Consumer complaint received 2018-07-05
Company: Santander Consumer USA Holdings Inc.
State: MD
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Loan balance remaining after the vehicle is repossessed and sold

Complaint:
My complaint is concerning the illegal ongoing acceptable practices of the Santander Consumer USA Company based in the state of Texas and lead by CEO XXXX XXXX. To date, they have been able to operate this business through deceptive practices. I am asking you to not only investigate but to do something that will conclude in results. 

After sending my Letter of Dispute via certified mail ( Exhibits 1 & 1B ), I received a copy of the contract, listing of payments & notice of repossession XXXX Exhibits 2,3 & 4 ). Nowhere in the package did Santander Consumer provide me with a Certified Return Receipt copy of the Discretionary Notice, Required Notice after repossession nor Final Notification Notice. They deceptively did not include this, even though it was a part of my dispute and request, because they originally never sent it and I indeed never received it nor signed for anything from Santander Consumer regarding this issue. To further their deception and to add insult to injury, they fallaciously included a copy of a notice of repossession dated XX/XX/XXXX ( Exhibit 3 ) in which I had never received. This was an after the fact vindictive ploy to discredit my name. This is the first that I have ever viewed this document. 

To display that they have no respect for following instructions, in the conclusion of my letter to them I instructed, Furthermore, you are hereby notified that at no point in time and under no circumstances is your company ; an employee of your company ; a representative for your company or affiliates are to contact me or any family members by any means other than the US mail system. Even in this, they defiantly dismissed my request and phoned me on Friday, XX/XX/XXXX at XXXX XXXX and Monday XX/XX/XXXX at XXXX XXXX. This displays lack of professionalism as well as total disregard to my written request. 

The deceptive practices of this company is not limited to a certain region but in fact has been noised abroad. The internet is inundated with complaints about the business and financial practices of this company and no one in Government Authority seems to address it. 

The outlandish and extremely bizarre practices of this company are publically documented for your viewing at the States Attorney Office, XXXX XXXX XXXX, XXXX XXXX, FTC, as well as your own site the CFPB. Additional sites for your viewing as evidence such as : XXXX XXXX XXXX XXXX XXXX   XXXX https : //santander-consumer-usa.pissedconsumer.com/review.html XXXX XXXX XXXX XXXX XXXX   XXXX XXXX : XXXX It is evidenced that this company makes its profits by pure deception and violating state laws. They thrive on ruining the credit of consumers at will. I will not fall victim to their prey. This practice must cease and desist immediately. They have absolutely no regard for the Laws of the State and taunt anyone to challenge them. 

As defined below, they have blatantly violated Maryland State Laws with regard to the proper procedures for their claim. Therefore, there claim should be indicated as null and void and all of my personal credit reports should immediately reflect this fact. I am raising this complaint to your level in anticipation that you will resolve this chaotic atrocity. Please see the brief law regarding the repossession procedures for Maryland below : 2010 Maryland Code COMMERCIAL LAW TITLE 12 - CREDIT REGULATIONS Subtitle 10 - Credit Grantor Closed End Credit Provisions Section XXXX1021 - Repossession.

12-1021. Repossession. 

State of Maryland Auto Repossession Laws Pre-Repossession Notices Lenders attempting a repossession must strictly comply with state laws before they can legally take your vehicle. The required notices include : Notice to Buyers : Youre entitled to an official statement of your rights, as well as a copy of the sales contract covering the purchase of your vehicle and financing terms. The document must also include a notification that you have the right to pay the full loan amount in advance. 
Discretionary Notice : This notice will inform you of the delinquent amount and state the lenders intent to repossess the vehicle under the terms of your loan. It will also include the repossession date and itemized costs for towing and storage. While the Discretionary Notice isnt required, a creditor will usually provide one because it allows for recovery of repossession fees. This notice must be delivered at least 10 days prior to taking your car. All signers on the loan need to be served by certified or registered mail. If the creditor fails to do this, you are absolved of the responsibility for repossession fees. 

Notices Required After Repossession Even after repossessing your vehicle, the lender cant immediately turn around and sell it. The creditor must send you a Required Notice by certified or registered mail, reminding you about your rights to redeem the car ; it will also cover details about the location of the car and circumstances of resell. The lender must keep your vehicle for at least 15 days following delivery of this notice, and not attempt to sell it. 

Maryland State law also requires the lender to send a Final Notification to Borrower via certified mail 10 days prior to selling it.

Company response to consumer: Closed with explanation