Consumer complaint received 2021-10-30
Company: Santander Consumer USA Holdings Inc.
State: OR
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
I believe that I am being bullied by scammers. Here are the details. 

My daughter asked me to cosign on a loan so she could buy a car. Unfortunately she lost her job and couldn't make the payments. The car was repossessed. About 5 years later a firm called XXXX XXXX, XXXX. contacted me. They said that they represented Santander Consumer USA who held the loan on the car. The car was repossessed and sold off again but since they couldn't reach my daughter, I was to pay off the debt. We agreed on a settlement of {$2000.00} to be paid to XXXX XXXX, XXXX ( XXXX ) in monthly installments of {$170.00}. I have a Pay Off letter stating that the account is resolved dated XX/XX/XXXX. I also have receipts of payment. The Charge Off Date was XX/XX/XXXX. I was told that my business with this vehicle was completed. 

On XX/XX/XXXX a firm called XXXX XXXX XXXX, XXXX contacted me and said that there was a warrant out to garnish my wages and seize my bank account. This was to take place the next day. They told me that I could try to fight it in court, but that could take months and my accounts would still be seized and my wages garnished until resolved. I explained that I had already paid the debt and that I had a letter stating that. They said since they tried to resolve this by sending someone to my house, but they couldn't find my address, I had only two choices. Pay them now and resolve this debt for good or have my wages garnished and bank account seized tomorrow. I was very upset, crying and confused. The lady on the phone said that we only had less than 30 minutes to resolve this or the warrant would process and there was nothing we could do. I told her that I could send her a copy of the Pay Off letter but she said that it didn't matter, I would have to fight it in court. She would not allow me the opportunity to send her the XXXX XXXX letter. Again she threatened me that my wages would be garnished and bank accounts seized. She said that she could try to work a lower fee with her supervisor but that was only a maybe. She put me on hold. When she came back on the line she told me that she got it lower to a total of {$2500.00}. She said that at this point since it has taken so long to explain everything to me, that I only had one option and that was to pay. So I paid the agreed amount of {$2500.00} to XXXX XXXX XXXX XXXX, the firm that processes payments for XXXX XXXX XXXX XXXX. I had to sign electronic papers and they sent a receipt stating that it was paid in full and no one else could claim the debt. Again, I understood that this would resolve my dealings with this vehicle. I should also say that my house is very easy to find and that no one had delivered any papers or anything to me. During this entire situation I was crying and very XXXX 

On XX/XX/XXXX a lady from XXXX XXXX XXXX called me and told me that I still owe this debt. She said that XXXX XXXX XXXX did not pay off the debt as agreed. It didn't matter that I had paid this debt off twice. She said that XXXX XXXX XXXX owned the debt now since XXXX XXXX XXXX XXXX didn't pay it. I had less than an hour before a warrant was issued to garnish my wages and take money from any accounts that I had and even put a lien on my home. She would leave me only {$340.00}. She knew that I had paid XXXX XXXX XXXX XXXX {$2500.00}. She told me who they were and exactly how much I paid them. She said that XXXX XXXX XXXX XXXX never paid off the debt and I was liable for the money. I was very upset and confused by all of this. How could I make sure that XXXX XXXX XXXX was going to pay it, I asked. She got hateful and aggressive at this point. She then told me that I could always hang up the phone and that the warrant would go through the next day. They had filed it with the Clerk of Courts that morning in my county and she only had minutes to stop it. She said that she would help me but that I had to stop crying and calm down. She said that if I had been affected by XXXX XXXX she could work a deal for me. She then asked if I had been affected by XXXX  I told her that I had it in XXXX of this year. She worked out a deal with her supervisor that I could pay off the debt for good by paying them {$2000.00} right then using an electronic check. She would make sure that the warrant wouldn't go through. She said that if the check bounced, they would prosecute and that I would go to jail for 30 years. My husband had just gotten paid so the check was good. I had no idea how we would pay our bills but she had me so scared that I couldn't think straight. All I knew was that I had to fix this so my home would be safe. So I paid XXXX XXXX XXXX {$2000.00} by check by phone. Again she threatened me of all the things that they would do to me, garnish wages, seize all our bank accounts, put a lien on our property and put me in jail. My husband has advanced stage XXXX XXXX so I couldn't let any of those things happen. She then told me that I should call my bank and tell my bank that XXXX XXXX XXXX, XXXX didn't have my permission to take money from my account. She told me to tell my bank that it was a fraud. She said that this was off the record and that she is helping me. That I should also file a lawsuit against XXXX XXXX XXXX, XXXX. ThaXXXX XXXX XXXX XXXX was filing a suit against XXXX XXXX XXXX, XXXX because they have pulled this stunt with three other people so far. She told me repeatedly to tell my bank that XXXX XXXX XXXX, XXXX took money from my account without my permission and that it was an act of fraud. That way my bank would make sure I got my money back. She said that she used to work in the fraud department and knew that I could get my money back. She told me repeatedly to lie to my bank. That isn't right. I didn't think that a reputable company would tell someone to lie. But by this time I had already signed the document and paid by Check by Phone. I told my bank the truth. 

My husband came in while I was on the phone with the lady from XXXX XXXX XXXX. When he heard how she was threatening me he started recording the conversation and he informed her of that fact. She was not happy with him and told him that if he didn't talk nicer to him she would hang up the phone and not help me. I started to panic. I couldn't afford for her to garnish my wages and seize our accounts. 

My husband said that I was being scammed. I didn't understand how that could be when both companies said they had warrants out to garnish my wages and seize our accounts. He called our bank and put a Stop Payment on the check. I am very afraid of what they might do. I don't know how to stop this. I transferred all the money that we had in savings to pay off the debt that XXXX XXXX XXXX XXXX said I owed. I am afraid to answer my phone. I'm afraid to answer the door. I'm afraid they will come for me at work. Please help me.

Company response to consumer: Closed with explanation