Consumer complaint received 2017-07-27
Company: Santander Consumer USA Holdings Inc.
State: IN
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:
Recent balance {$15000.00} as of XX/XX/XXXX Due to medical costs and care of my XXXX son and myself ( also XXXX ), I Voluntary Surrendered this vehicle, XXXX XXXX XXXX XXXX XXXX, to the lender XX/XX/XXXX. Over the 4 years I had the vehicle, I paid {$3500.00} down a little over {$19000.00} in payments to Santander, also, Santander claims they sold it ( illegally, without proper notice ) at auction for {$3500.00}. Santander financed the vehicle for {$18000.00}. With these calculations, {$22000.00} was paid and they are demanding me to pay XXXX XXXX more, way over the interest percentage of 21 % that Indiana Law allows. I conducted an online chat in which the Santander Customer Rep insisted the interest rate on the vehicle was 27 %, kept the transcript for proof. Just to note, Santander Consumer USA has thousands of complaints and have been sued and ordered to pay millions for predatory lending, charging excessive interest, illegal repossessions, and unfair debt collection practices. Ended with judgments against Santander. Breach of Contract and Violations rendering deficiency of debt invalid. Santander breached the RISC and violated the CLEC by failing to provide sufficient notice before selling my vehicle. Santander failed to formally notify me in writing ( Certified Mail ) of the auctioning of the surrendered XXXX XXXX XXXX XXXX XXXX in XXXX so that I could be present and participated, also have knowledge of the selling price and condition of the vehicle or if private auction, be informed of the date and time. I do not have any information pertaining to the auction price, time and date, nor was I contacted or given documents on the breakdown of the charges on this account in which has risen over {$4000.00} of unknown charges after the vehicle was auctioned off. I am unable to retrieve any statements after numerous attempts requesting them online and verbally. I have included Chat transcripts of conversations I had with them, also screenshots of written notification asking the not to call my cell phone, yet they continued to call ( another violation ). Violation of State Code Indiana Code 26-1-9.1 et. seq. After I disputed the entry on my credit report on XX/XX/XXXX, on XX/XX/XXXXSantander maliciously added more charges to my account after the original Charge Off in XX/XX/XXXX, account went from closed to opened, and updated the day of removal of the debt from the account 2 years later than original removal, XX/XX/XXXX changed to XX/XX/XXXX. I have repeatedly asked for the documents from the auction and for the charges and they refuse to give them to me and removed access to the documents online. I was told by the Santander supervisor, the only paperwork pertaining to the auction they send is Intent to sell, they do not notify customers about the auction of vehicle. Was also told the auction was for dealers only and I did NOT have to be notified. I have tried to resolve this issue with this company, yet they insist on not being reasonable due to the " overseas '' " out of country origin of this company. I need them to understand that when you conduct business in the United States, you have to follow the laws of the United States. I have asked them to solve this problem before it escalates any further, they refused to comply. I am here to fight for my rights, I asked them just to be fair and they laughed in my face.

Company response to consumer: Closed with explanation