Consumer complaint received 2022-09-05
Company: Santander Consumer USA Holdings Inc.
State: TX
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
I mailed XXXX XXXX XXXX as well as Santander the same letter : Upon carefully viewing my contract, I am highly offended that you, car salesman name, finance manager name, and dealership name and DBA, decided to lie to me to complete a transaction instead of being clear and conspicuous throughout the process. That is a violation of 15 USC 1601. I have found more things to be fraudulent in my contract. 
I would first like to talk about the vehicle price. One cash price shows the vehicle purchase price for XXXX ; however, it also shows that price for the retail value of the vehicle as well. The cash price on the sticker of the vehicle shows XXXX. That is the only price I was made aware of during the buying process because there was no negotiation needed, only a test drive. The cash price listed on my bill of sale is XXXX, which is higher than what was discussed. Upon receipt of my Federal Truth-In-Lending Disclosure, the cash price shows XXXX. I am aware that price has interest added to it ; however, subtracting the interest would not put me at the price I was aware of during the buying process. When making my purchase, I was told that the price of my car is what is listed on the sticker, XXXX. My question to you what is the real price of my car really considering there are FOUR different cash prices listed? Raising or lowering the price without making it clear and conspicuous to my knowledge is illegal. It is fraudulent activity because I was not made aware of this notice. You changed the price FOUR separate times on my contract. Please refer to 15 USC 1611 in reference to fraudulent activity. That alone is enough to make my contract VOID, you be fined and/or have possible jail time ; however, I am going to continue telling you how you have lied and disrespected to me. 
If you reference to 15 USC 1605, upon looking at the Federal Truth-In-Lending Disclosure of my contract, I notice that the finance charge on my contract is separate ; however, according to federal law, the finance charge is said to be determined as the sum of all charges. In addition to that, the finance charge does not include charges of a type payable in comparable to cash transaction. What that means is cash should have been excluded from my transaction ; however, it was not. I was lied to and told a down payment was mandatory, so I presented an amount of XXXX. It was not made clearly and conspicuously to me that a down payment was not needed. Again, that is important because it is in violation of 15 USC 1605. Also, in violation of 15 USC 1605, I was not offered insurance. Per my contract, it says N/A ; however, it was not made clear and conspicuous to me that insurance is supposed to be provided in the finance charge. Not offering me insurance is illegal. 
According to 15 USC 1635, I had the right to rescind my contract by midnight on the third business day of me buying my vehicle ; however, you did not make it clear and conspicuous to me that I had that choice. Per my contract, it says no cooling off period ; however, per federal law, which is illegal. I have until midnight on the third business day to rescind ; however, you did not make that clear and conspicuous to me during the process. 
Due to this being a manner of fraud, I have contacted the attorney general about this matter. 15 USC 1611 states that you are at criminal liability for willfully and knowingly violating my rights. You listed false information in my contract by changing the cash price numerous times. You verbally told me false information by making me pay a down payment. You also did not provide me with insurance as well as the right to rescind my contract. You charged me an extra finance charge when in actuality the finance charge is supposed to be the sum total of all charges. This matter can be resolved without any further legal action. Due to you lying to me and violating my rights to complete a sale, I would first like to rescind my contract. The next thing I would like to do is demand my down payment back in full for XXXX. In addition, I would like to demand double my finance charge. My finance charge is XXXXX and double that is XXXX. The total I am demanding to be paid to me is XXXX. In addition to receiving my down payment and double my finance charge, I am demanding that my title be released to me. 15 USC 1635 lets me know that I am in the right with my demands. An invoice has also been sent as well about where/how you can send payment. If this matter is not resolved within 20 days, I will then be moving forward to settle this matter in court, which will then result in you covering court costs, lawyer fees, and {$1000.00} per violation that has been placed on my credit report. I look forward to overseeing this matter in a civilized manner. 
Thank You!

Company response to consumer: Closed with explanation