Consumer complaint received 2017-09-01
Company: Santander Consumer USA Holdings Inc.
State: MD
Product: Debt collection
Sub-product: Auto debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
Santander Consumer USA is acting in violation of the Maryland Anti-Deficiancy Laws and is trying to collect on a debt that they technically can not collect on. On XX/XX/XXXX I contacted Santander Consumer USA regarding my past due car payments and the next steps I can do in repairing our relationship. The representative informed me that my best option was to voluntarily give up the car and that it would completely wipe out the debt I owed with them and that they would stop all collection activities ( I have thus learned that I was lied to by the representative and that this was not true, that giving my car back would not erase the debt I owed but only reduce it ). I gave them the address to pick up my car at XXXX XXXX XXXX in XXXX Maryland ( please note that that I never told them this was my address or told them to change my address on file ). The next day my car was given up to the tow company and all was well, as so I thought. To my surprise when I look at my credit report a few months ago I noticed that this is still showing negatively on my credit report as debt I owe. According to Maryland law " Within 5 days after the credit grantor repossesses the tangible personal property the credit grantor shall deliver to the consumer borrower personally or send to him at his last known address by registered or certified mail, a written notice which briefly states : ( 1 ) The right of the consumer borrower to redeem the tangible personal property, and the amount payable for it ; ( 2 ) The rights of the consumer borrower as to a resale, and his liability for a deficiency ; and ( 3 ) The exact location where the tangible personal property is stored and the address where any payment is to be made.For 15 days after the credit grantor gives the notice required by subsection ( e ) of this section, the credit grantor shall retain any repossessed property. '' I never received any such notice from Santander Consumer to my mailing address via certified or any other sort of mailing. Which is in violation of Maryland law. Subsequently, Santander consumer is also required by Maryland Law after selling my vehicle to send me a deficiency letter outlying the remaining debt I owe. Maryland Law States " Private sales must be commercially reasonable, and the lender must send an accounting to the borrower. If the property is sold at public auction, the lender must provide the borrower with a written statement of how the proceeds were applied. If the vehicle sells for less than the balance owed on the loan, then the remainder is an unpaid deficiency. '' State law also requires that this be sent via certified mail latest address on file. Any violation of this law states that the " credit grantor can not collect on the debt ''. 

In XX/XX/XXXX I contacted Santander 's President Office XXXX XXXX, to file a complaint regarding this debt and I spoke to gentlemen named XXXX XXXX. XXXX XXXX informed me that they sent all the notices to an address " XXXX XXXX XXXX XXXX, XXXX Maryland XXXX '' and address that I have never lived at or be associated with. Also, when doing a search with the USPS the address " XXXX XXXX XXXX XXXX .... '' does not exist whatsoever and any mail delivered to this address would be deemed undeliverable and returned back to the sender. I never gave Santander that address or gave them permission to send me any corespondents to that address.My address on file that the time was " XXXX XXXX XXXX, XXXX XXXX MD '' the address that I gave them! When I informed XXXX XXXX of my finding he stated he " did not care '' and it " would n't have mattered if they sent the notice or not '' because he deemed me " irresponsible ''. I asked XXXX several times for the opportunity to speak with his manager or  XXXX XXXX and he refused to let me speak with anyone else. 

I have come to the conclusion that Santander has not acted in good faith with the sale of my vehicle, giving me the required notices, and reporting my debt correctly to the credit agencies. 

I want Santander Consumer to immediately stop all collection activity against me and remove all negative reporting activity off my credit report since according to the law they are not allowed to collect on my debt. If this is not done within the allocated 15 days by CFPB I will take immediate legal action.

Company response to consumer: Closed with monetary relief