Consumer complaint received 2021-10-18
Company: Santander Consumer USA Holdings Inc.
State: TN
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:
I am XXXX XXXX and submitting this complaint myself and there is no third party involved. 

I am referencing the consumer credit transaction pursuant to 16 CFR 433.1, 16 CFR 433.2 and 16 CFR 433.3 within this complaint. 

The consumer credit transaction took place earlier this year. The transaction resulted in a credit sale from a purchase money loan given by the creditor/seller. 

After reviewing the contract, I exercised my consumer right to rescind within 72 hours with attached notarial seal. Not to mention, I recognized the following : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 

The above notice is pursuant to 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. 

In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 

The retail installment sale contract is a consumer credit contract ; therefore, I have the right to all claims and defenses being that this contract involved unfair, deceptive acts, and practices. 

Although, I exercised my right to cease collection activity through all mediums while this account is being investigated, Santander Consumer USA made an attempt to seize the property. A person making an attempt to seize a consumer property is a violation of 15 U.S. Code 1692e. 

15 U.S. Code 1692e ( 4 ) ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 

Not to mention, Santander Consumer USA also made a threat of use of violence to harm me physically as well as my reputation, and my property. Throughout this experience with the reference person, the use of obscene and profane language was through mediums. As a consumer, I have witnessed Santander Consumer USA harass and abuse me through abusive debt collection practices to make a payment on the debt. My credit report is reflecting a negative mark from the person who has assumed a position with collecting an alleged debt. 

Pursuant to 15 U.S. Code 1692d A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. 
( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. 
( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) [ 1 ] of this title. 
( 4 ) The advertisement for sale of any debt to coerce payment of the debt. 
( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. 
( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the callers identity. 

All in all, this was an consumer credit transaction and my credit card was used along with my signature that allowed Santander to collect the finance charge plus other fees from the Federal Reserve in return to give me purchase money loan yet no proceeds were given from the consumer credit contract to me as the consumer. Therefore, I am demanding Santander Consumer USA to adhere pursuant to 16 CFR 433.1, 16 CFR 433.2 and 16 CFR 433.3.

Company response to consumer: Closed with explanation