Consumer complaint received 2024-01-09
Product: Vehicle loan or lease — Loan
Issue: Repossession — Account reinstatement or redemption after repossession
Company: SANTANDER HOLDINGS USA, INC. (CA)

On XX/XX/2022 ; I sent a letter to the president of Santander that at the time was XXXX XXXX XXXX. On that certified letter I requested a copy of the contract binding both parties and I also requested to attach the validation of the debt and signed invoice. 

On XX/XX/XXXX, Chrysler Capital sent a letter with the Retail Installment Sale Contract. 
I never received the Original Contract binding both parties and I found that they didn't even sign. 

On XX/XX/2022 ; I sent another letter to XXXX XXXX XXXX asking him again for the copy of the contract binding both parties Original Contract. This time they sent me another retail installment contract with signatures added plus my signature added to some parts that I never signed, and my signature doesn't even match my handwriting. 

I also noticed that Chrysler Capital without my authorization report my account to the Credit Burial ; violating 15 USC 6802. They closed my account and never give me an opportunity to OPT-OUT of the information being reported. 

After viewing my credit profile I saw that they wrote under Remarks : Charged off as bad debt Profit and loss write-off Close : XX/XX/2022. 

According to XXXX 's XXXX XXXX Closed Account : An account to which no further additions can be made on either side, but which remail still open for adjustment and set-off, which distinguishes it from an account stated. ( XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX  XXXX ) On XX/XX/2022 Chrysler Capital send a letter where they asked me for a proof of payment, but according to 26 CFR 15a 453.1 under section ( b3 ) Payment : Receipt of and evidence of indebtedness which is secure directly or indirectly by cash or cash equipment, such as bank certificate of deposit or a treasury note will be treated as the receipt of payment. For a special rule regarding a transfer of property in exchange for an obligation that is secured by cash or a cash equivalent held in a qualified escrow account or a qualified " Trust ''. Payment may be received in cash or other property, including foreign currency, " Marketable Securities '', and evidences or indebtedness which are payable on demand or readily tradable. 

Chyrsler Capital has XXXX XXXX XXXX XXXX XXXXXXXX as a Trustee. ( SEC filing information ) As claimed on 16 CFR 433.7 under section ( i ) Consumer Credit Contract. Any instrument which evidence or embodies a debt arising from a " Purchase Money Loan '' transaction or a " finance sale '' as defined in paragraphs ( d ) and ( e ) of this section. ( Truth in Lending Act ) In regards of the repossession occurred of XX/XX/XXXX, at XXXX ; as stated in 15 USC 1692e-False misleading representation.

A debt collector may not use any false, deceptive or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section ( 4 ). The representation of implication that nonpayment of any debt will result in the arrest of imprisonment of any person or the seizure, garnishment, attachment, or " Sale '' of Any Property or wages of any person unless such action is lawful and the debt collector or creditor intend to take such action.

In previous letters I've asked for them to produce a receipt showing money from their company being either issue to me or deposit into another account of my behalf.

I revoked my security interest that unknowingly gave to your company ; I am now putting you on notice that I am here to claim my interest owe to my estate.

The contract in total is a misleading and fraudulent conveyance not only I was not giving properly disclosure of your " one sided contract '' /Adhesion Contract and the contract is suppossed to include insurance.

15 US Code1605-Determination of finance charge a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.

( 2 ) Service or carrying charge.

( 3 ) Loan fee, finders fee, or similar charge.

( 4 ) Fee for an investigation or credit report.

( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss.

( 6 ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed.

( b ) Life, accident, or health insurance premiums included in finance charge Charges or premiums for credit life, accident, or health insurance written in connection with any consumer credit transaction shall be included in the finance charges unless ( 1 ) the coverage of the debtor by the insurance is not a factor in the approval by the creditor of the extension of credit, and this fact is clearly disclosed in writing to the person applying for or obtaining the extension of credit ; and ( 2 ) in order to obtain the insurance in connection with the extension of credit, the person to whom the credit is extended must give specific affirmative written indication of his desire to do so after written disclosure to him of the cost thereof.

( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained.

( d ) Items exempted from computation of finance charge in all credit transactions If any of the following items is itemized and disclosed in accordance with the regulations of the Bureau in connection with any transaction, then the creditor need not include that item in the computation of the finance charge with respect to that transaction : ( 1 ) Fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction.

( 2 ) The premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges described in paragraph ( 1 ) which would otherwise be payable.

( 3 ) Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness.

( e ) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property The following items, when charged in connection with any extension of credit secured by an interest in real property, shall not be included in the computation of the finance charge with respect to that transaction : ( 1 ) Fees or premiums for title examination, title insurance, or similar purposes.

( 2 ) Fees for preparation of loan-related documents.

( 3 ) Escrows for future payments of taxes and insurance.

( 4 ) Fees for notarizing deeds and other documents.

( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing.

( 6 ) Credit reports.

( f ) Tolerances for accuracy In connection with credit transactions not under an open end credit plan that are secured by real property or a dwelling, the disclosure of the finance charge and other disclosures affected by any finance charge ( 1 ) shall be treated as being accurate for purposes of this subchapter if the amount disclosed as the finance charge ( A ) does not vary from the actual finance charge by more than {$100.00} ; or ( B ) is greater than the amount required to be disclosed under this subchapter ; and ( 2 ) shall be treated as being accurate for purposes of section 1635 of this title if ( A ) except as provided in subparagraph ( B ), the amount disclosed as the finance charge does not vary from the actual finance charge by more than an amount equal to one-half of one percent of the total amount of credit extended; or ( B ) in the case of a transaction, other than a mortgage referred to in section 1602 ( aa ) [ 1 ] of this title, which ( i ) is a refinancing of the principal balance then due and any accrued and unpaid finance charges of a residential mortgage transaction as defined in section 1602 ( w ) 1 of this title, or is any subsequent refinancing of such a transaction ; and ( ii ) does not provide any new consolidation or new advance ; if the amount disclosed as the finance charge does not vary from the actual finance charge by more than an amount equal to one percent of the total amount of credit extended.

Also, you have registered my vehicle which is being used for private transportation and not for commercial purposes.

Private Automobile is Not Required to be Registered by Law The California Motor Vehicle Code Section 260 : Private cars/vans, etc. not in commerce/ for profit, are immune to registration fees. 

Last but not least your agent and seller of the car, XXXX XXXX sold the car telling me that it has a lot of features that I could operate from my cellphone, like turning the car on from my cellphone ; he also told me that the car was much better than the car I traded-in, and I figured out the hard way that the car is a basic model and it doesn't have features that can turn on/off the car from my cellphone, turn on heater or A/C, He never helped me out with the features on the app because he couldn't figured out himself but probably he wasn't able to figure it out because he was just lying or just trying to make a sell.