Consumer complaint received 2021-10-19
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:
As a natural person, consumer, original creditor and executor per 15 USC 7006. Due to the UNITED STATES Bankruptcy of 1933 and passing of HJR192, the UNITED STATES is bankrupt and all debt is the obligation of the UNITED STATES. The bank CAN NOT loan money so why am I paying on a loan? As a result of this documentary evidence I am asserting my rights per my contract and revoking power of attorney by rescinding the transaction and arbitration agreement per 15 USC 1635 due to repeated FDCPA and TILA violations, fraud and all information and representations being false and misleading pursuant to 15 USC 1692e. SANTANDER CONSUMER USA is collecting on an alleged debt that has been paid. 
XXXX Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. 
In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 

or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 

This is fraud, 18 U.S. Code CHAPTER 63MAIL FRAUD AND OTHER FRAUD OFFENSES The transaction is a violation due to being charged a finance charge, which is the sum of ALL charges. 
( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.

( 2 ) Service or carrying charge.

( 3 ) Loan fee, finders fee, or similar charge.

( 4 ) Fee for an investigation or credit report.

( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. 

I was charged additional fees for insurance and down payments, I never received the UCC lien paperwork, I never received the 3 copies of the right to rescission and supported documents. The entire consumer credit transaction was complete at signing of the master promissory note, the negotiable instrument. Per my contract the alleged debt is paid in full in accordance with the law 16 CFR 433.1, 16 CFR 433.2 and 16 CFR 433.3.

Company response to consumer: Closed with explanation