Consumer complaint received 2022-10-09
Company: SANTANDER HOLDINGS USA, INC.
State: NC
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Problem with fees charged

Complaint:
On the XXXX XXXX XXXX XXXXXX/XX/XXXX, I XXXX XXXX signed a contract with XXXX XXXX  XXXX  XXXX XXXX XXXX XXXX XXXX to purchase XXXX XXXX XXXX XXXXXXXX XXXX XXXX  vehicle identification No. XXXX under customer Account XXXX XXXX, at the finance amount of {$24000.00}, finance charge of {$15000.00}, XXXX of XXXX, total sale price of {$42000.00} and a down payment of {$3000.00} for 72 months. My monthly payment was XXXX as a result. For the last four months I have been trying to get answers, going back and forth with Chrysler Capital and XXXX XXXX XXXX XXXX, since finding out that per 15 U.S. Code 1605 a finance charge is a sum of all charges and cash is not a part of a finance charge ( 15 U.S 1679a ) which constitute fraud on their part. The {$3000.00} dollar down payment should have gone to the finance charge but however, was kept by the dealership which I verified with Chrysler Capital.

I also found out that I had a Right Of Rescission which which I wasn't given disclosure of.

I have been learning about credit since I am not really from this country and went to check my report only to find over 15 enquiries done through XXXX XXXX XXXX which I did not expect to be so many, had no idea that they shop it around like that, and would not have authorized. This has affected me negatively since I have since tried to apply for apartments and funding and have been denied. 


List of enquiries : XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX Removal date XX/XX/XXXX XXXX XXXX Inquiry date XX/XX/XXXX XXXX date XX/XX/XXXXXXXX XXXX XXXX XXXX date XX/XX/XXXX Removal date XX/XX/XXXXXXXX XXXX XXXX XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXX XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXX XXXX OF XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXX XXXX OF XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX  Inquiry date XX/XX/XXXX Removal date XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX  Inquiry date XX/XX/XXXX Removal date XX/XX/XXXXXXXX XXXX XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXX XXXX XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXXXXXX XXXX XXXX XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXXXXXX XXXX XXXX XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXX XXXX XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXX XXXX  XXXX XXXX XXXX  Inquiry XXXX XX/XX/XXXX Removal date XX/XX/XXXX XXXX XXXX XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXX XXXX XXXX  Inquiry date XX/XX/XXXX Removal date XX/XX/XXXX XXXX XXXX XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXX XXXX XXXX XXXX Inquiry date XX/XX/XXXX Removal date XX/XX/XXXX Of the above list of hard enquiries the only valid one is Chrysler Capital who extended me the credit . 
However the bureaus have refused to remove them from my report. 

I called Chrysler Capital to put in a dispute several times, was transferred to the executive office where I spoke to an employee by the name of XXXX XXXX ID # XXXX who refuse to give me a full disclosure of the account ledger for my records after getting no where with my complain about XXXX XXXX XXXX XXXX. I also asked to get a copy of a document with Chrysler Capital showing Permissible Purpose I gave them, the authority to report to my credit file which Violates the Privacy Act. XXXX XXXX basically told me no and threatened me that my vehicle would be repossessed, and asking me if I can afford a lawyer ( which I took as a threat ) which I am pretty sure is also another violation of my rights. 

I then preceded to send a " Right Of Rescission Notice '' to both XXXX XXXX and my sales person at the dealership ( XXXX XXXX ) on XX/XX/XXXX out of frustration. I got no response from either parties. The Dealer number of my Vehicle Buyer 's Order is XXXX, customer # 131270 Month XXXX ( XXXX ) I am again calling Chrysler Capital. I spoke to a XXXX ID # XXXX, in the executive office again, who said he escalated my complain for a " courtesy correction '' to the dealership escalation department however, I did not get any next steps after being asked what evidence I have I was violated. I said a contract and billing error stating everything I stated above. Again I was pretty much dismissed and even still, they are reporting and ruining my credit while I have an open billing error dispute which constitute racketeering. 

Other violations I have in the XXXX is a clause that says " You, the buyer ( and Co-buyer if any ) may buy the vehicle below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under this agreement. it says " cash or on credit '' not " cash and credit ''. further it says " you choose to buy this vehicle on credit '' so any cash charge is a violation of what a finance charge/credit is. I believe this renders the contract null and void and the arbitration clause contained within won't hold in court. 

I was led to believe that I had to put {$3000.00} dollars down which is not the case in a consumer credit transaction according to my comprehension. 

Furthermore, I tried again with the XXXX XXXX employee XXXX ID # XXXX to request full disclosure of the accounting ledger since the origination of my account, Proof Of Title, a copy of the security instrument showing my interest in the transaction and was told by XXXX, just as I was by XXXX XXXX ID # XXXX that this is not something Chrysler Capital provides to customers. I wanted those documents for my records and a copy of whatever authority I gave them to report to my credit profile which they told me they don't have. Full disclosure refers to the general need in business transactions for both parties to tell the whole truth about any material issue per the SEC and Federal Statutes. I have therefore canceled my signature per 15 USC 1635 for failure of material disclosure, conspiracy to defraud ( Between Chrysler Capital and XXXX XXXX XXXX XXXX )XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

( I chose to share this with consumerfinance.gov so I will not share the contract here unless I get some feedback about their email disclaimer saying that whatever information shared with me is private and should not be shared ). 

Thank you

Company response to consumer: Closed with explanation