Consumer complaint received 2023-04-15
Company: SANTANDER HOLDINGS USA, INC.
State: NY
Product: Payday loan, title loan, or personal loan
Sub-product: Installment loan
Issue: Struggling to pay your loan

Complaint:
On XX/XX/XXXXXXXX Santander Consumer USA had a tow company attempt to STEAL my XXXX XXXX XXXX for the 2nd time. In this 2nd attempt, the tow truck company ( name unknown at the moment ) breached the peace, creating a very hostile situation. The woman that was assisting the tow truck driver illegally entered my vehicle attempting to block me from getting in my driver 's seat. 

Which led to a physical altercation. An absolute violation of law and a breach of contract. I verbally stated that they " may not take my car ''. I asked the woman repeatedly to remove herself from the vehicle to which she refused until I was able to physically force my way into the driver 's seat and start my vehicle. The tow truck driver finally told the woman to get out of the SUV. 

Seconds before she gained entry to the vehicle, the tow truck driver also physically assaulted me ( yet another absolute breach of peace ) as well as my neighbor, with the brackets of the tow bar while we were standing at the back of the SUV. By intentionally pressing the button to make the towbar press against the back of our legs in an attempt to scare us to move. Threatening to crush our legs between the tow bar and my vehicle. The two were using very menacing tactics. 

After I successfully got into the driver 's seat of my SUV I was able to get it started, WHILE still wrestling the woman out of my car. Once she finally exited the vehicle, I immediately drove up onto the sidewalk and lawn of the property, to avoid the threat of theft and the threat a police presence creates for an XXXX XXXX like myself. I have a witness and a video recording of what transpired that day. the police were called as well This is the second time Santander Consumer USA has committed a breach of the peace. I have made multiple complaints against/to SANTANDER CONSUMER USA directly , through the CFPB, and the New York Attorney General. I have cited multiple codes that SANTANDER CONSUMER USA has violated in these prior complaints and I have highlighted the misleading verbiage, the outright fraud, and predatory loan practices. 

I have pointed out things such as their failure to disclose all information per the TRUTH IN LENDING ACT and U.S CODE 15 USC 1632 DISCLOSURE REQUIREMENTS. Santander attempted to dissuade me from exercising my right to rescind the contract and any obligation that may have derived from my signature and ignorance.

In response to my last complaint, Santander directed me to reread the section of the contract that states there is a " no cooling off period '' in New York. This was true, up until XX/XX/XXXX, which is the date that The State of New York adopted new rules for used car dealers ( I purchased my SUV on XX/XX/XXXX, a full 15 months after the new laws had been adopted ). 

Under these new rules dealers must provide a financing statement in a prescribed form prior to the execution of any retail installment contract. The financing terms must include two annual percentage rates : the contract APR and the lowest APR offered to the buyer by any finance company with the same term, number of payments, collateral, and down payment. It also states that consumers MUST be given an automobile contract cancellation option form that offers a consumer a two-weekday cancellation period. A consumer may use this form to cancel the purchase and receive a full refund. 

The contract presented to me by XXXX had neither. There were no finance company comparisons offered nor was there a cancellation option form presented with the contract. The Truth in Lending Act clearly states that the " consumer '' is to be informed and properly instructed by the creditor on their options so the consumer can make an informed decision. 

Repossession- verb ( used with object ) to regain ownership of ; to take back. So unless we are using a different definition for repossess, Santander Consumer USA is ultimately committing theft when attempting to take a vehicle they never actually possessed. Santander Consumer USA has violated on so many levels that it bewilders me how this corporation has been allowed to continue to conduct business. 

I have pointed out things such as XXXX 's failure to honor the service contract. I took the XXXX XXXX back to the dealer a week later after purchase to address a problem in the steering column that still exists to this day, yet another breach of contract. 

It has taken some time for me to respond to the last rebuttal from Santander because unfortunately I am just now becoming aware of and comprehending my consumer rights. Santander Consumer USA has taken full advantage of my ignorance of these rights. Thankfully the CFPB as well as other policy enforcement agencies exist to help consumers right these wrongs when they occur.

Company response to consumer: Closed with explanation