Consumer complaint received 2024-02-04
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Problem with personal statement of dispute
Company: SANTANDER HOLDINGS USA, INC. (GA)

Subject : Security Interests Credit Reporting Account number # XXXX i wanted to just update my consumer report with said company on all three consumer reporting agencies. their replay was While we do understand your request was to change the information being reported, based on a thorough review of your account, no update will be made to the information being reported. Regarding your statements of a Charge Off being considered income, we respectfully request that you discuss these issues with a tax professional, as we are unable to offer tax advice. 

So I did and this is what i found Chrysler Capital and XXXX XXXX XXXX XXXX XXXX of XXXX Georgia may be in violation of FCRA, SECURITY EXCHANGE ACT 1934, AND TILA. Unfortunately after further investigation we may be dealing with security and dealer fraud.

According to the Retail installment agreement we agreed to arbitration on all parties. On page 2 of the Retail installment agreement states ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 

See attachments : This was a Consumer credit transactions which ( i ) the natural person incurs an obligation primarily for personal, family, or household purposes, a security interest secures the obligation, and the collateral is held or acquired primarily for personal, family, or household purposes. The term includes consumer-goods transactions, But was charged a " Cash '' down payment that Chrysler Capital didn't not require. As I take my credit and family 's well being very seriously please rectify this matter. Refunds to consumer as part of the credit transaction. Any amounts of this nature already paid by the consumer must be refunded. 

THIS IS NOT AN ATTEMPT TO CANCEL THE RETAIL INSTALLMENT AGREEMENT, I am NOW invoking my right of rescindment of your company security interest from all my insurance filing and selling on said securities and also the right for repossession of collateral, late fees and third party filings. since you did not provide the proper paperwork Under section 1026.23 Right of rescission.

( a ) Consumer 's right to rescind.

( 1 ) In a credit transaction in which a security interest is or will be retained or acquired in a consumer 's principal dwelling, each consumer whose ownership interest is or will be subject to the security interest shall have the right to rescind the transaction, except for transactions described in paragraph ( f ) of this section.

For purposes of this section, the addition to an existing obligation of a security interest in a consumer 's principal dwelling is a transaction. The right of rescission applies only to the addition of the security interest and not the existing obligation. The creditor shall deliver the notice required by paragraph ( b ) of this section but need not deliver new material disclosures. Delivery of the required notice shall begin the rescission period.

( 2 ) To exercise the right to rescind, the consumer shall notify the creditor ( your company ) of the rescission by mail, telegram or other means of written communication. Notice is considered given when mailed, when filed for telegraphic transmission or, if sent by other means, when delivered to the creditor 's designated place of business.

I appreciate your attention to this matter and look forward to your prompt response