Consumer complaint received 2021-03-31
Company: Santander Consumer USA Holdings Inc.
State: LA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
I have been disputing my credit report account information as inaccurate and reporting errors with XXXX, XXXX and XXXX. I found out about the alleged debt when it was to late. I did not have any knowledge nor did I receive any notifications of the alleged debt. XXXX removed all errors and inaccurate information. 
XXXX and XXXX  are still reporting errors and inaccurate information. 
Ive contacted both credit bureaus XXXX Credit Bureau and XXXX Credit Bureau numerous of times and disputed those errors and inaccurate information thats remaining on my credit report. Ive also asked them to validate the debt, both credit bureaus have come back to me and stated they were able to verify and validate this debt. How is this possible? Under the laws of the FDCPA, I have contacted both collection agencies myself and have been unable to get them to verify that this is indeed my debt with physical documentation. 
XXXX is reporting errors and incorrect information with the creditor XXXX XXXX XXXX as in late payments. I was never late on this account. I have asked XXXX to validate the account by sending me physical documentation as in the original signed contract bearing my signature including the amount of the monthly payment and the monthly payment due date, copies of the original cashed checks used for bill payment including the dates, bank statements showing my payments including the dates. The dates of the alleged late payments are XX/XX/XXXX. They have the XX/XX/XXXX scheduled payment amount of {$520.00} and the amount of {$520.00} was paid on XXXX XXXX. How was I late and what proof do they have to validate this. This is an example of errors and inaccurate information. The other inaccurate late payments XXXX is reporting is as follows, XX/XX/XXXX and XX/XX/XXXX, XXXX through XXXX of XXXX, XX/XX/XXXX, XXXX through XX/XX/XXXX and XX/XX/XXXX. 
Not only was I never late on this account, As per the FCRA, only accurate and timely information may be listed on my credit report. Section 609 of the FCRA gives me the right to see what XXXX XXXX the furnisher sent to the credit reporting agency as evidence that the information is correct. The information needs to be verifiable, so if its not, it should be removed from my credit report. XXXX is reporting the following for the creditor XXXX XXXX : Account Name XXXX XXXX XXXX, Account XXXX, Account Type Auto Loan, Date Opened XX/XX/XXXX, Responsibility Joint with XXXX XXXX, Status Paid, Closed. 
Status Updated XX/XX/XXXX, Balance- ( blank ), Balance Updated- ( blank ), Recent Payment- ( blank ), Monthly Payment {$0.00}, Original Balance {$20000.00}, Highest Balance {$0.00}, Terms 66 Months. 
XXXX is also reporting errors and incorrect information with the creditor Santander Consumer USA. Santander Consumer USA is also rude and non complaint to my disputes. I know Santander had a class action lawsuit including a settlement. ( A coalition of 34 attorneys general led by Illinois Attorney General XXXX XXXX, announced on XX/XX/XXXX, a settlement with Santander Consumer USA XXXX. ( Santander ) that includes approximately {$550.00} XXXX in relief for consumers with even more relief in additional deficiency waivers expected. The settlement resolves allegations that Santander violated consumer protection laws by exposing subprime consumers to unnecessarily high levels of risk and knowingly placing these consumers into auto loans with a high probability of default. ) Santander Consumer USA was also ordered to pay {$4.00} XXXX to the Consumer Financial Protection Bureau ( CFPB ) for violating the Fair Credit Reporting Act ( FCRA ). According to the consent order it states Between XX/XX/XXXX and XX/XX/XXXX, the CFPB said it discovered numerous systemic errors that could have lowered consumers credit scores, such as the wrong date an account first became delinquent. With that being said XXXX did not report any payment history from XX/XX/XXXX-XX/XX/XXXX but listed payment history in XX/XX/XXXX as agreed/ paid on time. Why is XXXX not reporting the payment history when this alleged account open date was in XX/XX/XXXX. XXXX intentionally left it blank and is reporting inaccurate information. XXXX must retain the delinquency date connected to the original charge. XXXX is in violation of the law by reporting inaccurate information. XXXX is also reporting the following for the creditor Santander Consumer USA Account XXXX SANTANDER CONSUMER USA, Date Opened, XX/XX/XXXX, Account Number XXXX, Account Type Auto Loan, Responsibility Joint with XXXX XXXX, Status Account charged off. {$13000.00} written off {$18000.00} past due as of XX/XX/XXXX. 
Status Updated, XX/XX/XXXX Balance {$18000.00} Balance Updated XX/XX/XXXX, Recent Payment {$0.00}, Monthly Payment {$0.00}, Original Balance {$20000.00}, Highest Balance {$0.00}, Terms 84 Months, On Record Until XX/XX/XXXX. 
If the account was opened XXXX XXXX and the original balance was {$20000.00}. Why do I still have a balance of {$18000.00} in XX/XX/XXXX. So this is stating and XXXX is reporting after 5 years the exact and only amount paid on this alleged debt was a total of {$2000.00}. XXXX  is in violation of the law by reporting inaccurate information. 
XXXX is also reporting my personal information in error and inaccurately. Ive disputed these errors and incorrect items on my credit report numerous times and provided documentation of my one and only address and your company still failed to remove and update this incorrect information. The items showing errors and reporting incorrectly is : The address of XXXX XXXX XXXX XXXX XXXX, La XXXX and XXXX XXXX XXXX XXXX XXXX, La XXXX. I can not receive any mail from the United States Postal Office at either address. 
My correct address and the only address I reside at is XXXX XXXX XXXX XXXX XXXX, La XXXX please update. 
My correct date of birth is XX/XX/XXXX ( XXXX ) please correct and update. I Ive provided supporting documents, my original Louisiana birth certificate, my Louisiana Drivers License, my social security card, my W2 and a copy of an utility bill. Please reinvestigate these and delete and correct the disputed items as soon as possible.

XXXX also have 3 inquiries that need to be removed. I have never authorized it nor did the creditor have permissible purpose. According to the Fair Credit Reporting Act, Section 604, a creditor shouldnt have access to a consumer 's credit information unless the individual himself gives written permission, or unless credit access is court-ordered or requested by a state or local government agency in relation to child support. With that being said I do not recall authorizing this credit inquiry and I understand you shouldn't be allowed to put an inquiry on my file unless I have authorized it. I am requesting you initiate an investigation into XXXX XXXX XXXX inquired on XXXX XXXX, US SM BUS ADMIN ODA inquired on XXXX XXXX and US SM BUS ADMIN ODA inquired on XXXX XXXX to determine who requested this credit inquiry. 
If you find I was not the one who authorized this inquiry, I ask that it be removed immediatelyfrom my credit file. Please be so kind as to forward me documentation that you have had the unauthorized inquiry removed to my mailing address XXXX XXXX XXXX XXXX XXXX, La XXXX If you find that I am in error, then please send me proof of this. 
This is a clear case of unverified debt here, In this event XXXX can not verify or validate the item pursuant to the FCRA, and the company continued to list the disputed item on my credit report. I will find it necessary to sue for actual damages and declaratory relief under the FCRA. I urge XXXX to remove this item before I am forced to take legal action. I will find it necessary to sue for actual damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including small claims court in my area. 
While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA. In addition I know that the XXXX XXXX agencies ( XXXX and XXXX they actually earn money when you dispute inaccurate items on your credit reports. 

The Credit Reporting agencies do not widely publicize this fact, but it is true nonetheless. 
I look forward to an uneventful resolution of this matter. I need XXXX to validate the debt as in providing physical documentation as in the original contract bearing my signature with proof that my name is listed as being primary of the account, a detailed list of the payment history from the first date the account was open beginning in XX/XX/XXXX and to include all the payment history from XXXX XXXX. Details about the age and amount of the debt including a copy of the last billing statement from the original creditor ; a detailed explanation of any interest added or payments made since the last billing statement and the legal authorization for this interest ; the date the original creditor claims this debt became delinquent. Please validate or remove from credit report. As per the FCRA, only accurate and timely information may be listed on my credit report. Section 609 of the FCRA gives me the right to see what Santander Comsumer USA the furnisher sent to the credit reporting agency XXXX as evidence or any physical documentation that the information is correct. The information needs to be verifiable, so if its not, it should be removed from my credit report. 

XXXX is also is reporting errors and incorrect information with the creditor XXXX XXXX XXXX as in late payments. I was never late on this account. I have disputed this error and inaccurate information and I have asked XXXX to validate the account by sending me physical documentation as in the original signed contract bearing my signature including the amount of the monthly payment and the monthly payment due date, copies of the original cashed checks used for bill payment including the dates, bank statements showing my payments including the dates. The dates of the alleged late payments are as follows XX/XX/XXXX and XX/XX/XXXX, XXXX through XXXX of XXXX, XX/XX/XXXX, XXXX through XX/XX/XXXX and XX/XX/XXXX. XXXX is reporting the following for the creditor XXXX XXXX : Date Opened XX/XX/XXXX, Monthly Payment {$0.00}, Responsibility Joint Account, Account Type Installment Account, Loan Type AUTOMOBILE, Balance {$0.00} Date Updated XX/XX/XXXX, Payment Received {$2500.00}, Last Payment Made XX/XX/XXXX, High Balance {$20000.00}, Pay Status Current Account, Terms {$0.00} per month, paid Monthly for 66 months, Date Closed XX/XX/XXXX, Remarks CLOSED. 
Please validate or remove from credit I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act ( FDCPA ). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute : [ 15 USC 1692e ] ( 2 ) The false representation of -- ( A ) the legal status of the alleged debt and ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. 
I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation. 
Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities. 
Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general 's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a {$1000.00} fine, payable to me. 
As per the FCRA, only accurate and timely information may be listed on my credit report. Section 609 of the FCRA gives me the right to see what XXXX XXXX the furnisher sent to the credit reporting agency XXXX as evidence or any physical documentation that the information is correct. The information needs to be verifiable, so if its not, it should be removed from my credit report. You have 30 days to send me physical and verifiable documentation if not Please remove these accounts immediately from my credit report.

Company response to consumer: Closed with explanation