Consumer complaint received 2017-09-02
Company: Santander Consumer USA Holdings Inc.
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
Please note that a previous case was filed. Santander responded in the complaint that they sent me the documentation. The problem is that they obviously made an error which has cost me thousands of dollars and a drop in my credit score. If you note my response from them you will see multiple times they say they sent the information to my address. However, if you look at my Contract you will see my address is in XXXX and not in XXXX. A clerical error on the behalf of Santander should not cost me for 7 years. Santander sent the paperwork to the OTHER address on file, not mine. Obviously I needed information to be sent to the address on the contract, which is XXXX XXXX XXXX, XXXX, XXXX - which is my address for the last 12 years. I should have been notified by federal and state laws multiple issues. 

Required Notifications : Before your lender can sale your car, they MUST notify you of their intentions. You can waive this right, so make sure you dont sign anything the lender gives you until you consult with your lawyer. See Texas Business & Commercial Code Sect. 9.611 Timing of Notification : Your lender must send the required notification after your default and 10 days within the disposition of the vehicle. See Texas Business & Commercial Code Sect. 9.612 Content of Notice : The notice must list your name and the collateral that the lender intends to sell. It must state how much money it would take to REDEEM or reinstate the loan. It must provide a telephone number to call to redeem the loan. It must state how they plan to dispose of the truck and tell you that you are entitled to an accountable of any debt remaining after the sale. The lender must tell you the time and place of the auction ( or other manner of sale ). Its pretty easy for lenders to follow this rule the form is listed in the statute. See Texas Business & Commercial Code Sect. 9.613 and Texas Business & Commercial Code Sect. 9.614 Right to Redeem Car or Truck :  You have the right to redeem your vehicle even after Texas repossession. To redeem the loan default, you have to pay whatever is owed through that date, the reasonable expenses like repo fees, storage costs and attorneys fees. You have the right to redeem the vehicle up until the actual sale date and time. See Texas Business & Commercial Code Sect. 9.623 Lenders Failure to Comply : If the lender fails to follow the Texas Repossession laws, then it may be liable for damages and costs that you incur. Or you may be able to recover {$500.00} for each statute violation. Or you may be able to eliminate any deficiency owed on the truck loan after the sale. See Texas Business & Commercial Code Sect. 9.625. 

I should not have to get a lawyer to fix this issue. It is obvious ( by the response from Santander ) that I never got the information required by federal and state law, and the paperwork not only did not get delivered to me, it is proven that it did not get to me because of a clerical issue made by the company. Below is my first complaint with CFPB. I have attached the 19 page response, which was emailed, but also ironically addressed to an address in XXXX with my name on it. I have never lived there. That person who did live there was a friend of my wife, and I do not live with that girl. I have had a wife for 12 years in the same house in XXXX, Texas. 

XXXX Santander is reporting a repossession for this account, in the amount of {$10000.00}. It is true that I co-signed the loan on the car. The person I signed for was in an abusive relationship and my wife and I felt like she needed some help. It was not the wisest thing to do, but it seemed like the right thing to do at the time. It wasnt long after that she disappeared with the car. She made regular payments on time for about a year and then the problems began. The real issues begin once the car was repossessed. I am not disputing their right to repossess the car if she wasnt making the payments. I am concerned that once it was repossessed I wasnt provided notice that the vehicle was going to be sold. I wasnt provided any notice about what it would take to redeem the vehicle. I wasnt provided any notice about when it would be sold. All these are required under Texas Business & Commercial Code Sect. 9.612. Nor was I ever informed of what it was sold for, so I have no way of knowing if the amount they claim is still owed is correct or not. Finally, to add insult to injury the item was then slapped onto my credit report. This item is under dispute under the FCRA, 15 USC section 1681i, for being inaccurate or unverifiable, because I have no way to know if the amount being claimed is correct. It is also under dispute under the FDCPA, 15 USC section 1692g,  because at all points there has been a failure to provide written notice of anything related to the repossession or sale of the vehicle. Had I known of the repossession I would have bought this car to keep this off my credit. Texas State Law requires multiple things that are not addressed in federal law that I am sure that Santander knows about but none of these things were followed. Sale/Auction : Your lender can sell your truck in a commercially reasonable manner at an auction or other type of sale. See Texas Business & Commercial Code Sect. 9.610 Required Notifications : Before your lender can sale your truck, they MUST notify you of their intentions.. See Texas Business & Commercial Code Sect. 9.611. They did not notify me of the sale. Timing of Notification : Your lender must send the required notification after your default and 10 days within the disposition of the vehicle. See Texas Business & Commercial Code Sect. 9.612. They did not notify me of the sale and did not send me the notification. Content of Notice : The notice must list your name and the collateral that the lender intends to sell. It must state how much money it would take to REDEEM or reinstate the loan. It must provide a telephone number to call to redeem the loan. It must state how they plan to dispose of the truck and tell you that you are entitled to an accountable of any debt remaining after the sale. The lender must tell you the time and place of the auction ( or other manner of sale ). Its pretty easy for lenders to follow this rule the form is listed in the statute. See Texas Business & Commercial Code Sect. 9.613 and Texas Business & Commercial Code Sect. 9.614, None of this was done. Right to Redeem Car or Truck : You have the right to redeem your vehicle even after Texas repossession. To redeem the loan default, you have to pay whatever is owed through that date, the reasonable expenses like repo fees, storage costs and attorneys fees. You have the right to redeem the vehicle up until the actual sale date and time. See Texas Business & Commercial Code Sect. 9.623 Lenders Failure to Comply : If the lender fails to follow the Texas Repossession laws, then it may be liable for damages and costs that you incur. Or you may be able to recover {$500.00} for each statute violation. Or you may be able to eliminate any deficiency owed on the truck loan after the sale. See Texas Business & Commercial Code Sect. 9.625 Consequently, I am requesting that this removed from my credit report as being inaccurate, unverifiable, and under dispute where the creditor has failed to provide proper notice of the items relating to this account.

Company response to consumer: Closed with explanation