Consumer complaint received 2022-06-22
Company: Santander Consumer USA Holdings Inc.
State: MO
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:
Today I received a resolution letter from Santander Consumer USA , Inc / Third Party Debt Collector stating that they " have completed their research of my concerns and they have a resolution ready for me '' and to give them a called at a specific number provided on the letter attached. After calling that number I spoke with four different agents with ID numbers provided : XXXX ID # XXXX, XXXX ID # XXXX, XXXX- ID XXXX XXXX, and XXXX- ID # XXXX. XXXX had very horrible consumer service, trying to talk over me with a loud voice using profane language. Never-the-less, XXXX was using profane language pursuant FDCPA by saying that I owed a " debt '' and " payment since not defined in the FDCPA. I asked XXXX if I could speak with her manager and she rudely said " I transfer you '' and my call got disconnected. To conclude, I have checked my login account Chrysler Capital and there is no " past due amount shown '' and my consumer credit report is showing that the Chrysler Capital account has charged off. I have not knowledge of what gives Chrysler Capital or especially Santander Consumer USA , Inc / Debt Collector the right to enforce a payment with no security interest. I have contact the secretary of state of missouri by submitting a certified Lien Search UCC11 to see if there was a UCC Lien on my name by any of these alleged " Lenders '' and the only Lien on the VIN number is held in my Trust. I'm confused on what these alleged third party lenders have to give them a right to enforce a payment from XXXX XXXX XXXX XXXX  Chrysler Capital and Santander is in violation of the FDCPA, TILA, Consumer Credit Protection Act and etc for attempting to defraud me. The " retail installment contract/ Purchase Money Loan '' in regards to the truth in lending disclosure is defined as " A cash advance which is received by a consumer in return for a Finance Charge within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who ( 1 ) refers consumers to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement. These billing errors may be assumed to be willfully intent on misleading and or deceiving the consumer of the character / amount of any debt ( 15 U.S.C, 1692e ). All debts obligations and securities are owed to the United States ( 18 U.S.C. 8 ). Furthermore, ( 15 U.S.C. 1602 ( y ) ) states " that payment was made when I used my credit card '' -As used in this section and section 1666f of this title, the term regular price means the tag or posted price charged for the property or service if a single price is tagged or posted, or the price charged for the property or service when payment is made by use of an open-end credit plan or a credit card if either ( 1 ) no price is tagged or posted, or ( 2 ) two prices are tagged or posted, one of which is charged when payment is made by use of an open-end credit plan or a credit card and the other when payment is made by use of cash, check, or similar means. For purposes of this definition, payment by check, draft, or other negotiable instrument which may result in the debiting of an open-end credit plan or a credit cardholders open-end account shall not be considered payment made by use of the plan or the account. ( 15 U.S.C. 1602 ( L ) ) which states - " ( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. Furthermore, a consumer contract is not sufficient evidence of debt reference to case Pacific Concrete F.C.U. v. Kauanoe, 62 Haw. 334, 614 P.2d 936 ( Haw. XXXX ).

Company response to consumer: Closed with explanation