Consumer complaint received 2016-09-20
Company: SANTANDER BANK, NATIONAL ASSOCIATION
State: PA
Product: Debt collection
Sub-product: Mortgage
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
Santander Bank Na continues to report an account which is not mine and refuses to correct the reporting of this debt. They have not verified or provided any documentation in reference to this debt. When disputed with XXXX they replied XXXX We have researched the credit account. Account # XXXX The results are : We verified that this item belongs to you. Additional information has been provided from the original source regarding this item. Historical account information was deleted from this account. If you have additional questions about this item please contact : Santander Bank N.A., XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX MA XXXX Phone : XXXX. 

U.S. Code Title 15 Chapter 41 Subchapter V 1692g Validation of debts ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer 's right to dispute the debt or request the name and address of the original creditor. 
U.S. Code Title 15 Chapter 41 Subchapter V 1692f Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. 
U.S. Code Title 15 Chapter 41 Subchapter III 1681i 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 6 ) Notice of results of reinvestigation ( A ) In general A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency. 
( iii ) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information 15 USC 1692e 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. 
( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt ; ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed