Consumer complaint received 2021-06-03
Company: Santander Consumer USA Holdings Inc.
State: SC
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Loan sold or transferred to another company

Complaint:
On XX/XX/XXXX, while parked at XXXX XXXX in XXXX SC, my vehicle was towed. I was parked in the order to go and told by an employee that I could not park there. I said that I would run in to order to go and leave in a short time. I entered the restaurant and ordered. About fifteen minutes later, I saw a tow truck. I saw a man hooking up the car to tow it away. I ran towards my car, and yelled for the guy to stop, but once he hooked up the car, he ran and jumped into the passenger side of the tow truck. I observed a red tow truck drive off with my car. I pursued the tow truck, and again yelled to the driver to stop the tow. But he continued to drive away with my car. I pursued the driver and asked him to stop saying he had no right to take my car. He then yelled out the window, Im doing what I was told. At no time did the tow drive identify himself or assert that he had the order or right to tow the vehicle. The driver sped through the parking lot where children and pedestrians were present. The driver breached the peace. Notably, there were two white men in the vehicle, but I was unable to identify them. I did not see any signs on the vehicle. I spoke with the Manager of the restaurant who denied that he called the tow. I also asked for video surveillance of the incident. I started calling tow companies hoping to locate the company that towed my car. I then called the police hoping the tow would be reported. XXXX XXXX Police said that the tow had not been reported and the driver had an hour to report. Meanwhile I continued to call the various tow companies, and told these tow companies had not towed the car. I called the police incessantly and told that the tow was not reported. After several hours I believed that car was stolen, and police believed the car was stolen, but delayed to file the police report, hoping the tow driver would report the tow. However, the tow driver never reported to the police. And on XX/XX/XXXX, Sunday, XXXX XXXX Police called me saying that it believed the car was stolen. The Police asked me to come to the Law Enforcement Center to make the report. But unfortunately, I was unable since I didnt have transportation. So, the detective asked permission to go outside city limits. The detective came to my home and I made a police report on XX/XX/XXXX. I also made a claim to my insurance company. On Monday, XX/XX/XXXX, I received a call from a XXXX XXXX detective who informed that he spoke with Santander. The Detective said that he googled the name of my lender and discovered that Gateway One Lending & Finance was acquired by Santander. The detective said Santander confirmed that it had my car, and that it had been repossessed. The detective gave me the name of the agent that he spoke with, and asked that I call. Also, asked me to confirm that Santander had the vehicle and call him so he could close out the stolen vehicle report. The Detective confirmed that the tow driver did not follow the law that required him to notify the police once they retrieved the vehicle. Also, the detective said that the police should have been informed of the repo order before the tow driver retrieved the car. Also, said the driver breached the peace in the restaurant parking lot, and consequently that tow was unlawful and should have been terminated. Per South Carolina State Law, XXXX, requires that all towed motor vehicles must be reported to the Chief or the Sheriff of the jurisdiction from which it was towed. The XXXX of XXXX records all notifications of towed motor vehicles and classifies them into 2 distinct categories, which include vehicles towed at law enforcement direction and vehicles towed at private party direction. Per Section XXXX, Any time a vehicle is towed by the towing company without the knowledge of the owner or person in possession of the vehicle, the TOWING COMPANY MUST NOTIFY the municipal police chief or sheriff in the countys unincorporated areas within one hour of moving the vehicle. The Detective gave the name of the Santander agent that he spoke with and the ID number. I called Santander and spoke with a different agent who was rude and condescending. She refused to tell me where my car was located, and angrily said that she was trying to collect a debt. I said I had not received any notice from her company. She said that vehicle had been repossessed and that I could only get the car by reinstating the loan. Also, the agent said that I only had until XX/XX/XXXX, to retrieve the car and after that date the car would be sold. I asked for the paperwork regarding this matter, and told that it would be sent. I asked that the notice of intent be sent email because of the time. Notably, Santander did not send a Notice Of Right To Cure Default letter as required by South Carolina. And when I inquired on XX/XX/XXXX, the agent claimed that a right to cure letter was sent on XX/XX/XXXX. However, on XX/XX/XXXX, the Reinstatement Agent, said that it was not required to send notice of right to cure. Also, on XX/XX/XXXX, I spoke with Santanders Executive Office and Reinstatement for several hours and both gave conflicting information regarding the account. Santander said per guidelines it was not required to send Notice of Right to Cure to South Carolina. Also said these notices are system generated and since a notice was not generated meant that Santander was not required by law to send it. On XX/XX/XXXX, I asked for statements regarding the account, and told that I could not get them since the account was charged off on XX/XX/XXXX. But when I spoke with the Executive Office on XX/XX/XXXX, I was initially told that it could not assess the records due to account being closed. But when I pressed the point the statements would have been archived, I was told by the agent that an internal department would have to authorize the release of these statements, and it would take 48 hours. The Agent confirmed the request and said that it would be sent by mail and email. The Agent also pressed that I had until XX/XX/XXXX to reinstate the loan, and wanted to know if I would go forward with the reinstatement. It is apparent that Santander is attempting to intimidate and pressure me to reinstate the loan on there terms. I told him I wanted and had the lawful right to inspect those documents before I moved forward. The bottom line, Santander did not provide a notice of right to cure as required by South Carolina. Also, the Executive Office said the account was past due after XX/XX/XXXX. And Santander reports the delinquency ten days later. So around XX/XX/XXXX or XXXX, the account would have been past due. South Carolina has specific rules governing when and how cars can be repossessed. South Carolina allows repossession when borrowers default. Typically, however, default means a person is 10 days late on a payment. At this point, the lender must send a Notice of Right to Cure informing the borrower that she has 20 days to bring the loan current to avoid repossession. South Carolina Legal Services, After the borrower is 10 days late on your payment, the lender must send a Notice of a Right to Cure in the mail, unless the lender is a credit union. This notice should give the borrower 20 days to repay what the borrower owes before the lender can take the car. If the borrower bring payments current, the default is cured. So, if the account became delinquent on XX/XX/XXXX, Santander was required to send the borrower a Right to Cure notice on XX/XX/XXXX. However, Santander failed to provide notice to the borrower. Notably, one agent claimed that Santander delayed to send the notice to cure because it wanted to work with the borrower. According to Consumer Protection Code 37-5-110, Pursuant to Code of Law of South Carolina, a Notice of Consumers Right To Cure MUST be sent to the borrower PRIOR to repossession ( regardless of the state of origin of the contract ) giving the borrower twenty days ( 20 ) days to cure the default ( Cited by XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX SC XXXX ). Lenders have two repossession options in South Carolina. ( 1 ) filing a Claim and Delivery suit against the borrower, and ( 2 ) Self-help repossession, the lender can come and tow the vehicle from any location- - driveway, your workplace, the street or a parking lot. The only stipulation is that it must be done peacefully. South Carolina Legal Services : Lenders can use self-help and tow your car as long as it is a peaceful removal. The law allows the lender to use self-help in repossessing your car, but the law also requires that self-help be peaceful. If the owner tells the repo agent to stop, any further attempt to tow the car is not peaceful. If the repossession continues, the repo agents risk liability for wrongful possession. Also note that the repo agent failed to notify police, but said in his tow report that police were notified of tow. Also, repo agent falsely reported to XXXX XXXX XXXX and Santander that the vehicle was retrieved from XXXX XXXX XXXX at XXXXXXXX XXXX. But reported to his employer XXXX XXXXXXXX XXXX XXXX ) that the vehicle was retrieved from XXXX at XXXXXXXX XXXX, contradicting what he reported to XXXX XXXX XXXX and Santander. Notably, the repo agent did not provide an address for the restaurant, but gave the zip code XXXX, and said in his tow report that the car was retrieved within XXXX County jurisdiction. However, the car was retrieved within city limits, and the zip code for XXXX is XXXX. Notably, the repo agent failed to report that he breached the peace while taking the car, which explained why the repo agent failed to report the tow and incident to XXXX XXXX Police. Pushing, yelling, and getting in a fight with the owner of the vehicle would breach the peace. Or even continuing to repossess your vehicle after you told them to stop, qualifies as breach of peace. And once the repo agent breached the peace, he loses the right to take the car without a court order. You do not have to consent to the repossession of your car, do not use violence, but be persistent and politely tell the repo agent to leave your property. Also note the repo agent reported the retrieval to Santander on XX/XX/XXXX, but never reported the retrieval to XXXX XXXX Police. Also, if the car has already been repossessed, the lender ( Santander ) must send notice of Right to Redeem the car and notice of what the lender intends to do with car ( South Carolina Consumer Affairs ). I asked that Santander send the Notice of Intent, and was told the letter was generated on XX/XX/XXXX, and it could take several days to arrive. Also, the agent advise me to be mindful of the deadline XX/XX/XXXX, to reinstate the loan. I said that on XX/XX/XXXX, I asked for the Notice and told it would be sent regular mail. I asked if it could be sent via email, and the agent agreed to send it by way of email. The Agent asked and confirmed both mail and email address. But when I asked the Executive Office on XX/XX/XXXX, to send the Notice of Intent by email to save time, I was told that Santander was unable to do so. The Agent said their system would not allow them to send email. I noted that I received email regarding XXXX XXXX payment history on XX/XX/XXXX. Santander lies incessantly. Also, Note that Gateway One Lending did not have lawful title to car before it sold it to me on XX/XX/XXXX. Email communications with the owner XXXX XXXX XXXX of XXXX XXXX : you sold me a car that you did not have title to and then strung me along for two months and two payments totaling XXXX, not to mention car insurance and taxes in the amount of {$800.00}. Are you kidding me! State law requires dealers to actually have physical possession of the title. Please spare me that nonsense that you have three months to provide title when you did not have the title in your possession when I purchased this vehicle. So technically, the previous owner still had possession of the vehicle because you did not register title with CA DMV. However, on XX/XX/XXXX, you gave the appearance of registering the title with DMV but did not complete the application because you well knew that you did not physically hold title. I have paid two payments, insurance and taxes for a car that was still under the legal ownership of the previous owner. As stated previously, this nonsense has made me physically ill and I will not continue. I don't care about your situation like you don't care about mine. If you were honest you would not have sold me a car that you did not have physical title to, nor would you have led me to believe that you had title at the time of purchase. You either lied to or were complicit with the bank. I would not have purchased this vehicle on XX/XX/XXXX, if I had known that you did not have physical possession of title ( XX/XX/XXXX ). It's obvious by now that you are not going to do the right thing so you leave me no choice but to make a complaint with the State 's Attorney and DMV first thing Monday morning. I demand the return of money that I paid for a vehicle you sold that you did not have physical possession of title to. I checked with the State and was informed that the seller MUST have possession of title before selling a vehicle. On XX/XX/XXXX you sent me this text ( You had a good experience when I gave you a certified check in the amount of XXXX for a car that I can't register because you can't produce title,. It's amazing how you are trying to flip this and say that I am making a big fuss over nothing. Again, you should have waited to sell the car if you knew that there was issue with the title. Moreover, you should have informed me before I purchased the car that the title would be delayed thus there would have not been the false expectation that I would receive the title soon after purchase. It has been over eight weeks and still DMV has not received title. But, ( I suppose to trust that the title will be here Tuesday ), I won't believe until I see it. I've heard it all and I'm not impressed. I guarantee if the shoe was on the other foot, you would feel the same way. So, don't try to make me feel that I'm acting irrationally. This isn't personal, it's business! So, I'm not interested in sparing your feelings. ) and according to XXXX it was delivered to you as I stated. So why are you so upset? As far as being able to prove that I owned that car before I sold it to you I have all the paperwork to prove that ok. XXXX please understand I bought the car with my cash from the auction got the title and than put it on my credit line all prior to you purchasing it. This is a very common practice among dealers also upon getting you financed I sign a guarantee of title for the bank which completely protects you. I'm sorry you feel I don't care but that's simply not true and I do care about all my customers and there well being. I try to conduct myself in all aspects of my like to the highest standards. Would you be willing to accept XXXX in an agree to disagree kinda way? Please accept my sincere apology for any inconvenience I have caused you : ) I truly would love a scenario where you become happy and excited about your beautiful new car and your belief in me. If you feel you can truly accept my heartfelt apology ( XX/XX/XXXX, XXXXXXXX XXXX ). So what do you think XXXX?? Please don't be offended I'm just trying to come to a resolution : ) ( XX/XX/XXXX, XXXX XXXX ). How about XXXX than? ( XXXX XXXX, XXXX XXXX. ) Ok I'm sending XXXX today I want to be friends again please!! ( XX/XX/XXXX, XXXX XXXX ). What address do you want it to go to? ( XX/XX/XXXX, XXXXXXXX XXXX ). Please XXXX I want to get this resolved fairly in every way. ( XX/XX/XXXX, XXXX XXXX ). Gateway One Lending & Finance sent me the Title Your title and your parts have been sent to you I personally did it!! Your not being fair nor am I out of compliance in anyway shape or form. Why in the world would you think for one minute you've been defrauded in anyway?? In the state of California it can take up to 90 days for the title work to be completed that's the law which in no way have we exceeded that. Now I don't want to argue fuss or fight so please relax and if you don't have your title work done by at least Tuesday than you can proceed to destroy my good name and reputation if it makes you feel better ok. I'm a good guy and we have an honest business we are not out to deceive anyone in anyway .. XXXX we have had a good experience up until now please let 's choose to be kind and thoughtful toward each other. I'm 100 % confident you'll have all you need to go register your car at your local DMV and please make sure they list Gateway One Lending and Finance as the lein holder of record ( The Bank Your Financing ) went through ... Be patient please it's on it's way however because you have a loan on it you won't be able to hold the title you must surrender it to your DMV so they can create a new title in your name with Gateway as the lein holder which they will hold until you pay them off ok. I sent the title directly to you trusting that you will personally deliver to your local DMV ok. I again am very sorry for any inconvenience this may have caused you. And your right nothing personal I can assure you : ). XXXX good morning just following up if you received your title and light yet? ( XX/XX/XXXX, XXXXXXXX XXXX ) Please send me a copy of the registration showing Gateway as the lien holder ok. XXXX good morning can you confirm you have completed your DMV paperwork please the bank is asking me to provide that to them XXXX XX/XX/XXXX, XXXX a.m. ). XXXX did you complete your DMV title work? XXXX, XXXX, XXXX, I am so disappointed,! Ordinarily, I would have discussed this issue via phone but for health sake I thought it best to write my complaint. This ordeal has made me physically sick. I received the Title but I delayed to register because I don't want to be involved in any fraudulent activity. Also, I wanted to inspect the document further. And as expected my suspicions were confirmed. I discovered that this Title was never filed with DMV or within the time frame as prescribed by California law. Also, I noted that you allegedly purchased the car on XX/XX/XXXX much earlier than the date you originally stated. So, it is obvious that there was an issue with getting the Title, which explains the delay with getting the Title to me. Also, this explains why the XX/XX/XXXX California DMV application for transfer of Title was never completed. I guess this explains why you are so adamant about listing Gateway as the lien holder. And when I spoke with the bank, I was told that they were waiting on you to provide them the Title. But, all long I was being strung along to give you more time to get the Title. As I stated previously, you should not have sold this vehicle if you knew that there was no Title on file with DMV. And had I known this information, I would not have purchased this vehicle without that assurance. It's hard to believe that someone would do this to a XXXX  vet but when it comes to greed I guess nothing is unbelievable, huh? ( XX/XX/XXXX, XXXX XXXX  ). Gateway One did not have lawful title when it sold the vehicle to me onXX/XX/XXXX. Both dealer and Gateway One Lending & Finance committed fraud. Gateway One never registered this transaction with the California DMV. FYI XXXX is my XXXX  company and they always lien every title as such I bought it from the auction and I have prove of that. Dealers operate on lines of credit with regards to cars I didn't do anything wrong I was always the bonified owner. What damages do you think you incurred?? The title was never to go to you because you have a lien on it with the bank. If you want to talk please call me because I am very fair and would love nothing more than handling your concerns. Santander does not hold lawful Title to this car.

Company response to consumer: Closed with explanation