Consumer complaint received 2025-05-18 00:00:00
Product: Debt collection — Auto debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: SANTANDER HOLDINGS USA, INC.
State: TN

Complaint narrative:
To : Consumer Financial Protection Bureau Subject : Complaint Against Santander Consumer USA Breach of Contract, Denial of Arbitration, and Unlawful Repossession Submitted by : XXXX XXXX , Lien Holder ] Product : Auto Loan or Lease Company : Santander Consumer USA Summary of Complaint : I am filing this complaint to report a breach of contract and unlawful repossession of a vehicle by Santander Consumer USA . The company has committed multiple violations of federal consumer protection laws and contractual terms by failing to honor the arbitration clause and seizing a vehicle in direct defiance of my legal lien interest, causing significant financial harm and disruption. 

Details of the Violation : 1. Violation of Arbitration Clause : The retail installment contract governing the vehicle in question contains a mandatory arbitration clause, clearly stating that any disputes must first be resolved through arbitration before any other enforcement action can be taken.

I XXXX XXXX submitted a rescission of signature, billing dispute, and lien filing well before any enforcement action. 

Despite this, Santander Consumer USA ignored all dispute notices and failed to initiate arbitration, as required by the contract. 

By proceeding with repossession without fulfilling this requirement, they are in direct breach of contract and have defaulted on their own terms. 



2. Unlawful Seizure / Conversion of Property : Santander Consumer USA used XXXX XXXX XXXX ( XXXX ) to illegally repossess the vehicle. 

This act constitutes conversion and theft, as I am the lawful lienholder on the vehicle, and there was no court order, no arbitration, and no due process. 

Their agents took the vehicle from private property without any valid authorization, constituting theft under commercial and common law.

3. Harm and Losses Incurred : This illegal act has caused a substantial loss of income, as the vehicle was used for work and business-related activities.

I have lost not only transportation and operational capacity, but also equity, time, and contractual interest as the lienholder. 

Their failure to honor the contract has disturbed the peace, violated the spirit of arbitration, and damaged my ability to function commercially. 


Relief Requested : I respectfully request the following : 1. Immediate investigation into Santander Consumer USA for breach of contract, failure to arbitrate, and illegal seizure of property.

2. Demand full return of the vehicle to the lawful lienholder or equivalent compensation.

3. Compensation for financial damages, loss of business, emotional distress, and any future harm that results from this violation.

4. Sanctions or regulatory action for failure to comply with the Truth in Lending Act, FDCPA, and CFPB dispute procedures. 


Final Declaration : This is my first formal complaint regarding this matter. Santander Consumer USA must not be allowed to evade liability by claiming unrelated litigation or prior response. This complaint addresses a new and separate act of misconduct, one that breaches a binding contract and strips me of lawful property interest without arbitration, process, or authority.

Respectfully submitted, XXXX XXXX XXXX

Company response to consumer: Closed with explanation