Consumer complaint received 2015-08-22
Company: Santander Consumer USA Holdings Inc.
State: CA
Product: Consumer Loan
Sub-product: Vehicle loan
Issue: Taking out the loan or lease

Complaint:
I bought a motor vehicle, with last XXXX digits of V.I.N # XXXX, from XXXX XXXX on XXXX/XXXX/2014. After previous complaints made to Santander Consumer USA Inc 's " Office of the President '' regarding inaccurate accounting/application of payments made not being credited towards my account properly, and a concern I had with the original sales contract and Santander 's status as legal lien holder, and I was given no answer. Then, on XX/XX/XXXX Santander contracts with a licensed repo management company by the name of XXXX XXXX XXXX out of XXXX XXXX XXXX, & XXXX, XXXX ( they claimed that they only act as a " forwarding house '' and they did not need to be licensed to operate such a business ) who contracted with another entity by the name of XXXX XXXX XXXX , XXXX out of XXXX, XXXX, & XXXX XXXX, XXXX ( who refused to disclose license name and number of licensed individual who performed the unlawful repossession of my vehicle, which I had been making payments towards as my records will show, but again they were n't being applied towards the balance owed. This complaint is against Santander Consumer USA for using deceptive and unfair business practices/fraud and trying to enforce an unenforceable security contract because they are n't the entity that 's listed as assignee or lender/lien holder on my original contract, but " XXXX XXXX XXXX XXXX '' is listed as the assignee on the original contract addendums, but I do n't make payments to them. I 've been making payments to an entity named Drive Financial dba Santander Consumer USA, both of whom hold no rightful legal lien/security interest in the covered vehicle because neither name is listed as holding such status on any pages of my original contract & any changes to the original contract must be agreed to before such changes can take effect. After close examination of the statements, accounting, and contracts I noticed numerous inconsistencies and informed them for which they added even more unjustified charges to the loan balance. 

They then send me a statement notice that I 'm three payments behind, so I call in asking Santander 's status as assignee when they are n't listed as such anywhere on my original contracts. They threatened to repossess the vehicle without notifying me that I had defaulted on the loan, unless I pay them the full amount due. I went to their online portal to make a payment, but their system refused and dishonored my payment attempt for {$480.00}, which is my normal payment amount. I 've always used their online portal to make my payments, but now I notice that it will only permit me to pay double or triple the amount of my regular car payment to Santander. I called in again to their call center to see why, before I made a complaint I could pay {$260.00} if I wanted, towards the loan, but after the initial inquiry and my first findings that something is way-off, they tell me that because I 'm late on my payments that their portal will only allow me to pay minimum double what my normal payment would be, hence dishonoring my attempt to pay them {$480.00}, and become current, just as I had been paying before their inaccurate accounting says I was three payments past due. Thank you. 

I did call in again to Santander and was connected with a gentleman who refused to give me his name & employee ID #, who claimed to be from " The Office of the President '' and this gentleman said if I would make a payment of {$480.00} either through my bank 's bill pay option or over the phone, that it would " keep the wolves at bay '' & my car would not be repossessed & they would bring my account status to current through a deferment option once I mentioned going to XXXX and filing a complaint. I made that payment and again they did not apply it nor did they bring my account current. I even made another payment of the last money I had of {$400.00}.

Company response to consumer: Closed with explanation