Consumer complaint received 2022-02-24
Product: Debt collection 
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property
Company: Santander Consumer USA Holdings Inc.
State: TX

Complaint:
On XX/XX/XXXX I created a modification with Santander for a loan and agreed to make payments on the Auto loan under a modified agreement. 

XX/XX/XXXX I filed for bankruptcy I learned before I filed for bankruptcy Santander charged off the loan as they claimed 120 days passed due, and breach the agreement by charging off the loan XXXX Santander returns and files a claim in bankruptcy. Asking for a certain amount of monies. 

Santander returned and withdrew the amount requested. 

The trustee took payments every month for Santander. 

The bankruptcy was not confirmed as there was no need for a bankruptcy and it was dismissed with the Judge adjudicating the account given all creditors 14 days to dispute the adjudication Santander never responded The trustee sent payments to all creditors who were to receive payments. 

Santander was not suppose to accept a payment as they had already charged off the debt and no longer had a contract I sent XXXX letters to Santander regarding the Debt the first letter covered I never received a right to Cure default in XXXX, or that they acceleration the contract, It was not sent to the attorney the attorney only received there request to file a claim on a breach accelerated contract I contacted Santander after the Bankruptcy as the trustee sent them payments for the months I was in Bankruptcy as the trustee did not know they accelerated the contract. 

After speaking with the trustee I was informed they are to return the monies. I spoke to Santander and explained you return money. They refused. I explain you can not have both the money and the car You must return the money and you can have the car if you return the money. Santander put a cease and desist in place XX/XX/XXXX is when I last spoke to them explaining we know longer have a contract see letter. 

Santander did not reach out to me any longer, I did not receive the money back nor did they pick up the car. 

After 2 years Santander still did not return the money, but they repossessed the car on XX/XX/XXXX illegally and it is theft as I no longer have a lien with Santander. 

I learned there were many lawsuit for subprime loans and realize I was XXXX of the parties who has a subprime loan and was never contacted about the law suit or any arrangement for consumer that had these subprime loans I was in contact with Santander XX/XX/XXXX contacted them explain the debt collection laws and the state of Texas laws to Santander. I was told my loan was escalated as they had never seen anything like this 2 years to pick up an automobile, I spoke with A gentleman on XX/XX/XXXX he was so surprise he stated I will have to send you too the executive offices I received a call from a female a few days later that said she would need at lease 5 days to invest gate given the time frame XX/XX/XXXX. 

I received a phone call from a XXXX who informed me he would be handling my account on XX/XX/XXXX. XXXX stated he would ned the letter I sent to the Executive offices. He also informed me it would take XXXX hours to hear back which would have been XX/XX/XXXX. 

I did not hear back on XX/XX/XXXX. I was a little concern that it was taken too long for them to answer why they repossessed my auto after 2 years on a contract they breach and took money after the breach then came and took the car XXXX did return the call and assured me he was working the case. He informed me he had a meeting schedule to speak about my case on XX/XX/XXXX and would given me a call back before close of day I did not hear back on XX/XX/XXXX I sent that I believe they are using a delay technique I sent a letter to them explaining I want to know where my Car is located as this is theft as in Texas they must have a valid lien to repossess a car. The lien is no longer in effect after they charged it off, and breach the contract. I explained I would be calling the police to report theft if they do not fix this issue. 

I also explained I never received a cure letter. I do not have an address of where my car is. I also explained I do not have a lien with these people any longer. It does not take 2 years to pick up a car. You took the money and created a settlement. I received my credit report they are not even on the report as the loan is a subprime loan and illegal. I explained you not even listed as a creditor. I asked for the car and the title and damages as it they have caused a financial hardship. 

I also asked that they tell me where I can pick up my car. I demand they do not sell my car as the letter stated the car would be auction off on XX/XX/XXXX that is illegal as we no longer have a contract and it is voided as they were sued by many attorney generals. I want my car, title and damages.

Company response to consumer: Closed with explanation