Consumer complaint received 2023-09-13
Company: SANTANDER HOLDINGS USA, INC.
State: NJ
Product: Money transfer, virtual currency, or money service
Sub-product: Domestic (US) money transfer
Issue: Fraud or scam

Complaint:
On or about XX/XX/XXXX, we signed a construction contract ( Contract ) with XXXX XXXX XXXX ( Company ), owned and managed by XXXX XXXX XXXX XXXX ) , to build a five-foot extension on three floors of our house in XXXX, New Jersey ( House ) in exchange for {$100000.00}. The Contract required the Company to begin work on the House on XX/XX/XXXX and complete the renovation by XX/XX/XXXX. However, the Company failed to meet either date. The Company stopped work on the House in or around early XX/XX/XXXX, never to return, and refused to communicate directly with us. In an email to us on XX/XX/XXXX, XXXX wrote, I am asking that you cease any and all communication with me directly. From now on please address any correspondence or communication to my attorney.

The Company has taken more than {$68000.00} from us : in exchange, we received excuses for over half a year and an unlivable House. At XXXX request, we electronically wired the Company {$44000.00} on XX/XX/XXXX. The wire was sent to the Companys bank, Santander Bank ( we can provide the account number and routing number ). Together with the {$9500.00} we paid him via our XXXX  XXXX XXXX Credit Card, this represented 50 % of the total Contract price ), but the Company never performed more than 20 % at most of the work under the Contract. The Company charged us and we paid {$9500.00} for part of an advance for total work on the House under the Contract. Together with the {$44000.00}, this advance was supposed to be for completion of 50 % of the work, but the Company never performed more than 20 % at most of the work under the Contract. The Company charged us and we paid {$7500.00} for another advance under the Contract. The advance was supposed to be for completion of 57 % of the work, but the Company never performed more than 20 % at most of the work under the Contract. The Company charged us and we paid {$7500.00} for a sprinkler system and a permit. The Company did not even build the extension in which the sprinkler system was to operate. The Company likewise did not even procure the plans needed for the sprinkler system.

The Company never started building the extension on the second or third floors of the House. The Company also left the extension on the first floor of the House incomplete, with little more than footings and rough framing. Our new contractor, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, says that it will cost over {$140000.00} to fix all the work that the Company never did.

The Company engaged in consumer fraud, and this is part of a troubling pattern : we recently learned that the Company and/or XXXX has been sued at least three times for fraud and misconduct, among other things. All three of these actions resulted in judgments against XXXX and/or the Company. In XXXX XXXX XXXX XXXX XXXX and XXXX XXXX ( XXXX ) , homeowners alleged violations of the Consumer Fraud Act, breach of contract, breach of the covenant of good faith and fair dealing, negligence, fraudulent inducement, fraud, promissory estoppel, and conversion. This action resulted in a judgment against the Company and XXXX for over {$720000.00}. In XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX the homeowners requested and were granted enforcement of a judgment against the Company for over {$88000.00}. In XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX the homeowners brought claims for breach of contract, consumer fraud, common law fraud, and declaratory judgment and were granted a judgment against the Company and XXXX for over {$78000.00}. 

We paid XXXX a total of {$68000.00}. Nonetheless, he only completed item 2 in the Contract ( {$1400.00} ), and Change Order No. 2 ( {$270.00} ). He only partially completed items 1, 3, and 8 in the Contract. These three items total {$27000.00}. As XXXX only partly completed one of three levels to the addition, he only completed approximately 1/3 of this work, so the figure should be proportionately adjusted to {$9300.00}. The completed work totals {$11000.00}, so the Company owes us {$57000.00} for work never completed. 

Despite repeated requests, to date, XXXX has failed to give us our money back for the work he never started or completed. Even if we still wanted XXXX and his Company to finish work under the Contract, the work can not be completed because XXXX has refused to speak with us directly. 

Our bank, XXXX  XXXX XXXX, told me that they reviewed the above information and supporting documents and determined that XXXX scammed us. XXXX  XXXX XXXX further advised that they contacted XXXX bank, Santander, about the return of the {$44000.00} we wired him, but Santander has yet to respond, though they are required to do so.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation