Consumer complaint received 2023-02-17
Company: SANTANDER HOLDINGS USA, INC.
State: FL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problems at the end of the loan or lease
Sub-issue: Unable to receive car title or other problem after the loan is paid off

Complaint:
On XX/XX/XXXX I filed a complaint with the CFPB against Santander in reference to the difficulty Ive had obtaining the title for my vehicle after it was written off for natural disaster and coded as such on my credit reports. A {$0.00} balance and XXXX  late payment status was also reflected. 5 days after filing this complaint the natural disaster remark and indicating code ( AW ) was removed and my balance was changed to the full loan amount. 

I had a couple late payments in early XXXX due to being hospitalized for XXXX but communicated this to the CEO by finding him on XXXX when I couldnt get any help from the customer support department. I also caught up my payments until I was locked out of my account. Consequently this is about the time the info on my credit report appears to show relief. Shortly after returning home from the hospital, the vehicle began having mechanical issues that eventually made it inoperable. I purchased the extended warranty which I was told was cancelled due to my finance companys poor practices and unreliability. Therefore I couldnt have the car fixed. 

At no time was I called, emailed, sent anything in the mail or otherwise notified of any delinquency or repossession. The car sat in my driveway for months unable to move. Ive been trying to find a way to work to get the money to have it fixed and now know it cant be and must be sold. Which I need the title for. 

Yesterday I called and the first representative that answered I explained my situation too and she told me I couldnt have the title until it was paid off and hung up on me. Upon calling back I was able to obtain from the automated system a customer number, a payoff balance of $ XXXX and that the next payment of {$640.00} is due on XXXX, XXXX. As youll see from the attached documentation, clearly their records are mismanaged because I made a payment for the normal amount ( meaning it wasnt late, ) in XX/XX/XXXX. The next representative, XXXX, ID # XXXX answered my call and I again explained my situation. Very rudely he told me that the information I had was incorrect and the vehicle was in repossession status and demanded I tell him where it was. I told him that its been inoperable as reported nearly a year ago and its been written off as a natural disaster loss and XXXX balance. I again requested information on how to obtain the title so that I may move forward in the process of salvaging my equity in this vehicle and he told me I could only do that by paying off the balance of this extremely predatory loan that was made after I left the dealership, 3 states away. 

This vehicle was purchased at {$31000.00} in XX/XX/XXXX with an {$8000.00} down payment and Santanders 24.99 % interest rate brought the total financed to {$46000.00}. My credit application ( see attached ) is completely blank other than my contact info and my self employment income I reported. This is all the documentation I was asked when financed. I believe that this practice is inconsistent with the recent settlement terms in the lawsuit brought on Santander by the CFPB. 

I find this to be not only a violation of the settlement terms of this case, predatory and criminal practices and unlawful lending and contract but now extremely concerning that after filing this complaint for what is rightfully mine in the title the company deliberately changed the coding and balance on my credit reports to hinder my ability to purchase another vehicle and attempt to hide their further wrongdoing.

Company response to consumer: Closed with explanation