Consumer complaint received 2026-03-09 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Loan balance remaining after the vehicle is repossessed and sold
Company: SANTANDER HOLDINGS USA, INC.
State: GA

Complaint narrative:
I am submitting this follow-up complaint regarding Santander Consumer USA because the companys response to my previous CFPB complaint did not address the core issues raised and did not provide sufficient documentation to validate the reported deficiency balance. I respectfully request further review of this matter. The vehicle involved is a XXXX XXXX XXXX that was financed through Santander XXXX USA. Prior to the repossession, an attempted repossession occurred on XX/XX/XXXX by Santanders contracted towing company. At that time, my account was current and payment had already been made. During that attempted repossession, the towing agents damaged my vehicle and also damaged my mothers vehicle while backing up on our private property. A police report was filed regarding the incident. I attempted to submit the required documentation to Santanders claims department as instructed ; however, the company either provided incorrect submission information or failed to properly process the claim. These damages were never addressed or compensated. Santander later reported that the vehicle was sold after repossession for approximately {$800.00}. No supporting documentation was provided explaining how this amount was determined or how the sale was conducted. Because the vehicle had previously been damaged by Santanders agents during the attempted repossession, the extremely low sale price appears to have been directly impacted by those damages. This raises concerns regarding whether the sale was conducted in a commercially reasonable manner. Under Uniform Commercial Code 9-610, a secured party must dispose of collateral after repossession in a commercially reasonable manner. This includes the method, manner, time, place, and terms of the sale. To date, Santander has not provided documentation demonstrating that the sale met these requirements I also never received a written notice informing me that the vehicle would be sold. Under Uniform Commercial Code 9-611, a creditor is required to send the debtor reasonable authenticated notification before the disposition of repossessed collateral. This notice typically informs the borrower of the creditors intent to sell the vehicle and provides the borrower an opportunity to redeem the collateral before the sale occurs. Santander has not provided proof that such notice was mailed to me. If proper notice was not provided, the reported deficiency balance may be invalid or unenforceable. Despite the unresolved issues surrounding the repossession, sale, and damages caused by Santanders agents, the company continues to report a deficiency balance on my credit report. Under the Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ), furnishers of information to credit reporting agencies must report accurate and verifiable information. Because the sale price of the vehicle is questionable, the damages caused by Santanders agents were never accounted for, and proper notice of disposition has not been demonstrated, the accuracy of the reported deficiency balance is disputed.

Company response to consumer: Closed with explanation