Consumer complaint received 2021-01-09
Company: Santander Consumer USA Holdings Inc.
State: CA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
On XX/XX/XXXX I got a response from Santander consumer USA / Chrysler Capital here are some highlights that I would like to address Re : CFPB Case Number : XXXX-XXXX Chrysler Capital Account No. : XXXX Thank you for allowing us the opportunity to address your concerns regarding your account with Chrysler Capital . 
We regret any inconvenience you may have experienced in trying to resolve this issue. Our customers concerns and experiences are of the Retail Installment Sale Contract ( Contract ) Which contradicts themself as being accurate on their reliable sources report. 

We are unable to corroborate your statement that Chrysler Capital is ignoring your phone calls, as the last contact we had with you was on XX/XX/XXXX. If further assistance is needed please ensure you are using the contact information provided in this response to reach our Customer Service Department. 

Can we address this with XXXX XXXX and ask for a transparency report of multiple people reporting that Santander consumer USA and Chrysler Capital are not responding and answering their phone calls and we can bring multiple retweets on social media that your representatives gives us the same number XXXX and still denied to communicate with the problem. 

Also you in the letter Santander / Chrysler send to me stated : Thank you for you for inquiring about the recent legal settlement that Santander Consumer USA Inc. has made with the attorneys general of several states. An independent administrator is managing all questions and claims relative to the settlement. For information regarding eligibility or other issues regarding the settlement, please visit http : //santandermultistateagsettlement.com. 

As it also continued to contradict it their company decision to denied their obligations. As stated in the letter send on XX/XX/XXXX Your account is with Chrysler Capital, not Santander Consumer USA XXXX. Therefore, your account was not included as a part of the settlement. 

When contacting XXXX XXXX : XXXX XXXXis the settlement administrator. I was one of the People that was designated to take part of the settlement. It doesnt matter which company needs to acknowledge that you have an obligation to comply with the final judgment. 

As in your website and letter head clearly stated XXXX Chrysler Capital. Chrysler Capital is a registered trademark of XXXX XXXX XXXX and licensed to Santander Consumer USA XXXX. Lease agreements are owned by XXXX XXXX XXXX XXXX and serviced by Chrysler Capital. 

Multi state government have announced that whether its Santander consumer USA/ Chrysler Capital . You are responsible for violating the consumer act and violating your commitment to resolve the violation. 

Now if we take consideration on examinate Retail Installment Sale Contract Our records indicate the following terms of your Retail Installment Sale Contract ( Contract ) : XX/XX/XXXX It clearly states in the multi state settlement 1.Restitution Who qualifies? You must have a gotten a loan with Santander between XX/XX/XXXX and XX/XX/XXXX Therefore, I qualified. And I am part of the settlement and I have proof of receipt. 

Another type of relief I qualify for is Deficiency Waivers : Santander is required to forgive the remaining balance on certain loans. Santander will also request that the loans be removed from consumers credit reports. As with Restitution, consumers who qualify for this relief will have to have a certain internal score. 

a. You got your loan between XX/XX/XXXX and XX/XX/XXXX ; and So I am eligible for this settlement as well and I am part of the settlement. 

And final the end of the letter Customers receive a 1099-C form when a waiver/debt forgiveness of {$590.00} or more is processed. We are unable to honor your request since this does not apply to your account. 

But Im getting an Ultimatum letter by Santander consumer USA/Chrysler Capital XX/XX/XXXX Account Number : Collateral : Payoff Amount : Daily Interest : Payoff Through : XXXX {$8000.00} ( This payoff is good for 15 days from today 's date ) {$0.00} XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX To Whom It May Concern : The estimated amount to pay off your account is {$8000.00}, good through XX/XX/XXXX. This payoff amount is subject to a final reconciliation and accounting and may change if there are returned payments or fees assessed on the account within 30 days of this quote. Title will not be released until the account is paid in full. 
Please be advised that the payoff effective date will be the date we receive the funds. For a payoff sent after XX/XX/XXXX, please add {$0.00} for each additional day. 


And still Santander consumer USA denies me to take part of any sort of relief and violating my consumer rights. 

After it was announced by A consent order has been issued by the Consumer Financial Protection Bureau ( CFPB against Santander Consumer USA Holdings Inc. SC for allegedly violating the Fair Credit Reporting Act. The CFPB has ordered the originator and servicer of nonprime auto loans and leases to pay a fine of {$4.00} XXXX to settle charges that it knowingly supplied inaccurate consumer credit data to the three major credit reporting agencies ( CRAs. 

Per the consent order, between XX/XX/XXXX and XX/XX/XXXX, the consumer loan data that Santander Consumer provided to the CRAs contained numerous systemic errors such as the wrong date when an account first became delinquent, which could have negatively impacted consumers credit scores and their access to credit ...

Santander consumer USA/ Chrysler Capital Youre violating your obligations and my consumer protection laws by exposing borrowers with subprime credit into auto loans with a high chance of default.

I demand deletion on my 3 or 4 major reports you have report it to now! I will also put a complaint to the office of currency and trade commission if you still violating and still excusing yourself with Chrysler Capital is the indirect lender and assignee of the Contract. The approval of an assignment of any contract, including yours,
is based on the information provided to us by the customer and the Dealership. The terms of the Contract were negotiated with the Dealership at the time of purchase. Yet, its still a Chrysler Capital. Chrysler Capital is a registered trademark of XXXX XXXX XXXX and licensed to Santander Consumer USA XXXX. Lease agreements are owned by XXXX XXXX XXXX XXXX and serviced by Chrysler Capital. 

By yet you state that the dealership XXXX XXXX XXXX and Trade Name ( " Doing Business As ... '' ) : XXXX XXXX XXXX .. 

Please do your obligations and delete the contract from my credit reports. You repossessed, you sold the car, you got the money. And you violated my rights and still want me to pay off. And not giving me a chance to breathe. Its just mind blowing.

Company response to consumer: Closed with explanation