Consumer complaint received 2021-05-19
Company: Santander Consumer USA Holdings Inc.
State: MI
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
I am filing a complaint against my auto servicer Santander. Santander the servicer of my auto loan has not allowed me access to any of my payment records and or billings statements ever since I filed a complaint with the State of Michigan Attorney general in XX/XX/XXXX. Since that date I have not received any payment statements or any records regarding the amortization, principal balance, interest, payoff amount or statement of when my monthly payments are due. The servicer of my loan is responsible for informing their consumers in a timely manner about fees, penalties and charges assessed on their loans. I have since been denied that right. Additionally Santander has since recently reported a late payment which adversely affects my credit reporting. The servicer, Santander has not provided me with any current or periodic billing statement they have not conspicuously identified payment requirements, payment allocations and have not notified me of any fees and or charges. Santander is in violation of Regulation Z act 1026.18 ( c ) paragraph 18C ( 1 ) ( 1 ) in which they have not provided me with any detailed billing statements detailing the amounts credited to my account. Santander in their refusal to send me any billing statements even after I have requested monthly billing statements violated the Fair Credit Billing act. As a consumer I have the right to have the ability to check my billing statements for mistakes and as a result of this practice it has adversely affected my credit. Per my conversation with Santander they have the correct billing address to send my statements are are required by law to be sent to me to notify me of my up coming bill and payment dates. 

Additionally in XX/XX/XXXX after filing a dispute with CFPB Santander had agreed to remove the one late payment that I had incurred due to the extension. They had sent me a letter stating that they would remove the late payment from XX/XX/XXXX via their encrypted web portable but have since denied me access to be able to download and send that letter to the credit reporting agencies to have that payment removed. Santander is continuing to act with the same deceptive practices that caused them to settle their class action suit. And with their deceptive practices my credit is has now been damaged. In their previous litigation Santander has been found at fault for confusing and misleading consumers about the cost of partial payments and or extensions on loans to which I am not a current victim. Failing to provide me with monthly statements or notices of charges and then reporting late payments to credit reporting bureaus should be investigated again by the CFPB. Santander has already ben found at fault for not accurately reporting consumers on XX/XX/XXXX according to your CFPB article that is attached. I am demanding that CFPB require that Santander remove all late payments from all three credit reporting bureaus. 

Santander failed to accurately remove the late payment they had agreed to remove in XX/XX/XXXX for the payment that was put under deferment. 
These violations of the FCRA and Regulation V also constitute independent violations of the Consumer Financial Protection Act ( CFPA ), 12 U.S.C. 5536 ( a ) ( 1 ) ( A ). Under 1053 and 1055 of the Consumer Financial Protection Act of 2010 ( CFPA ), 12 U.S.C. 5563, 5565, the Bureau issues this Consent Order ( Consent Order ).

Section 605 ( a ) ( 5 ) of the FCRA requires that negative information such as late payments must be removed from a consumers credit report after that information is seven years old. 15 U.S.C. 1681 ( a ) ( 5 ). The date by which such information must be removed is determined by the date on which the account first became delinquentthe date of first delinquency. This provision allows consumers to rebuild their credit following a long period of delinquency. 
Therefore, Santander violated section 623 ( a ) ( 2 ) of the FCRA, 15 U.S.C. 1681s-2 ( a ) ( 2 ). 
Respondent failed to establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that it furnished to CRAs Thank you XXXX XXXX

Company response to consumer: Closed with explanation