Consumer complaint received 2024-11-12 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Problems at the end of the loan or lease — Problem while selling or giving up the vehicle
Company: SANTANDER HOLDINGS USA, INC.
State: KS

Complaint narrative:
My husband is XXXX XXXXXXXX XXXX and we have XXXX protections for our auto loan XXXX Santander Consumer USA. Part of these protections include being able to surrender the vehicle without penalty, which is what we are trying to do. We requested the paperwork to start this process XXXX separate times already. The first month we started the process and received the documents, we found some troubling verbiage within the first paragraph that states that by signing, I voluntarily and knowingly waive any and all of my rights and protections under the XXXX as it relates to the Vehicle, the XXXX and my account-this sentence was copy and pasted from the document. 

We then met with a XXXX on the military base that we live on on XX/XX/2024, and they informed us that under Title XXXX subsection XXXX of the SCRA that I can waive my rights if I would like to but do not have to. This document is not giving us a choice in the matter and is saying that we have to by signing it. This is in clear violation of and a manipulation of rights under this XXXX. 

We then tried contacting Santander multiple times about this with XXXX success. It wasn't until the XXXX  day window lapsed that someone from the XXXX department named XXXX contacted me to collect a debt. I asked him about this verbiage and if we could remove it and he said no, but that I would still be protected. This is not what the document says. I had to then redo the surrender process and again. Before XXXX and I got off the phone, he told me that the number he called from is his cell and that I could call any time if I had any other concerns ( XXXX ). I took up this offer and called a total of 5 times over the span of XXXX weeks and left voicemails. He is apparently very busy as it has been XXXX weeks and I still haven't heard from him to help resolve this matter. I have also sent several emails and called and have not received an answer on this. I tried calling again today and finally got in touch with someone from the XXXX department. I voiced my concern yet again and asked that they remove this verbiage. the operator put me on hold and spoke with someone from management and they said they could not remove this verbiage but assured me I was protected. Again, I repeated that this is not what it says on the document. The operator said again that they could not remove this. I then asked if they could put in writing that I am still protected like she said I would be, and she said that she could not. However, it still remains that I am not protected by signing this document, but it was verbally assured to me that I would be. This is a frustrating conundrum that needs to be handled from a higher authority than what I can muster it seems. 

Additionally, Santander was sued XXXX separate times int he span of XXXX years for violating XXXX rights and it appears they are trying to be sly about taking advantage of service members a yet gain. I am beyond frustrated and just want to surrender my vehicle without surrendering all my SCRA rights as the document states I would have to do by signing. Some sort of legal action needs to be taken against them again.

Company response to consumer: Closed with non-monetary relief