Consumer complaint received 2021-11-23
Company: Santander Consumer USA Holdings Inc.
State: FL
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:
On XX/XX/XXXX SANTANDER CONSUMER USA received my Affidavit in support of rescission where I exercised my right to rescind my signature on in the consumer credit transaction and my signature because I never received any material disclosures of the annual percentage rate and the method of finding the Finance charge according to 15 U.S.C. 1602v that took place on XX/XX/2021 between me the dealership and SANTANDER CONSUMER. The contract is a fraudulent one-sided agreement where SANTANDER CONSUMER USA and XXXX XXXX  XXXX XXXX XXXX is the only one benefiting from it. A contract should be a clear equal agreement for both parties. I also was never provided any rescission forms in a statement along with the rescission forms that congress addresses in the 15 U.S.C 1635 right to rescission code. Also in code 15 U.S.C 1635. ( b ) congress states that " When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within XXXX days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within XXXX  days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court ''.

" If the creditor does not take possession of the property within XXXX  days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court. '' I find that SANTANDER CONSUMER USA upon receipt of my rescission and never reflected the termination of the security interest and still holds me liable for the finance charge and then continued by using fraud and unfair debt collection practices by threatening to take and seizing my vehicle that congress said I'm am no longer obligated to pay.

This has caused so much stress on me and my family and SANTANDER CONSUMER USA Is terrorizing my life. 

I attached the same affidavit I sent to SANTANDER where they never rebutted my Affidavit so it stands as facts

Company response to consumer: Closed with explanation