Consumer complaint received 2026-02-11 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Account reinstatement or redemption after repossession
Company: SANTANDER HOLDINGS USA, INC.
State: TX

Complaint narrative:
Subject : Consumer Complaint Wrongful Repossession & Breach of Peace Body : Dear Sir or Madam, Please find attached my Formal Notice of Wrongful Repossession involving Santander XXXX XXXX and XXXX XXXX XXXX. 
The repossession was conducted after I expressly refused surrender of the vehicle and while I was present, resulting in threats, intimidation, and a breach of the peace in violation of Texas law and the FDCPA. 
I respectfully request review, investigation, and appropriate enforcement action. 
Thank you for your attention to this matter. 
Sincerely, XXXX XXXX XXXX Statement : Wrongful repo / breach of peace/ breach of contract ) Name : XXXX XXXX Place of Incident : XXXX XXXX XXXX XXXX # XXXX XXXX XXXX XXXX Texas XXXX Vehicle : XXXX XXXX XXXX ( XXXX ) Vin # XXXX Finance company : SANTANDER XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I entered into a finance agreement for the above vehicle with XXXX XXXX XXXX and SANTANDER XXXX XXXX , The account has been in active dispute. Prior to the repossession, I sent the finance company a written demand and ceaseanddesist letter requesting full accounting, GAAPlevel financials, chain of custody, collateral information, powerofattorney disclosures, and the wetink original contract. I also demanded that they cease all collection and repossession activity until they complied. They never provided the requested documents or acknowledged the ceaseanddesist.Repo eventDate : Friday, XX/XX/XXXX, XXXX : Around XXXX XXXX : PLACE : My apartment complex at XXXX XXXX XXXX XXXX XXXX, Texas XXXX. There was still snow on the ground and it was cold.A tow truck arrived at my apartment complex to repossess my vehicle. I was in the vehicle about to back out and the tow truck hooked up to my vehicle. I sat in it to prevent the tow driver from taking it. I told the driver that : The account was in dispute.I had sent a ceaseanddesist to the finance company.They were not supposed to be repossessing the vehicle.The tow truck driver called his boss while I was there. I simultaneously called the finance company to tell them the vehicle was being taken in violation of my ceaseanddesist and the ongoing dispute. During my call, I was transferred to approximately four different people and never received any clear resolution or instruction to stop the repossession ( although I clearly objected/ protested the repo. The repossession of my vehicle condcted by XXXX XXXX XXXX, acting on behalf of Santander XXXX XXXX, constitutes a wrongful repossession, breach of the peace, and breach of contract under Texas law, the Uniform Commercial Code, and federal law.FACTSI verbally objected to the repossession and expressly refused to surrender the vehicle while the repossession was occurring.At the time of the repossession, I was on a recorded phone call with Santander XXXX XXXX, during which I clearly stated that I was refusing to give up the vehicle.Santander acknowledged my refusal and nevertheless authorized the repossession to continue.The repossession agent threatened to tow the vehicle while I was inside the vehicle and threatened to call the police in order to force completion of a private, nonjudicial seizure, causing a scene at my apartment complex.Once a debtor objects, selfhelp repossession must immediately cease if continuing would create or escalate a breach of the peace, including threats, intimidation, or conduct likely to lead to violence or public disturbance. Any continuation in the face of objection, threats, or coercion constitutes a breach of the peace and renders the selfhelp repossession unlawful and void.LEGAL BASIS ( UCC, USC, BREACH OF CONTRACT, AND CASE LAW ) Texas Uniform Commercial Code SelfHelp RepossessionUnder Texas Business & Commerce Code Article 9, including 9.609, a secured party may take possession of collateral after default only if it proceeds without breach of the peace.When a debtor clearly objects at the time and place of repossession, and the secured party or its agents continue in a manner likely to provoke confrontation, they exceed the scope of lawful selfhelp repossession.Breach of Contract and Implied CovenantsAny retail installment contract or security agreement is governed not only by its express terms, but also by applicable state and federal law incorporated into the agreement.By authorizing and carrying out a repossession in a manner that violates Texas selfhelp standards, the UCC, and consumerprotection law, the creditor and its agents have breached the contract and any implied covenant of good faith and fair dealing associated with enforcing the agreement.A party that materially breaches a contract by using unlawful enforcement methods may forfeit certain contractual remedies, including the right to rely on defaultrelated remedies that were exercised through unlawful conduct.Federal Fair Debt Collection Practices Act 15 U.S.C. 1692f ( 6 ) 15 U.S.C. 1692f ( 6 ) prohibits taking or threatening nonjudicial action to effect dispossession of property where there is no present right to possession through an enforceable security interest.A repossession conducted in breach of the peace and contrary to governing state law vitiates any present right to possession, exposing the repossession company and, where applicable, the creditor to liability.Illustrative Case Law Interpreting Breach of the Peace and Wrongful RepossessionCourts applying UCC repossession provisions have held that breachofpeace repossessions can support claims for wrongful repossession, trespass, conversion, and related damages.Where the repossession conduct conflicts with the legal limits incorporated into the contract, such conduct can also be framed as breach of contract in addition to statutory and tort claims ) .While this was happening, the tow truck was positioned in a way that blocked the parking lot, and other residents began to complain about being unable to get in and out. The situation became tense and public.The tow truck driver and his boss became increasingly belligerent toward me. At one point, I specifically remember his boss saying, in substance : I can have him drive off with you in the vehicle, and if you interfere or touch my truck Ill call the police on your XXXX! They raised their voices, cursed at me, and continued to threaten to call the police and tow the vehicle even though I was clearly objecting and explaining that the account was disputed and subject to a ceaseanddesist.I felt intimidated, scared, and humiliated in front of my neighbors. I understood their statements as threats to remove the vehicle with me still inside and to have me arrested if I tried to protect my property or assert my rights.Aftermath : The tow company ultimately left with it on the truck. I was left without transportation. I suffered significant emotional distress, embarrassment in front of other residents, and disruption of my daily life.I am providing this statement to document that the repossession on XX/XX/XXXX, was not peaceful. I clearly objected, referenced a prior ceaseanddesist and dispute, and the tow companys employees responded by blocking the lot, causing a scene, and threatening and cursing at me in front of other residents.I declare that the above is true to the best of my recollection.Signature : ________XXXX XXXX___________________ Date : __________XXXX_____________________

Company response to consumer: Closed with non-monetary relief