Consumer complaint received 2022-07-13
Company: Santander Consumer USA Holdings Inc.
State: FL
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
I, ( XXXX : XXXX ) a natural human, consumer hereby am notifying you SANTANDER. that I realized the coupon attached to my statement was indeed a form of payment. I looked up the correct definition of a Coupon pursuant to The Black law dictionary A coupon is a written contract for the payment of a definite sum of money on a given day, and being drawn and executed in a form and mode for the purpose, that they may be separated from the bonds and other instruments to which they are usually attached Please be advised that I received your statements and coupons from Account of SANTANDER. ACCOUNT NUMBERXXXX  in the amount of {$14000.00}. I accept your offer and I am returning your coupon as Tender of Payment pursuant to 3-603 ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. ( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an endorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. ( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument. 


Bond coupon Part of bond which is cut and surrendered for payment of one of the successive payments of interest Coupon bonds Bonds to which are attached coupons for the several successive installments of interest to maturity. Benwell v. Newark, 55 N.J.Eq. 260, 36 A. 668 ; Tennessee Bond Case, 114 U.S. 663, 5 S.Ct. 974, 29 L.Ed. 281. 

Coupon notes Promissory notes with coupons attached, the coupons being notes for interest written at the bottom of the principal note, and designed to be cut off severally and presented for payment as they mature. Williams v. Moody, 93 Ga. 8, 22 S. E. 30.

Pursuant to Instrument A negotiable instrument ( defined in U.C.C. 3-104 ), or a security ( defined in U.C.C. 8-102 ) or any other writing which evidences a right to payment of money and is not itself a security agreement or a lease and is of a type which is in ordinary course of business transferred by delivery with any necessary indorsement or assignment, U.C.C. 9- AFQR255 105 ( 1 ) Pursuant to UCC3-603 TENDER OF PAYMENT.

( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.

( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an endorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.

( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.

Pursuant to UCC1-308 Performance or Acceptance Under Reservation of Rights.

( a ) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as " without prejudice, '' " under protest, '' or the like are sufficient.

Company response to consumer: Closed with explanation