Consumer complaint received 2023-01-17
Company: SANTANDER HOLDINGS USA, INC.
State: TX
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
XX/XX/XXXX My brother, XXXX XXXX was working as a XXXX  XXXX for XXXX XXXX. I was XXXX XXXX XXXX and did not know much about buying cars, car loans, etc. My fianc always took care of that for me and for all the other information that I needed about cars, I would reach out to my brother to get. On XX/XX/XXXX, XXXX reached out to me to see if I would consider co-signing a vehicle loan. I was hesitant to do so because I did not feel comfortable with co-signing a loan with anyone. I said I wasnt sure and told him that due to my short credit history, I would not be approved. He said, Thats fine, let 's just run your credit and see your credit score. I said, " I guess thats fine. 

XX/XX/XXXX I hadnt heard from XXXX, so I reached out to him and asked him how everything went with the vehicle. He then told me that he got approved and he got the vehicle. 

XX/XX/XXXX I had Chrysler Capital calling me about the loan and I was confused because I thought I wasnt on the loan. I then found out that my brother used my information and took out this loan in my name. I told my fianc and he asked, Did you ever sign any contract for the vehicle? and I said, No. He then said, Well then you are not legally bound to that loan at all. He committed fraud. I reported that my identity had been stolen with XXXX and went through my checklist on IdentityFraud.gov. So, I then talked with Chrysler Capital, and they told me to reach out to the dealership to get some explanation as to what happened. 

I called XXXX XXXX on XX/XX/XXXX and spoke with a young gentleman in the Finance department briefly about the forgery/identity theft matter and kind of explained what happened. He said to me, " It sounds like a problem you are going to have to take up with the credit company. We can't take your name off as cosigner. '' I then said, " But I've already spoken with Chrysler Capital, and they told me that I needed to work this out with y'all. '' He said, " That's not really how it works. '' I then asked, " Can I speak with your XXXX XXXX? '' He then put me on hold for some time. He got back on and said, " You are going to have to speak with XXXX, my XXXX. '' and then transferred me. When I initially stoke initially spoke with XXXX she said, " This matter is my top concern. '' She then said that she would investigate it and call me back. So, I waited a few hours and got no call. 

I then took it upon myself to call them back myself and XXXX then told me she had XXXX in Finance ( AKA the employee that signed off on the sale of the vehicle ), call XXXX and apparently XXXX told them, that he took me the contract and that we looked over it together and I signed it, and he brought it back. I then said, " I never got to see any of the documents, copies, or anything. I never got to see an agreement, the loan, the credit application, nothing. '' She then said, " Well there's a signature that looks like your name on the contract. '' I then asked, " Could you send me a copy of this contract so I can see it for myself because I don't remember ever signing any contract. '' She then replied, " You are going to have to wait for my record keeper to get back in the office. She already left for the weekend. '' I then said, " Okay, can you call me back on Monday? '' and she replied, " Yes, we will update you with everything on Monday. '' Then Monday, XX/XX/XXXX, I received no calls. I called them myself right before closing. I had the front desk transfer me to XXXX. She picked it up and we started talking. " XXXX, you said you would call me back on Friday and I have yet to receive a single call from y'all. '' I spoke. " Sorry, we were really busy today and sadly my record keeper is out of the office today. She was sick. Also, we will need an email with a copy of your Driver 's License and a statement that you are requesting a copy of the contract. '' I then said, " Okay, look, I know you have the contract on your computer. Can't you just email it to me? '' She said, " Sorry I need permission from my XXXX and he's not here at the moment. '' I said, " Fine, I'll send the email. Can you just call me tomorrow then when the record keeper gets in? '' " Yes, I'll be sure to do that. '' she said. 

The next day, XX/XX/XXXX, I received no phone calls from XXXX or anyone at XXXX XXXX. So, I then took it upon myself to type this email to XXXX ( the supposed XXXX ), XXXX XXXX ( the XXXX ), and XXXX XXXX the controller ) : " I'm writing in regard to a situation that I hope you have all been made aware of. I am a victim of Identity Fraud/Possible Forgery stemming from a lease that was made back in XXXX of XXXX. An employee by the name of XXXX XXXX took my information and made me co-signer on a lease that I have never seen, and someone signed my name for me, or he produced a facsimile of my signature. As a result of all of this, XXXX XXXX has failed to remain current under the lease contract, which has had a completely detrimental impact on what was my very good credit. 

I've spoken with XXXX on several occasions, and not only has she not taken my name off as a cosigner or gotten the information back to me that I need, but she also reached out to XXXX and let him know that I was reaching out about this matter. I have not gotten any answers and I, myself, have had to reach out now every time to try and figure out what's going on. And from what XXXX told me, there was no Notarized signature to accompany XXXX 's signature or the forged/facsimile XXXX. I can tell you that I've never stepped foot into XXXX XXXX ever, so I'm very curious as to why this lease was ever even processed through? I was told lies from XXXX XXXX regarding this vehicle and loan, and I have proof through text communications that prove I never saw or signed any of that lease paperwork. Now I'm stuck here wondering whether or not XXXX was the only person at that dealership who was involved in this scheme. Who is running your XXXX department and why did he accept this lease without myself present or at the minimum -- a notarized signature ( as it states in your policy that you require )? I demand answers or I will be forced to seek, through my counsel, whatever relief I XXXX be entitled to Under Texas XXXX, legal or equitable, without further notice. 
Regards, XXXX XXXX XXXX '' The next day on XX/XX/XXXX I received an email from XXXX with no words. Just a copy of the contract. I contacted them back the same day with an email saying : " As I'm sure you can tell by the signature on my ID, that signature looks absolutely nothing like mine. I would like my name taken off as co-buyer on this vehicle and report it to the credit agency immediately. I would like it to be clearly stated that I'm NOT disputing this is not my debt, but that it HAS NEVER been my debt. 
Regards, XXXX XXXX XXXX '' Since I was able to finally see the contract myself and confirm that the signature on it was definitely NOT MINE, on XX/XX/XXXX, I went and filed a police report with the XXXX Police Department. 

XX/XX/XXXX I kept contacting Chrysler Capital about the incident and they said that they couldnt do anything without a civil case against XXXX and a handwriting expert, because even though there was suspected fraud on the account, they couldnt prove that the account wasnt mine. 

XX/XX/XXXX I decided to reach back out to the dealership via email and wrote : " I'm still waiting for the notation on my account that this has never been my debt. Please advise as to when that will be done. 
Respectfully, XXXX XXXX XXXX '' Still, I have yet to receive any response or phone calls from them. 

On XX/XX/XXXX I reached out to the XXXX and filed a complaint. I spoke with XXXX XXXX and sent her the copy of the contract and all the info about the incident. She said she would review everything and get back to me. 

XX/XX/XXXX XXXX reached out to me and said that even though the signature looked forged, that I would have to move forward with a civil suit because XXXX XXXX said they didnt know it wasnt my signature and I would have to press charges against XXXX individually. 

Additional notes : Ive included a copy of the contract for your inspection. The signature on the contract is very obviously forged. It looks almost exactly like his signature, except uses a C instead of a B. He even signed his signature in place of where mine wouldve had to go. My signature looks absolutely nothing like the signature that was forged onto the contract. Also, I'd like to state that I dont and have never had possession of this vehicle.

Company response to consumer: Closed with explanation