Consumer complaint received 2025-05-27 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Damage caused or loss of personal items in vehicle during the actual repossession
Company: SANTANDER HOLDINGS USA, INC.
State: TN

Complaint narrative:
To : Consumer Financial Protection Bureau From : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TN XXXX Date : XX/XX/XXXX Subject : Formal Complaint XXXX Santander Consumer USA Unlawful Enforcement of Contract Without Mutual Agreement or Legal Signature To Whom It XXXX Concern : I, XXXX XXXX XXXX XXXX XXXX this formal complaint to your office regarding a clear and unjust act of financial injury being carried out by Santander Consumer USA, XXXX XXXX XXXX a Retail Installment Contract concerning XXXX XXXX XXXX XXXX, XXXX XXXX This is not a repeated complaint, not a duplicate complaint, and not a follow-up to a previously filed matter. This is my first official complaint regarding this loan and the unlawful actions Santander Consumer USA is taking to enforce it. 

Background and Legal Issue The contract in question was signed between XXXX XXXX XXXX XXXX XXXX and me on XX/XX/XXXX, with the understanding that it would later be assigned to a financing entity. The contract contains my signature as the buyer, and a signature from a XXXX associate but nowhere on the contract does Santander Consumer USA XXXX or acknowledge mutual agreement. 

Despite the absence of a wet-ink signature, acceptance, or any legally binding manifestation of agreement from Santander Consumer USA XXXX XXXX have proceeded to enforce this financial obligation as if a mutual contract exists. Let it be plainly stated : there is no such mutual agreement. They have not signed, executed, or even directly negotiated this contract. ( This is a unilateral obligation masquerading as a bilateral contract and that is impermissible under the law. ) As a Supreme Court jurist with decades of experience would recognize, contract law requires mutuality, consideration, and consent. Here, Santander Consumer USA was not a party to the original contract, did not sign, and therefore can not lawfully enforce the terms as if they were. Their subsequent assignment from XXXX does not override the constitutional and commercial law principle that no party XXXX enforce a contract to which they are not legally bound. 

Violation and XXXX Santander Consumer USA is actively reporting this account to credit reporting agencies, causing damage to my consumer credit report and financial standing. Their continued reporting and collection efforts have created financial barriers and caused unjustified injury all based on a false presumption of legal enforceability. 

Furthermore, I have submitted a formal rescission of signature ( which has been included ) under governing provisions of UCC 2-207, UCC 3-306 , and Federal Truth in Lending Act ( TILA ). Even after this rescission, Santander Consumer USA continues to act as though the obligation remains valid. They have failed to provide proof of mutual consent, yet they persist in acting as creditor and enforcer. 

Legal Basis for Relief Lack of mutual assent violates basic principles of contract formation. 

No valid consideration or acceptance by XXXX XXXXXXXX XXXX is on record. 

Violation of the Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ) for knowingly furnishing inaccurate information. 

Violation of Federal Truth in Lending Act for enforcing a financial instrument absent required disclosures and mutual execution. 

UCC Article 3 and Article 9 do not authorize enforcement of an unsecured contract by a non-signatory assignee acting without standing. 

Respectfully submitted, XXXX XXXX XXXX XXXX XXXX XXXX XXXX TN XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation