Consumer complaint received 2018-03-07
Company: Santander Consumer USA Holdings Inc.
State: KY
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
XXXX continues to harass me about an illegally purchased, charged-off debt ( MY CAR ) by sending tow trucks to my house and banging on my door to the point of nearly breaking my glass. This must stop now!!! XXXX has not responded to the 1st complaint ; therefore, I've filed a complaint ( see attached ) with the Texas Attorney General against XXXX. XXXX didn't respond to CFPB 's 1st complaint number XXXX that I filed on XX/XX/XXXX. Please see this recent CFPB Complaint number : XXXX, Date submitted to CFPB : XX/XX/XXXX, Date sent to Company : XX/XX/XXXX that XXXX. Attached is a recent harassing letter from XXXX that I received on XXXX XXXX. In this letter XXXX continues to harass me about this illegally bought debt that was charged-off and is no longer owed. Today is XX/XX/XXXX. I 1st notified XXXX on XX/XX/XXXX, the 30 day mark that I do not owe this debt per the instructions in their harassing letter ( attached ). XXXX  Please stop harassing me about this debt that I do not owe! You are violating the law by continuing to do so. this complaint is in relation to the following : I obtained a car loan for {$19000.00} from Santander Consumer USA through XXXX in XX/XX/XXXX. After making many payments on the loan, I started to have some problems making payments but never broke communications with Santander Consumer USA over payment arrangements during this time. On XX/XX/XXXX, Santander XXXX XXXX, charged-off ( SEE attached credit bureau entry ) my car and attempted repossession which I felt was a strange move or illegal since they had charged it off. My complaint today is concerning Santander Consumer USA 's never-ending attempt to continue to make claim to a debt that has been charged-off. If they wanted me to continue making payments on the loan, why did they charge it off? There is something illegal about this move. To make matters worse, I received a letter dated XX/XX/XXXX ( SEE attached copy of letter ) 6 days to-the-year, from the date they charged-off my car loan. This letter states that they were offering me a settlement of 50 % off the amount of {$17.00}, XXXX ( the balance of the loan ), {$8900.00} to settle this account in full and send me the title to the car. I had until XX/XX/XXXX to come up with the money. I thought this was a great deal as strangely as it read since the car was already charged-off. Nevertheless, I called Santander Consumer USA to take them up on their settlement offer but as I said, I was not able to gather-up {$8900.00}. I'm just complaining more so today about Santander Consumer USA 's never-ending attempt to continue to make claim to a debt that has been charged-off. But now they state in a letter ( SEE attached letter ) dated XX/XX/XXXX that THEY'VE SOLD my ALREADY CHARGED-OFF LOAN to XXXX XXXX XXXX XXXX XXXX on XXXX XXXX???!!! Further, the letter states that XXXX XXXX XXXX XXXX XXXX now OWNS and will CONTINUE TO SERVICE YOUR AUTO CONTRACT? WHAT???!!! How is this EVEN remotely possible if the loan-car has already been CHARGED-OFF as of XXXX!!!!??? What's really going on here?? How can XXXX XXXX XXXX XXXX XXXX OWN a loan that has been LEGALLY CHARGED-OFF, GONE, DOESN'T EXIST!!! Furthermore, it is even illegal that Santander Consumer USA was able to SO-CALL SELL a loan that has been LEGALLY CHARGED-OFF, GONE, DOESN T EXIST and they continue to insist they OWN a LEGALLY CHARGED-OFF LOAN!!! I hope that you and the Federal Trade Commission come up with a reason and an answer to my question and find out what laws Santander Consumer USA and XXXX XXXX XXXX XXXX XXXX have violated. I will also be notifying the Attorney 's General in the states where Santander Consumer USA and XXXX XXXX XXXX XXXX XXXX are located. In a decision in XXXX v. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX   XXXX, No. XXXX ( XXXX XXXX, XXXX ), the XXXX XXXX XXXX XXXX XXXX issued the following statement : " A person shall not furnish information on a specific transaction or experience to any consumer credit reporting agency if the person knows or should know the information is incomplete or inaccurate. '' I feel that this statement alone, at least acknowledges that Santander Consumer USA furnished a charge-off of my car loan, a specific transaction/debt of {$17.00}, XXXX, on XXXX to a consumer credit reporting agency, knowing ( or should have known ) that this information was incomplete or inaccurate??? And so I've put question marks here to bring attention to the fact/question we need answered. Either my car loan of {$17.00}, XXXX is charged-off as stated by the attached credit bureau entry which means just that!! That THIS debt has been LEGALLY CHARGED-OFF, GONE, DOESN'T EXIST!!! or Santander Consumer USA and XXXX XXXX XXXX XXXX XXXX are involved in some type of nefarious activity that further deserves investigating. Because if their doing it to me, toward how many others are they performing this nefarious activity. Please find out for me Consumer Financial Protection Bureau and Federal Trade Commission.

Company response to consumer: Closed with explanation