Consumer complaint received 2020-09-13
Company: Santander Consumer USA Holdings Inc.
State: MI
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
To whom it may concern, On XX/XX/XXXX, I went into the dealership to purchase a vehicle as the vehicle I had previously purchased that was being financed through XXXX  was having mechanical issues. With having bad and over extended credit I was told that they had a bank that would have no issues approving me. This was a TRAP in it self when they knew I had a negative residual income after letting me know what the payments would be. From my understanding this loan was also powerbooked as it was a corporate used vehicle that already had miles on it and was misrepresented as a " new '' vehicle. Within minutes my husband ( that had no income coming in ) and I were approved with an excruciating payment. However, we had no other choice. During the coarse of the loan I had called Santander asking to defer payments due to not being able to afford the payments ( There are voice recordings for this ) and it was at the beginning of the loan. Shortly after having the vehicle it cause so much financial burden I was forced to claim Bankruptcy. Santander did not show up to the bankruptcy hearing which resulted in no re affirmation. I did at one point continue to pay the loan after my bankruptcy. However, as stated this became such a financial burden I could not anymore. When calling Santander to see if the vehicle was out for repossession they had stated they no longer were handling my account and it was sold to XXXX XXXX XXXX. When I contacted this company I requested the Title for the vehicle as Santander no longer owned the debt and I was having mechanical issues with the vehicle. The original representative I spoke with advised me that they would be " passing '' on the vehicle and all I needed to do was send in a copy of the diagnostic report from the mechanic that had the vehicle. This information was sent to XXXX. When contacting XXXX group back to get the title I was informed by the representative ( on a recorded line ) that Santander should have never sold them the debt because of the mechanical issues and the bankruptcy on file and the file would be going back to them. When contacting Santander on SEVERAL occasions they had no idea what I was talking about and stated they were not handling the account. I then again requested for the title and was denied. I also asked if the vehicle was out for repossession on several occasions and was told no. On XX/XX/XXXX I had a man come to my door asking me for the keys to the XXXX and was repossessing the vehicle for Santander. I was a bit surprised after I had called on several occasions and was told it was not out for repo AND how could they do this during a PANADEMIC! When I walked out side I seen the vehicle had already been hitched from the rear. As soon as the repo contractor pulled off I received several warnings from XXXX in my email as the contractor was towing the vehicle improperly. When reviewing the damage to the car from the repossession it would have been impossible to pay to retrieve the vehicle and pay for repairs. I feel Santander violated SEVERAL of my consumer rights over the years and I am demanding ALL of the {$8800.00} payments I made or for the vehicle back with a clear title. If this demand if not fulfilled I will be pursuing this matter through litigation. Furthermore, a copy of this complaint and demand has been sent to the Michigan Attorney Generals office. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Mi XXXX Creditor : Santander Acct # : XXXX Vin # XXXX

Company response to consumer: Closed with explanation