Consumer complaint received 2025-10-01 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Account reinstatement or redemption after repossession
Company: SANTANDER HOLDINGS USA, INC.
State: TX

Complaint narrative:
On XX/XX/XXXX, my vehicle ( Acct ending XXXX ) was repossessed at my Texas residence after I told the agent he could not take it and that I had an open disability-hardship request with Santander. The agent said theres no such thing as breach of peace, and lifted my vehicle. He used profanity in front of my XXXX, and the vehicle lifting caused contact and damage to a vehicle behind it. XXXX was called and I was immediately informed the officer was new without repossession experience, refused my right for an XXXX  sergeant ; was denied my necessary medications, denied any opportunity by XXXX  to take Texas Business & Commerce Code 9.609 into consideration, XXXX, and sustained physical injuries that I sought medical treatment for and am now requiring XXXX XXXXXXXX. Both my daughters have been tormented by the situation that happened, and this has severely impacted my current medical state. 

This all occurred after I twice sent a hardship/accommodation package on XX/XX/XXXX and XX/XX/XXXX, ( fax confirmed ), and a final written notice to Santander Legal on XX/XX/XXXX requesting a repossession hold pending my SSDI outcome ( hearing XX/XX/XXXX ). I was forced to make an XXXX  report on XX/XX/XXXX ( XXXX ) after Santander alleged that the XXXX phone numbers that I sent my entire personal information to did not belong to them ( both numbers they provided me, XXXX number XXXX stated was on record for Santander despite their denial ). I called Santander on XX/XX/XXXX and spoke with the XXXX XXXX XXXX on XX/XX/XXXX after receiving alerts that my vehicle was being broken into while repossessed at the right passenger door ; I was later told the repo was legal, despite the breech of peace with no meaningful remedy offered. 

XXXX seeking help because the repossession could have been prevented had Santander genuinely communicated with me, not provided me incorrect fax numbers, and tried to resolve the issue instead of constantly texting me automated messages " appearing '' to try to keep me in my vehicle. I spend countless hours on the phone with this company trying to get help and did everything I was asked to do- including provide EVERY private doctors record and letter, social security letter, ID, SSN, BANK INFORMATION to the WRONG number due to their negligence. Further, this mishandling and disregard for my documented medical hardship appear consistent with the process of the illegal repossession due to breach of the peace. Please review my attachments ( hardship letter, fax confirmation, legal notice, XXXX  report, and incident statement ). 

Texas law allows nonjudicial repossession only if it is carried out without breach of the peace. In XXXX XXXX. XXXX, XXXX, the federal court collected Texas authorities and explained that a key factor in determining a breach of the peace is whether there was a confrontation between the repossession agent and the debtor : One factor for courts to consider when determining if a breach of the peace occurred is whether there was a confrontation between the repossession agent and the debtor.If there was a confrontation, the court must decide whether the agent avoided additional confrontation law.justia.com .The court further quoted XXXX  XXXX to hold that if the debt collector has not already peaceably removed the vehicle when the owner [ objects ], [ its ] continuation with the attempt at repossession [ is ] no longer peaceable and without a breach of the peace law.justia.com Applying these standards, the court ruled that the plaintiffs allegationsthat he repeatedly objected and physically attempted to stop the repossession while the agent nonetheless continuedplausibly plead a breach of the peace law.justia.com The tow agent proceeded despite my repeated objections, insisted there was no such thing as breach of peace, and used profanity in front of my child.I physically tried to block the tow, and the agent continued anyway, causing property damage and prompting police intervention.Under Fuller, such confrontational conduct, coupled with an owners objection before the vehicle is removed, is no longer peaceable and satisfies XXXX XXXX XXXX Since the incident, my XXXX  has significantly worsened : persistent panic episodes, sleep disruption, inability XXXX XXXX or attend appointments reliably, and ongoing fear of further contact by the repo vendor. Losing the vehicle also disrupted medical and school transportation for my child, compounding daily stress and instability. 

This harm was foreseeable and avoidable. Santander had my documented XXXX and accommodation request, yet collection and repossession proceeded in a manner that escalated confrontation rather than de-escalating or offering a temporary hold while my SSDI outcome was pending. I am requesting ( XXXX ) return/reinstatement or affordable redemption without repo/lot fees ; ( XXXX ) that Santander honor my XXXX XXXX, pausing XXXX action while allowing good-faith payments ; ( XXXX ) correction of any negative credit reporting tied to this period; and ( XXXX ) production of records ( call logs/recordings, internal repo approvals, vendor work orders and GPS/tow logs ). 

I consent to provide medical documentation ( prescriptions, visit summaries ) to the Bureau if needed to substantiate the severity and duration of these XXXXXXXX XXXX

Company response to consumer: Closed with non-monetary relief