Consumer complaint received 2018-07-13
Company: Santander Consumer USA Holdings Inc.
State: VA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Problem after you declared or threatened to declare bankruptcy

Complaint:
XX/XX/XXXX XXXX XXXX XXXX, President & CEO Santander Consumer USA Holdings Inc . 
XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX, Good day. The purpose of this letter, although unpleasant, is to fully advise you of the experience Ive had with Santander Consumer USA. In XX/XX/XXXX I purchased a vehicle in XXXX XXXX, although pre-approved by my bank, the dealer recommended using your company. Payments were made as scheduled, however, in XX/XX/XXXX I ran into problems due to a mortgage from XX/XX/XXXX with outrageous interest ( 9 % - 10 years interest only ) that the bank would not modify. After paying several attorneys to attempt resolution with XXXX XXXX, it was suggested I file Chapter XXXX bankruptcy ( my home is a XXXX XXXX XXXX XXXX XXXX XXXX XXXX ). I paid another attorney {$10000.00} to navigate bankruptcy to retain my home and vehicle. Once in bankruptcy, XXXX XXXX ( former attorney ) advised my new payment amount to Santander Consumer USA, as well as advising payment amounts to other creditors. Throughout the 14-month ordeal I made all payments to Santander as directed, and this has been confirmed by Santander representatives. 
In XX/XX/XXXX my bankruptcy case was dismissed due to attorney malpractice. The Assistant U.S. Trustee has since filed sanctions against my former attorney for what amounts to legal  malpractice. My attorney has put XXXX XXXX and his insurance company on notice of civil action also. All this has been conveyed to Santander representatives, as well a copy of the U. S Trustees motion has been sent. 
A month after my bankruptcy was dismissed, I received a call from your representatives stating my loan was 250+ days past due and I had to pay over {$5000.00} to reinstate the loan or the vehicle would be repossessed. At this point I have put over {$15000.00} into a lawyer to try to keep my home of 15 years. I was shocked to learn that Santander didnt honor the agreement made with my attorney in XX/XX/XXXX. I asked for some time to work through this nightmare, I am single and XXXX years old, I run a XXXX XXXX for XXXX XXXX ; I dont have thousands of dollars laying around. 
In XX/XX/XXXX I agreed to a settlement with Santander in the amount of {$14000.00}. I was to pay {$2000.00} which I did and the rest in 10 days or XX/XX/XXXX. On XX/XX/XXXX I was sideswiped pushing the vehicle into a ditch by a hit and run driver. I phoned Santander to provide the police report number and my insurance claim info. Since this was hit and run, and I was physically hurt, trying to get the vehicle fixed ( out of pocket ) and waiting reimbursement from XXXX has been a challenge. On XX/XX/XXXX a representative phoned for a status update, I advised I was still waiting and the vehicle still needs more work, however, I would pay {$1000.00} that day ( and I did ) and try to pay {$1500.00} the following week. He put me on hold and came back to say his manager said they ( Santander ) would work with me because I honestly could not pay {$1000.00} into a vehicle Santander planned to repossess. On XX/XX/XXXX I received notice of foreclosure sale on my home, forcing me to send every remaining penny to the lawyer to try to fight foreclosure and keep my home of 15 years. At this point the vehicle is sitting in the driveway, wont start and I still have not been reimbursed by XXXX. Finally, Monday XX/XX/XXXX I can pay to have repairs made so the vehicle would run, while still trying to fight foreclosure. Yesterday, XX/XX/XXXX, I walked out to get groceries and my prescription from the vehicle ( grocery shopped the night before and due to rain left dry goods in the vehicle ) and it was gone! I truly thought the vehicle was stolen. 
Phoned Santander and call routed to the department handling repossessions. Despite being told Santander would work with me, despite Santanders knowledge the vehicle was in an accident, and I was physically hurt, and that I was doing what I could the vehicle, a XXXX XXXX XXXX would cost {$670000.00} to get back. Bottom line, XXXX, from what was the Presidents office, basically said sorry for your troubles lady pay it or lose it. I told him I had {$3000.00} but dont know when I could get the rest. Again, if I want the vehicle pay {$6700.00}. I pointed out the truck still had work needed from the accident and at auction it might sell for {$5000.00}. XXXX advised Santander was prepared to take the loss rather than let me try to get it back. Since XXXX I have paid {$3000.00} and I proposed I could pay {$3000.00} to get the truck back. Nope, XXXX clearly stated Santander was prepared to take the loss rather than work with me KNOWING FULL WELL all that has happened. And by the way, unless I can produce the paperwork my bankruptcy attorney sent to Santander stating the new payment amount acceptable, nothing can be done. Yet, every payment I made in bankruptcy was accepted without a word from Santander until the case was dismissed. My former attorney had advised Santander agreed to the payment and reduced amount in or out of bankruptcy. 
Today I must try to find someone to take me to the yet named location to get my personal items from the truck. That was my only means of transportation, yet your company is willing to take a loss rather than help a customer that has been through XXXX and back, and you have the documentation to prove it. I now understand the why thousands of people have taken time to send in complaints on your company. I have sent mine as well, to the OCC and AG. I am still in shock and outraged at the total lack of compassion, yet overwhelming greed displayed by Santander. 

XXXX XXXX XXXX

Company response to consumer: Closed with explanation