Consumer complaint received 2026-03-12 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Notice to repossess
Company: SANTANDER HOLDINGS USA, INC.
State: MI

Complaint narrative:
I am filing this complaint against Santander Consumer USA for violations of the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., in connection with the repossession of my vehicle and their failure to properly validate the debt upon my written dispute. BACKGROUND : I have an auto loan account with Santander XXXX USA ( account ending in XXXX ) for a XXXX XXXX XXXX XXXX XXXX, XXXX : XXXX. The account was charged off by Santander. Despite the charge-off, on XX/XX/XXXX, Santander ordered the repossession of my vehicle from my driveway at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX MI XXXX. The repossession was coordinated through XXXX XXXX XXXX XXXX XXXX ( XXXX ), a nationwide repossession forwarding company, and physically executed by XXXX XXXX, located at XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX, MI XXXX. DEBT VALIDATION REQUEST : On XX/XX/XXXX, I mailed a Debt Validation Letter to Santander XXXX USA via certified mail, pursuant to 15 U.S.C. 1692g, formally disputing the debt and demanding full verification. My letter specifically requested : ( 1 ) a copy of the original signed loan agreement ; ( 2 ) a complete itemized accounting of the debt including principal, interest, fees, and penalties ; ( 3 ) a complete payment history ; ( 4 ) documentation of the charge-off; ( 5 ) the chain of authorization from Santander to XXXX to XXXX for the repossession ; ( 6 ) proof of a valid perfected security interest ; ( 7 ) a copy of the certificate of title showing the lien; and ( 8 ) all pre-repossession notices required under Michigan law . SANTANDER 'S INSUFFICIENT RESPONSE : On XX/XX/XXXX, Santander responded with a form letter from their " Credit Bureau Department '' that was a credit reporting dispute response NOT a debt validation response. The letter merely stated that Santander had " investigated your dispute and verified the information provided to the XXXX XXXX XXXX XXXX '' and that their reporting was " accurate. '' The letter then asked ME to provide THEM with documentation such as bank statements, police reports, and proof of identity if I wished to continue disputing. Santander 's response provided NONE of the verification required under the FDCPA and the XXXX XXXX 's binding decision in XXXX XXXX XXXX, XXXX, XXXXXXXX XXXX XXXXXXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ). Under XXXX, verification requires the debt collector to " provide the consumer with notice of how and when the debt was originally incurred or other sufficient notice from which the consumer could sufficiently dispute the payment obligation. '' Santander provided no original contract, no payment history, no itemized accounting, no charge-off documentation, no chain of authorization for the repossession, and no proof of their security interest. Instead, they improperly shifted the burden of proof to me, the consumer. SPECIFIC FDCPA VIOLATIONS : 1. 15 U.S.C. 1692g ( b ) Failure to provide legally sufficient verification of the debt upon written dispute. Santander responded with a credit bureau dispute template instead of actual debt verification. 2. 15 U.S.C. 1692g ( b ) Continued collection activity ( holding the vehicle through agents XXXX and XXXX XXXX ) without providing proper verification of the disputed debt. Under 1692g ( b ), all collection activity must cease until verification is provided. 3. 15 U.S.C. 1692e False or misleading representations. Santander 's XX/XX/XXXX letter misrepresented its response as a valid investigation and verification when it was merely a credit bureau dispute acknowledgment that addressed none of the items requested in my debt validation letter. 4. 15 U.S.C. 1692f Unfair practices. Santander repossessed a vehicle on a charged-off account and continues to hold it through its agents despite failing to validate the underlying debt. 5. 15 U.S.C. 1692f Shifting the burden of proof to the consumer by requesting that I provide documentation to support my dispute, rather than Santander providing verification of the debt as required by law. CURRENT STATUS : My vehicle remains in the possession of Antrev Recovery at XXXX XXXX XXXX, XXXX XXXX XXXX, MI XXXX. I have retrieved my personal belongings from the vehicle. I have filed a civil lawsuit against XXXX XXXX and XXXX XXXX XXXX XXXX XXXX ( XXXX ) in the XXXX XXXX XXXX, XXXX XXXX, Michigan, for violations of the FDCPA, the Michigan Uniform Commercial Code ( MCL 440.9601 et seq. ), and conversion. I have also filed a Motion for Temporary Restraining Order to prevent the sale or disposition of the vehicle while the case is pending. I have sent a follow-up letter to Santander dated XX/XX/XXXX, notifying them that their XX/XX/XXXX response was legally insufficient under XXXX and demanding proper verification, return of the vehicle, and cessation of all collection activity.

Company response to consumer: Closed with non-monetary relief