend heard her say, there was no damage to the vehicle. I could NOT verify this before I took possession of my vehicle as they wouldnt even give me the car until I signed the paperwork. I showed her the picture of the tow truck driver and she confimed he does work for them. Upon getting my car back I noticed that there were 5 black lawn size trash bags full of my personal belongings. I had recently been evacuated due to the XXXX XXXX XXXX in XXXX XXXX, Nevada so I had my car full of clothing, appliances, and many other personal items that I was trying to save in case my home was burned down. 

On XX/XX/XXXX I left for a trip to Colorado as my father had recently passed away and we were holding a memorial service for him just for the family on XX/XX/XXXX. I noticed at that time I had a large chip in my windshield and a gouge in the paint on the right rear of my car next to the fuel cap. I did not have time to call Santander so I emailed the towing company to let them know I had damage. I also removed all the black trash bags from my car and placed them in my boyfriends garage as I would have to sort through them when I returned from Colorado. I noticed then that all the bags had large tears and holes in them as if someone had drug them across a rough surface. They were all torn and ripped in various areas. 

On XX/XX/XXXX I returned from Colorado and began sorting through all the trash bags. I called Santander, too, to let them know I had damage to my vehicle. I reported to XXXX XXXX AND XXXX XXXX XXXX that I had damage to my car and personal belongings. They required me to fill out an incident report and provide receipts, photos, estimates, etc., of all the damage done to my car and personal belongings. I did so. Approximately 3-4 weeks elapsed, and I finally heard from XXXX XXXX. They denied any culpability nor responsibility for the damage done to my car as well as the damage done to my personal property except for a picture and a torn nylon laundry bag. I then asked Santander and Resolvion to provide me with evidence that supported their denial of my claim. They had informed me via email that they had pictures and an inventory of my car and belongings that was done when they had picked up my car. They denied my request and said that they would not provide any proof to me of the inventory and pre-existing damage and that I would have to get that from the vendor that XXXX XXXX had hired, the tow truck company called XXXX XXXX XXXX XXXX. 

At this point, I have had it. Neither Santander Consumer USA nor XXXX XXXX has provided me any support that confirms the denial of my claim. They both engaged in illegal debt collection activity which resulted in damage done to my property and to my boyfriends property. They refuse to pay for any of their damages whatsoever. 
I sustained {$6600.00} in damages and my boyfriends stolen toolbox and damage to his concrete driveway are {$3400.00}. I have spent numerous hours trying to work things out with both companies and all they do is try to shove responsibility off on the other so all I end up doing is going around in circles with them. 

Per the FDCPA : Section 9-503 of the Uniform Commercial Code authorizes secured lenders to seize possession of their collateral after the borrower defaults without judicial process if this can be done without breach of the peace. The Uniform Commercial Code ( U.C.C. ) does not define the term breach of peace. 

The black letter definition of breach of peace is conduct or speech that violates the public order, disturbs the public tranquility, or has the potential to provoke violence or is likely to incite immediate public turbulence, or leads to or is likely to lead to an immediate loss of public order and tranquility. Breach of the peace further includes any violation of any law enacted to preserve peace and good order. See, e.g., Kimble v. Universal TV Rental , Inc., 417 N.E.2d 597 ( Mun. Ct. 1980 ). 

Furthermore, it says : Although the law varies somewhat from state to state, the general rule is that secured lenders also breach the peace if they : ( 1 ) repossess the collateral despite the consumer 's objections; or ( 2 ) trespass in order to gain possession of the collateral. 

Lenders breach the peace if they enter the borrowers home without their permission in order to gain possession of the collateral. It does not matter whether the doors or windows are locked. Nor does it matter whether anyone is home. The lender 's conduct amounts to breaking and entering and creates a risk of violence. 

Courts usually rule that motor vehicle lenders who open garage doors in order to claim a car breached the peace. Protecting borrowers garages as the law protects the rest of their homes makes sense because homeowners expect that their right of privacy and seclusion extends to all of their homes and unlawful entry into their garage also creates a risk of retaliatory violence. 

Santander Consumer USA breached the peace significantly in the repossession of my vehicle. The first infraction was when the tow truck driver broke into the gate of my community to gain entrance. He had no way into that community because there is a cinderblock wall all the way around. He also did not have permission from the community manager as I verified this and lastly, he did not have the code to enter in order to open the community entrance gate. There is only ONE way in and ONE way out. He did this at XXXX XXXX. 

This tow truck driver was told to leave the property, that he was trespassing and he blatantly ignored this. He engaged in illegal activity a 3rd time by trespassing and breaking and entering my boyfriends truck, getting into it, and moving it down the street so he could take possession of my vehicle. 

All 4 of these incidents by themselves amount to a breach of the peace and as such Santander Consumer USA has violated the FDCPA under which Im protected. Finally, XXXX XXXX has been sued in state courts in multiple states for this exact type of behavior. I have found court cases in Indiana, California, and Minnesota as recently as XXXX. They changed their name from XXXX to XXXX in XXXX and are still operating and engaging in the same activity. They dont seem to be deterred at all, rather would damage peoples property than take responsibility and engage in ethical repossessions.

Company response to consumer: Closed with explanation