Consumer complaint received 2024-09-13
Product: Vehicle loan or lease — Loan
Issue: Repossession — Account reinstatement or redemption after repossession
Company: SANTANDER HOLDINGS USA, INC. (VA)

XX/XX/XXXX called into Santander regarding delinquent balance. I was informed that my vehicle was up for repossession that I needed to make the payment that day. I was able to get the money together almost {$2000.00}. I called them back and paid that. I asked the company on the recorded line if I had anything else I needed to worry about if they were still going to come repossess my car I was told no. XX/XX/XXXX I was two months behind and late fees. I never received the right to cure default letter my vehicle was repossessed and taken an hour and a half away to the auction site. The next day I called Santander consumer to pay the past due balance so that I could go pick up my vehicle. The representative told me my loan had been charged off on XX/XX/XXXX. I had no idea what that was but I was told the only way I could get my vehicle back would be to find another lender to finance it. I had no idea an auto loan could be charged off without notice. I had been making the payments except for what I was behind. I asked where that money had went that I had been paying she informed me it went to the principal. I spoke to the representative on XXXX XXXX when I made that {$200000.00} on a recorded line when I asked if I needed to worry about my vehicle being repossessed or anything else. I was told no. I was never informed my loan had been charged off until after it was repossessed. My vehicle went up for auction and I was left with over {$6000.00} to pay. Two more payments came out of my checking account {$450.00} each after the sale. I started receiving settlement offer emails and texts from Santander. Ive never been contacted by any debt collectors pertaining to the remaining balance of the loan. I responded by email to Santander. I explained that they were falsely reporting on my credit report. Late payments instead of a charge off from XXXX when they did that. The account never stated a repossession and still does not. I informed them that they are violating my rights as a consumer especially claiming a charge off not providing the debt collectors information, not being contacted by the debt collector, reporting the charge off to the irs for financial relief when Santander USA is the actual debt collector a settlement amount holding me responsible for money they wrote off. I informed them I never gave them permission to solicit my information to any company or any other business and that if they did that it too was illegal. I also informed them of their illegal reporting on my credit report that I expected it to be corrected within 7 days. It was changed that week but even now one bureau states a {$0.00} open account. The other agency reports it is still open and delinquent. No repossession, no charge off and Im still receiving emails pertaining to paying the remaining balance. It is illegal for a company to charge off a debt. Then act as the debt collector all while writing their losses off on their taxes in order to receive a financial break committing fraud at the very least taking advantage of their position as a lender and destroying someones credit and livelihood because of their poor practices and repetitive illegal acts. Ive done my research this is not a new topic or antic for them. Theyve been sued for XXXX over XXXX XXXX XXXX XXXX for own settlement several class action suits and this exact issue playing debt collector to their own accounts theyve charged off to themselves this has also been brought in front of a court in which it was clearly deemed illegal. I would guarantee you they wrote my charged off account on their taxes and they are still trying to collect from me. How is this not tax fraud among everything else they have done and continue to do. This is deceptive to a consumer. I had no idea a company could do this and in the past get in so much trouble and continue to do this. I as a consumer deserve the right to be informed. Not only was their acts malicious and deceptive I am still stuck dealing with this mess. Its unprofessional and unethical. Its predative lending at the least. Its a trap. If they got x amount of money from the auction, they received a tax break because of the secret charge off prior to the auction that I am sure was reported for loss of income and then this company is still trying to hold me responsible for the other half of the loan in the end of XXXX? I want this removed from my credit report completely. I have hired a credit repair agency and Im allowing them to help me with this. Its completely illegal practices. Something has to give with this company I had no idea a lender could be so unprofessional, deceptive and still be allowed to do business with people.